Conn. Gen. Stat. » Title 22a — ENVIRONMENTAL PROTECTION · Chapter 440 — Wetlands and Watercourses
Connecticut General Statutes

Conn. Gen. Stat. § 22a-42 (2026)

Municipal regulation of wetlands and watercourses. Action by commissioner

✓ current as of May 2026
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(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) At least one member of the inland wetlands agency or staff of the agency shall be a person who has completed the comprehensive training program developed by the commissioner pursuant to section 22a-39. Failure to have a member of the agency or staff with training shall not affect the validity of any action of the agency. The commissioner shall annually make such program available to one person from each town without cost to that person or the town. Each inland wetlands agency shall hold a meeting at least once annually at which information is presented to the members of the agency which summarizes the provisions of the training program. The commissioner shall develop such information in consultation with interested persons affected by the regulation of inland wetlands and shall provide for distribution of video presentations and related written materials which convey such information to inland wetlands agencies. In addition to such materials, the commissioner, in consultation with such persons, shall prepare materials which provide guidance to municipalities in carrying out the provisions of subsection (f) of section 22a-42a.

(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.

(1972, P.A. 155, S. 7; P.A. 73-571, S. 3, 9; P.A. 74-133; P.A. 87-533, S. 5, 14; P.A. 96-157, S. 3; 96-269, S. 3, 4.)

History: P.A. 73-571 clarified provisions, included districts as well as municipalities under provisions, specified that ordinance establishing board or commission should determine number of members, length of terms, etc. in Subsec. (c) and added Subsec. (f)(2) re commissioner's power to protect wetlands and watercourses if municipality does not exercise its regulatory authority; P.A. 74-133 added provisions re disqualification of members from participation in hearing or decision in which they are directly or indirectly personally or financially involved and selection of alternate in such cases under Subsec. (c); P.A. 87-533 amended Subsec. (a) to require rather than encourage municipal regulation of inland wetlands, amended Subsec. (c) to require all municipalities to establish inland wetlands agencies on or before July 1, 1988, amended Subsec. (d) to authorize towns or boroughs to delegate authority to regulate inland wetlands to the towns in which they are located, deleted former Subsec. (f) re state regulation of inland wetlands, relettering former Subsec. (g) as (f) and adding proviso re commissioner's authority to act on applications filed prior to designation of municipal agency; P.A. 96-157 inserted new Subsec. (d) re training of agency or staff and relettered former subsequent Subsecs. and amended Subsec. (f) to require incorporation of the factors for consideration set forth in Sec. 22a-41 in the agency's regulations or ordinances; P.A. 96-269 changed effective date of P.A. 96-157 from October 1, 1996, to January 1, 1997, effective June 12, 1996.

Cited. 179 C. 250; 180 C. 421; Id., 692; 183 C. 532; 186 C. 67; 192 C. 247; 193 C. 414; 196 C. 218; 203 C. 525; 209 C. 544; Id., 652; 211 C. 416; 212 C. 710; Id., 727; 213 C. 604; 216 C. 320; 217 C. 164; 218 C. 703; 219 C. 404; 220 C. 362; Id., 476; 222 C. 98; 226 C. 579; 228 C. 95; 229 C. 247; Id., 627; Id., 654; 231 C. 451; 242 C. 335.

Cited. 4 CA 271; 5 CA 70; 6 CA 715; 12 CA 47; 15 CA 336; 18 CA 440; 19 CA 713; 20 CA 309; 26 CA 564; 27 CA 590; 28 CA 780; 29 CA 12; Id., 105; 30 CA 85; 31 CA 105; Id., 599; judgment reversed, see 229 C. 627; Id., 643; 32 CA 799; 34 CA 385; 36 CA 270; 37 CA 166.

Cited. 35 CS 145; 36 CS 1; 41 CS 444; 42 CS 57.

Subsec. (c):

Cited. 24 CA 708. Disqualification applies to ex officio members. 50 CA 548. Defendant board of zoning appeals had subject matter jurisdiction over petition for a variance from town zoning regulations for construction in close proximity to inland wetlands. 149 CA 115.

Cited. 43 CS 373. Once a municipality has established an agency to regulate activities affecting wetlands and watercourses within its territorial limits in accordance with section, such agency is not subject to interference by municipality's legislative body; Inland Wetlands and Watercourses Act requires that agency created pursuant to the act be sole agent for licensing of regulated activities in the municipality. 49 CS 188.

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Notes of Decisions
Cited in 57 cases (1 in the last 5 years), 1978–2025 · leading case: Aaron v. Conservation Comm'n, 441 A.2d 30 (Conn. 1981).
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Aaron v. Conservation Comm'n, 441 A.2d 30 (Conn. 1981). · cites it 16× “General Statutes § 22a-42 states: “To carry out and effectuate the purposes and policies of Sections 22a-36 to 22a-45, inclusive, it is hereby declared to be the public policy of the state to encourage municipal participation by means of regulation of activities affecting the…”
Avalonbay Communities, Inc. v. Zoning Comm'n, 908 A.2d 1033 (Conn. 2006). · cites it 16× “See General Statutes § 8-1(a) (authorizing municipality to "exercise through a zoning commission the powers granted [under chapter 124 of the General Statutes]"); General Statutes § 22a-42 (c) (providing that wetlands agency "shall serve as the sole agent for the licensing of…”
Cioffoletti v. Plan. & Zoning Comm'n, 552 A.2d 796 (Conn. 1989). · cites it 12× “C The plaintiffs’ more substantial claim is that Mary Gelfman’s remarks at the January 8,1985 public hearing, made on her own and her husband’s behalf, violated the strictures of General Statutes § 22a-42 (c). This subsection, which pertains expressly to the disqualification of…”
Lizotte v. Conservation Comm'n of the Town of Somers, 579 A.2d 1044 (Conn. 1990). · cites it 19× “4 of the Somers regulations is invalid because: (1) it exceeds the scope of the relevant enabling legislation, General Statutes § 22a-42; 9 and (2) it is not *329 “necessary”; General Statutes § 22a-42 (c); 10 to effectuate the purpose of the IWWA, “because the regulated…”
Avalonbay Communities, Inc. v. Zoning Comm'n, 867 A.2d 37 (Conn. App. Ct. 2005). · cites it 14× “2d 6 (1940) (stating that zoning entities "have ordinarily no corporate existence as such but are merely agencies of the municipality"); General Statutes § 22a-42 (c) ("[E]ach municipality shall establish an inlands wetlands agency or authorize an existing board or commission to…”
Samperi v. Inland Wetlands Agency, 628 A.2d 1286 (Conn. 1993). · cites it 6× “” General Statutes § 22a-42 (c). The local inland wetlands agency was given the sole authority to license and regulate wetland activities, consistent with the factors set forth by the legislature in *592 § 22a-41.”
Mario v. Town of Fairfield, 585 A.2d 87 (Conn. 1991). · cites it 10× “In order to accomplish these objectives, it is 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.”
Conservation Comm'n v. Price, 479 A.2d 187 (Conn. 1984). · cites it 7× “We agree with the plaintiff that the facts found by the trial court permitted the injunctive relief ordered for the violation of the town’s regulations under General Statutes § 22a-42 (b). This case is to be considered differently from a common law action for injunctive relief…”
Red Hill Coalition, Inc. v. Conservation Comm'n, 563 A.2d 1339 (Conn. 1989). · cites it 6× “” General Statutes § 22a-42 (e) provides: “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.”
Branhaven Plaza, LLC v. Inland Wetlands Comm'n, 740 A.2d 847 (Conn. 1999). · cites it 8× “” General Statutes § 22a-42 (a) 11 delegates these objectives to municipalities, empowering them to effectuate the purposes of the act, and § 22a-42 (c) 12 *280 directs the municipalities to establish a commission and promulgate regulations governing the wetlands and…”
Gardiner v. Conservation Comm'n, 608 A.2d 672 (Conn. 1992). · cites it 6× “” General Statutes § 22a-42 (e). 8 Section 22a-41, 9 which by its terms applies only to the commissioner of environmental protection, requires consideration of “all relevant facts and circumstances, including .”
McManus v. Comm'r of Env't Prot., 642 A.2d 1199 (Conn. 1994). · cites it 13× “Pursuant to General Statutes § 22a-42, 3 on July 1, 1988, *658 the department transferred jurisdiction over the inland wetlands and watercourses of the town of Wallingford to the newly created Wallingford inland wetlands commission (commission).”
Show all 57 citing cases →
— Conn. Gen. Stat. § 22a-42(a) — 1 case
Goodspeed Airport v. Dep't of Envtl. Prot. (2d Cir. 2011).
— Conn. Gen. Stat. § 22a-42(c) — 5 cases
Aaron v. Conservation Comm'n, 441 A.2d 30 (Conn. 1981). “General Statutes § 22a-42 states: “To carry out and effectuate the purposes and policies of Sections 22a-36 to 22a-45, inclusive, it is hereby declared to be the public policy of the state to encourage municipal participation by means of regulation of activities affecting the…”
Watrous v. Town of Preston, 902 F. Supp. 2d 243 (D. Conn. 2012).
Avalonbay Communities, Inc. v. Zoning Comm'n, 867 A.2d 37 (Conn. App. Ct. 2005). “2d 6 (1940) (stating that zoning entities "have ordinarily no corporate existence as such but are merely agencies of the municipality"); General Statutes § 22a-42 (c) ("[E]ach municipality shall establish an inlands wetlands agency or authorize an existing board or commission to…”
Housatonic River v. Gen. Elec. Co., 462 F. Supp. 710 (D. Conn. 1978).
Mumford Cove Ass'n v. Town of Groton, 647 F. Supp. 671 (D. Conn. 1986).
— Conn. Gen. Stat. § 22a-42(e) — 1 case
Aaron v. Conservation Comm'n, 441 A.2d 30 (Conn. 1981). “General Statutes § 22a-42 states: “To carry out and effectuate the purposes and policies of Sections 22a-36 to 22a-45, inclusive, it is hereby declared to be the public policy of the state to encourage municipal participation by means of regulation of activities affecting the…”
— Conn. Gen. Stat. § 22a-42(f) — 1 case
Housatonic River v. Gen. Elec. Co., 462 F. Supp. 710 (D. Conn. 1978).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.