The Agency may consider the following in making its decision
on an application:
A.
The application and its supporting documentation.
B.
Information gained at site walks.
C.
Public comments, evidence and testimony obtained during
a public hearing.
D.
Reports from other agencies and commissions including
but not limited to the Town of Canton's:
E.
The Agency may also consider information contained
in or on reports, books, manuals, papers, maps, drawings, and other
forms of media both physical and electronic that bear upon the application,
including the Plan of Conservation and Development.
F.
The Agency may also consider comments on any application
from the Department of Energy and Environmental Protection, the US
Fish and Wildlife Service, the US Environmental Protection Agency,
the Hartford County Soil and Water Conservation District, the Capitol
Region Council of Governments, or other local, state, federal, or
regional organizations which may be affected by or hold an interest
in the proposed activity, or other technical agencies or organizations
which may undertake additional studies or investigations.
G.
Non-receipt of comments from agencies and commissions listed in § 460-1001D within the prescribed time shall neither delay nor prejudice the decision of the Agency.
H.
The Agency is not precluded from incorporating information
known to Agency members by their own observations and familiarity
with the area.
For purposes of this article, the following terms have the meanings
indicated.
Includes aquatic, plant or animal life and habitats in wetlands
and watercourses.
Areas or environments in which an organism or biological
population normally lives or occurs.
In carrying out the purposes and policies of §§ 22a-36
to 22a-45a, inclusive, of the Connecticut General Statutes, including
matters relating to regulating, licensing and enforcing of the provisions
thereof, the Agency shall take into consideration all relevant facts
and circumstances, including but not limited to:
A.
The environmental impact of the proposed regulated
activity on wetlands or watercourses;
B.
The applicant's purpose for, and any feasible
and prudent alternatives to, the proposed regulated activity which
alternatives would cause less or no environmental impact to wetlands
or watercourses;
C.
The relationship between the short term and long term
impacts of the proposed regulated activity on wetlands or watercourses
and the maintenance and enhancement of long-term productivity of such
wetlands or watercourses;
D.
Irreversible and irretrievable loss of wetland or watercourse
resources which would be caused by the proposed regulated activity,
including the extent to which such activity would foreclose a future
ability to protect, enhance or restore such resources, and any mitigation
measures which may be considered as a condition of issuing a permit
for such activity including, but not limited to, measures to 1) prevent
or minimize pollution or other environmental damage, 2) maintain or
enhance existing environmental quality, or 3) in the following order
of priority: restore, enhance and create productive wetland or watercourse
resources;
E.
The character and degree of injury to, or interference
with, safety, health or the reasonable use of property which is caused
or threatened by the proposed regulated activity; and
F.
Impacts of the proposed regulated activity on wetlands
or watercourses outside the area for which the activity is proposed
and future activities associated with or reasonably related to, the
proposed regulated activity which are made inevitable by the proposed
regulated activity and which may have an impact on wetlands or watercourses.
In the case of an application where the applicant has provided written notice pursuant to § 460-710C of these regulations, the holder of the restriction may provide proof to the Inland Wetlands and Watercourses Agency that granting of the permit application will violate the terms of the restriction. Upon a finding that the requested land use violates the terms of such restriction, the Agency shall not grant the permit approval.
In the case of an application which received a public hearing pursuant to a finding by the Agency that the proposed activity may have a significant impact on wetlands or watercourses, a permit shall not be issued unless the Agency finds on the basis of the record that a feasible and prudent alternative does not exist. In making this finding, the Agency shall consider the facts and circumstances set forth in S§ 460-1002 of this section. The finding and the reasons therefore shall be stated on the record in writing.
In the case of an application which is denied on the basis of
a finding that there may be feasible and prudent alternatives to the
proposed regulated activity which have less adverse impact on wetlands
or watercourses, the Agency shall propose on the record in writing
the types of alternatives which the applicant may investigate provided
this section shall not be construed to shift the burden from the applicant
to prove that he is entitled to the permit or to present alternatives
to the proposed regulated activity.
The Agency shall not deny or condition an application for a
regulated activity in an area outside wetlands or watercourses on
the basis of an impact or effect on aquatic, plant or animal life
unless such activity will likely impact or affect the physical characteristics
of such wetlands or watercourses.
In reaching its decision on any application after a public hearing,
the Agency shall base its decision on the record of that hearing.
Documentary evidence or other material not in the hearing record shall
not be considered by the Agency in its decision. A conclusion that
a feasible and prudent alternative does not exist does not create
a presumption that a permit should be issued. The applicant has the
burden of demonstrating that his application is consistent with the
purposes and policies of these regulations and (§§ 22a-36
to 22a-45a, inclusive, of the Connecticut General Statutes) the Act.
In the case of an application where the applicant fails to comply with the provisions of § 460-710C or D of these regulations, the party holding the conservation or preservation restriction may, not later than 15 days after receipt of actual notice of permit approval, file an appeal with the Agency, subject to the rules and regulations of the Agency relating to appeals. The Agency shall reverse the permit approval upon a finding that the requested land use violates the terms of such restriction.
