The Commission shall regulate any operation within or use of a wetland or watercourse involving removal or deposition of material, or any obstruction, construction, alteration or pollution of such wetlands or watercourses and any other regulated activity, unless such operation or use is permitted or nonregulated pursuant to Article III of these regulations. In addition, the Commission shall regulate any earth moving, filling, construction, or clear-cutting of trees within a regulated area around any wetland or watercourse.
Regulated activities adjacent to a wetland or watercourse are
likely to affect those wetlands or watercourses. The Commission will
therefore regulate these activities in a regulated area extending
150 feet from the delineated edge of a wetland or watercourse for
commercial activities or 75 feet from the delineated edge of a wetland
or watercourse for all other activities.
The map of regulated wetlands entitled "Inland Wetlands Map of Griswold, Connecticut" shall be considered a part of this chapter, and copies of said map shall be available for inspection in the office of the Town Clerk. The map may be revised from time to time in accordance with provisions of Article IX of this chapter. This map is to be utilized for general reference purposes only. In all instances, the actual characteristics of the soils of a given site, as determined by a soil scientist, shall determine whether land in question is a wetland; or, in the case of a watercourse, the actual conditions as determined by a soil scientist, professional biologist, and/or professional ecologist.
Commission members, their agents and designees shall have the
right of free access to any part of the property under consideration
for the granting of a permit under this chapter. The property owner
may require that such persons have a letter of authorization from
the Chairperson or Secretary of the Commission prior to permitting
such access. Except in an emergency, entry onto private property shall
be made at reasonable hours and after reasonable notice to the owners,
their agents, or by judicial authority.
The Commission shall maintain general surveillance of the regulated
areas within the Town of Griswold to ensure that no unauthorized regulated
activities occur.
If an applicant disputes the designation of any part of his
land as a regulated area, the applicant may be required to produce
such information as the Commission deems necessary to permit an informed
decision, but in no case shall the Commission impose an unreasonable
burden of proof. To meet such burden of proof, an applicant may be
required to present documentation by a soil scientist for a wetland,
or a professional biologist, and/or a professional ecologist for a
watercourse, that the land in question should not be designated as
a regulated area.
No member or alternate member of the Commission shall participate
in the hearing or decision of any matter in which he/she is directly
or indirectly involved in a personal or financial sense. In the event
of such disqualification, such fact shall be entered into the records
of the Commission and a legally appointed alternate member shall be
appointed for the duration of action on the matter that required disqualification
of the original member.
