A.
The Commission shall not hold a public hearing on
an application unless:
(1)
The Commission determines that the proposed activity
may have a significant impact on wetlands or watercourses;
(2)
A petition signed by at least 25 persons who are 18
years of age or older and who reside in the Town requesting a hearing
is filed with the Commission not later than 14 days after the receipt
of such application; or
(3)
The Commission finds that a public hearing regarding
such application would be in the public interest.
B.
The Commission may issue a permit without a public
hearing, provided that no petition provided for in this section is
filed with the Commission on or before the 14th day after the date
of receipt of the application. Such hearing shall be held no later
than 65 days after the receipt of such application. All applications
and maps and documents relating thereto shall be open for public inspection.
Any person may appear and be heard at any public hearing.
Notice of the public hearing shall be published
at least twice at intervals of not less than two days, the first not
more than 15 days and not fewer than 10 days and the last not less
than two days before the date set for the hearing in a newspaper having
a general circulation in each town where the affected wetland and
watercourse is located.
Notice of the public hearing shall be mailed by the applicant, with the information to be published in the notice referred to in § 470-39 of these regulations, by certified mail, return receipt requested, to the owner(s) of record of abutting land no less than 15 days prior to the day of the hearing.
In the case of any application which is subject to the notification provisions of § 470-32 of these regulations, a public hearing shall not be conducted until the clerk of the adjoining municipality(ies) has received notice of the pendency of the application. Proof of such notification shall be entered into the hearing record.
