Town of New Canaan, Connecticut
Town of New Canaan, Connecticut
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Wetlands Agency
What We Do Additional Info:

The preservation and protection of the wetlands and watercourses from random, unnecessary and unregulated uses, disturbance or destruction which is in the public interest and is essential to the health, welfare and safety of the citizens of the Town.

 

 
Contact Us

Main Telephone: 203-594-3061
Main Fax: 203-594-3062 

Monday - Friday    7:30am - 4:30pm

Kathleen Holland Director of Inland Wetlands and Watercourses
Kathleen.Holland@ci.new-canaan.ct.us
David Pattee

Assistant Inland Wetlands Inspector
David.Pattee@ci.new-canaan.ct.us

Pam Pooley

Administrative Assistant
Pam.Pooley@ci.new-canaan.ct.us

 

   
Location

Irwin Park, Click here for a map.
848 Weed Street
New Canaan, CT 06840

 

Environmental Commission - Application Filing Instructions

Pursuant to Chapter 16 of the Town Code and the Inland Wetlands and Watercourses Rules and Regulations of the Town of New Canaan, activities in regulated areas affecting inland wetlands and watercourses may be permitted subject to the issuance of a license by the Environmental Commission. These instructions are to assist applicants in preparing and filing an application for a license.

A complete copy of the Inland Wetland and Watercourses Regulations is available for public inspection in the Commission's office in the Town Hall and may be purchased for $10.00.

You may also obtain a copy from this Web site at: Regulations

You may obtain an Application form from this Web site at: Wetlands Application and Filing Instructions

1.Read the Regulations.

2.Call to schedule a pre-application review appointment with the staff to discuss your proposed activity.  Bring available maps, site plans, and other property informatin, in order to discuss the proposal.  At this appointment a Checklist of those requirements for your specific project will be given to you.

3.Prepare your application, providing all of the information that is required by the regulations, on the Application Form and those items noted on the Checklist.     

4.In order for an application to be received by the Commission, all material must be submitted the Wednesday before the scheduled meeting of the Commission.
2008 Schedule of Meetings.

5.Submit the original (with the completed Checklist) and fourteen (14) copies of the application form, complete with plans and all supporting documents, to the Commission's office, bundled into individual packages. All maps must be folded. (Only one copy is needed of the notification letters and certified mail receipts). Include your check, payable to the "Town of New Canaan" for the filing fee. To determine the fee, see the Fee Schedule. A receipt will be given to you, and an application number will be assigned.

Legal Requirement Reminders:
Notification of Adjacent Property Owners:

Adjacent property owners and those within 100 feet of the subject property must be notified via Certified Mail (see Section 8.3 (8) of the Inland Wetlands and Watercourses Regulations). A copy of the "Notice to Adjacent Property Owners Regarding Regulations and Policies for Applications, Public Hearings and Rights to Access Applicant's Properties" must be included with the letter of notification to adjacent property owners.

If the proposed regulated activity is located within 500 feet of a town boundary of another municipality, the applicant must provide written notice to the Inland Wetlands Agency of the other municipality, in accordance with Section 9.5 of the Regulations.

If any portion of the proposed regulated activity is located within the watershed of a public water supply company, the applicant shall give written notice, in accordance with Section 9.6 of the Regulations.

Kathleen Holland, Environmental Agent, Director 

David Pattee, Assistant Inland Wetland Inspector
 



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Hearing Ordinance

1.0 Purpose and Authority:
In accordance with Section 7-152c of the Connecticut General Statutes, as the same may be amended from time to time, there is hereby established a citation hearing procedure for use in contesting citations issued in accordance with Town Ordinances where such hearing procedures apply.

2.0 The First Selectman shall appoint one or more citation hearing officers, other than police officers or employees or persons who issue citations, to conduct the hearings authorized by this Ordinance.

3.0 If any person who is sent notice pursuant to a Town Ordinance wishes to admit liability for any alleged violation, he/she may, without requesting a hearing, pay the full amount of the fine admitted to, in person or by mail to the Town of New Canaan. Checks should be made payable to the Treasurer of the Town of New Canaan.

4.0 Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making the payment.

5.0 Any person who does not deliver or mail written demand for a hearing within thirty (30) days of the notice provided for in the subject Town Ordinance shall be deemed to have admitted liability, and the person issuing the citation shall certify such person's failure to respond to the hearing officer. The hearing officer shall thereupon enter and assess the fine provided for by the subject Ordinance, and shall follow the procedures set forth in Section 14.0 of this Ordinance.

6.0 Any person who requests a hearing shall be given written notice by certified mail of the date, time and place for the hearing. Such hearing shall be held not less than fifteen (15) days nor more than thirty (30) days from the date of the mailing of notice, provided the hearing officer shall grant postponement or continuance for any reasonable request by any interested party for good cause shown.

7.0 An original or certified copy of the initial citation issued by the issuing official shall be filed and retained by the Town of New Canaan and shall be deemed to be a business record within the scope of Section 52-180 of the Connecticut General Statutes and evidence of the facts contained herein.

8.0 The presence of the issuing official shall be required at the hearing. A person wishing to contest his/her liability shall appear at the hearing and may present evidence in his/her behalf.

9.0 A designated municipal official, other than the hearing officer, may present evidence on behalf of the municipality.

10.0 If the person that demanded a hearing fails to appear, the hearing officer may enter an assessment by default against him/her upon finding of proper notice and liability under this Ordinance.

11.0 The hearing officer may accept from such person copies of investigatory and citation reports and other official documents by mail and may determine thereby that the appearance of such person is not necessary.

12.0 The hearing officer shall conduct the hearing in the order and form and with such methods of proof, as he/she deems fair and appropriate. The rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation.

13.0 The hearing officer shall announce his/her decision at the end of the hearing. If the hearing officer determines that the person is not liable, he/she shall dismiss the matter and enter his/her determination in writing accordingly. If the hearing officer determines that the person is liable for violation, the hearing officer shall forthwith enter and assess the fines, penalties, costs or fees against such person as provided by this Ordinance.

14.0 If such assessment is not paid on the date of entry, the hearing officer shall send by first class mail a notice of assessment to the person found liable and shall file, not less than thirty (30) days nor more than twelve (12) months after such mailing, a certified copy of notice of assessment with the clerk of the Superior Court facility designated by The Chief Court Administrator, together with the statutory entry fee. Within such twelve-month period, assessments against the same person may be accrued and filed as on record of assessment. Notwithstanding any other provisions of the Connecticut General Statutes, the hearing officer's assessment, when so entered as a judgement, shall have the effect of a civil money judgement and a levy of execution on such judgement may be issued without further notice to such person.

15.0 Appeals: A person against whom an assessment has been entered pursuant to this Ordinance is entitled to judicial review by way of appeal. An appeal shall be instituted within thirty (30) days of the mailing of notice of such assessment by filing a petition to reopen assessment, together with an entry fee in an amount equal to the entry fee for a small claims case pursuant to Section 52-259, in the Superior Court, which shall entitle such person to a hearing in accordance with the rules of the judges of the Superior Court.

16.0 Effective Date: The ordinance was adopted by the New Canaan Town Council on December 13, 2000, to be effective on April 1, 2001.

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Related Sites

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Frequently Asked Questions

Do you have your regulations available for the public?
The Inland Wetlands and Watercourses Regulations are available on this Web site at Regulations and can also be purchased for $10.00 from the department.

Are there maps available at Town Hall to check for wetlands on my property?
Yes, this department has aerial wetland maps available for review purposes only.

How do I determine with more accuracy the amount of wetlands on my property?
You will have to hire a Certified Soil Scientist to test your property.

Where can I hire a soil scientist?
A list of Certified Soil Scientists is available either from this department or on this Web site at: Soil Scientists List

Am I permitted to do work within wetlands on my property without obtaining approval from the Town?
Certain minimal activities are allowed, however it is strongly suggested that prior to any activity you check with the Environmental Agent.

What are the wetland setback distances?
Depending on the specific site, different distances may apply. Please call the department for more specific information.

If I suspect that my neighbor may be doing work too close to wetlands or within wetlands, what should I do?
Call the department and the Agent will follow-up with an inspection.

When is the deadline for submitting a wetland application? 
If your application is scheduled to go before the Commission, the deadline date is on or before the Wednesday of the next regularly scheduled meeting.  Your application will then be placed on the Agenda to be received at this meeting and then, if deemed complete by the Commission, heard at the following meeting.  Application presenters must be present for the second meeting but not the first.  Those applications that will be handled administratively by the staff do not have a deadline date.   

Where would I find the results of an Environmental Commission meeting?
The results will appear in print in the New Canaan Advertiser on the following Thursday.

I received notice from my neighbor regarding work within the wetlands that they are planning to do.   Am I am permitted to look at their application?
Yes, just call the office at 203-594-3061 and make an appointment to view the folder. The Agent will then follow-up with you regarding any questions or concerns you may have.

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