Conn. Gen. Stat. § 22a-42: Municipal regulation of wetlands and watercourses. Action by commissioner. Training.
Where this section sits in the code
- TITLE 22a. ENVIRONMENTAL PROTECTION
- CHAPTER 440. WETLANDS AND WATERCOURSES
(a) To carry out and effectuate the purposes and policies of sections 22a-36 to 22a-45a, inclusive, it is hereby declared to be the public policy of the state to require municipal regulation of activities affecting the wetlands and watercourses within the territorial limits of the various municipalities or districts.
(b) Any municipality may acquire wetlands and watercourses within its territorial limits by gift or purchase, in fee or lesser interest including, but not limited to, lease, easement or covenant, subject to such reservations and exceptions as it deems advisable.
(c) On or before July 1, 1988, each municipality shall establish an inland wetlands agency or authorize an existing board or commission to carry out the provisions of sections 22a-36 to 22a-45, inclusive. Each municipality, acting through its legislative body, may authorize any board or commission, as may be by law authorized to act, or may establish a new board or commission to promulgate such regulations, in conformity with the regulations adopted by the commissioner pursuant to section 22a-39, as are necessary to protect the wetlands and watercourses within its territorial limits. The ordinance establishing the new board or commission shall determine the number of members and alternate members, the length of their terms, the method of selection and removal and the manner for filling vacancies in the new board or commission. No member or alternate member of such board or commission shall participate in the hearing or decision of such board or commission of which he is a member upon any matter in which he is directly or indirectly interested in a personal or financial sense. In the event of such disqualification, such fact shall be entered on the records of such board or commission and replacement shall be made from alternate members of an alternate to act as a member of such commission in the hearing and determination of the particular matter or matters in which the disqualification arose. For the purposes of this section, the board or commission authorized by the municipality or district, as the case may be, shall serve as the sole agent for the licensing of regulated activities.
(d) (1) On and after January 1, 2026, each member of and person employed by a municipality as staff to an inland wetlands agency shall complete the comprehensive training program developed by the commissioner pursuant to section 22a-39.
(2) Any such member or staff person serving on or employed by any such agency as of January 1, 2026, shall complete such training program (A) by January 1, 2027, and (B) once every four years thereafter, except that any such member may complete such subsequent training program once every term for which such member is elected or appointed, if such term is longer than four years.
(3) Any such member or staff person not serving on or employed by any such agency as of January 1, 2026, shall complete such training program (A) not later than one year after such member's election or appointment or such staff person's hiring, and (B) once every four years thereafter, except that any such member may complete such subsequent training program once every term for which such member is elected or appointed, if such term is longer than four years.
(4) The commissioner shall make such training program available on the Internet web site of the Department of Energy and Environmental Protection to members of and persons employed by municipalities to staff inland wetlands agencies. The commissioner shall develop such training program in consultation with interested persons affected by the regulation of inland wetlands. In addition to developing such training program, the commissioner, in consultation with such interested persons, shall prepare materials that provide guidance to municipalities in carrying out the provisions of subsection (f) of section 22a-42a.
(5) Not later than March 1, 2027, and annually thereafter, each inland wetlands agency shall submit a statement to the legislative body or board of selectmen of the municipality in which such agency sits, affirming compliance with the training requirement established pursuant to this section by each member and staff person who was required to complete such training in the calendar year ending the preceding December thirty-first.
(6) The failure of any member or staff person to complete such training shall not affect the validity of any action of an inlands wetlands agency.
(e) Any municipality, pursuant to ordinance, may act through the board or commission authorized in subsection (c) of this section to join with any other municipalities in the formation of a district for the regulation of activities affecting the wetlands and watercourses within such district. Any city or borough may delegate its authority to regulate inland wetlands under this section to the town in which it is located.
(f) Municipal or district ordinances or regulations may embody any regulations promulgated hereunder, in whole or in part, or may consist of other ordinances or regulations in conformity with regulations promulgated hereunder. Any ordinances or regulations shall be for the purpose of effectuating the purposes of sections 22a-36 to 22a-45, inclusive, and, a municipality or district, in acting upon ordinances and regulations shall incorporate the factors set forth in section 22a-41.
(g) Nothing contained in this section shall be construed to limit the existing authority of a municipality or any boards or commissions of the municipality, provided the commissioner shall retain authority to act on any application filed with said commissioner prior to the establishment or designation of an inland wetlands agency by a municipality.
Collected 2026-09-06T19:07:24Z. Source file · JSON