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Connecticut Public Acts 1996

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Senate Bill No. 569

PUBLIC ACT NO. 96-269

AN ACT CONCERNING ENFORCEMENT OF INLAND WETLANDS REGULATIONS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (a) Any municipality may establish, by ordinance, a fine for violations of regulations adopted pursuant to section 22a-42 of the general statutes provided the amount of any such fine shall be not more than one thousand dollars and further provided no such fine may be levied against the state or any employee of the state acting within the scope of his employment. (b) Any police officer or other person

authorized by the chief executive officer of the municipality may issue a citation to any person who commits such a violation. Any municipality which adopts an ordinance pursuant to subsection (a) of this section shall also adopt a citation hearing procedure pursuant to section 7-152c of the general statutes by which procedure such fine shall be imposed.

(c) Any fine collected by a municipality pursuant to this section shall be deposited into the General Fund of the municipality or in any special fund designated by the municipality.

Sec. 2. Subsection (a) of section 22a-44 of the general statutes, as amended by section 2 of public act 95-151, is repealed and the following is substituted in lieu thereof:

(a) If the inland wetlands agency or its duly authorized agent finds that any person is conducting or maintaining any activity, facility or condition which is in violation of sections 22a-36 to 22a-45, inclusive, or of the regulations of the inland wetlands agency, the agency or its duly authorized agent may issue a written order by certified mail, to such person conducting such activity or maintaining such facility or condition to cease immediately such activity or to correct such facility or condition. Within ten days of the issuance of such order the agency shall hold a hearing to provide the person an opportunity to be heard and show cause why the order should not remain in effect. The agency shall consider the facts presented at the hearing and within ten days of the completion of the hearing notify the person by certified mail that the original order remains in effect, that a revised order is in effect, or that the order has been withdrawn. The original order shall be effective upon issuance and shall remain in effect until the agency affirms, revises or withdraws the order. The issuance of an order pursuant to this section shall not delay or bar an action pursuant to subsection (b) of this section. The agency may file a certificate of such order in the office of the town clerk of the town in which the land is located and the town clerk shall record such certificate on the land records of such town. Such certificate shall be released upon compliance with such order. The commissioner may issue orders pursuant to sections 22a-6 to 22a-7, inclusive, concerning an activity, facility or condition (1) which is in violation of said sections 22a-36 to 22a-45, inclusive, if the municipality in which such activity, facility or condition is located has failed to enforce its inland wetlands regulations OR (2) FOR WHICH AN APPROVAL IS REQUIRED UNDER SECTIONS 22a-36 TO 22a-45, INCLUSIVE, AND FOR WHICH SUCH APPROVAL HAS NOT BEEN OBTAINED.

Sec. 3. Public act 96-157 shall take effect January 1, 1997.

Sec. 4. This act shall take effect from its passage, except that sections 1 and 2 shall take effect October 1, 1996.

Approved June 12, 1996. Effective as provided in section 4.

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