An application filed with an inland wetlands agency which is in conformance with the applicable inland wetlands regulations as of the date of the receipt of such application shall not be required thereafter to comply with any change in inland wetlands regulations, including changes to setbacks and buffers, taking effect on or after the date of such receipt and any appeal from the decision of such agency with respect to such application shall not be dismissed by the Superior Court on the grounds that such a change has taken effect on or after the date of such receipt. The provisions of this section shall not be construed to apply (1) to the establishment, amendment or change of boundaries of inland wetlands or watercourses or (2) to any change in regulations necessary to make such regulations consistent with the provisions of this chapter as of the date of such receipt.
(P.A. 89-311, S. 3; 89-356, S. 17; P.A. 96-157, S. 5; 96-269, S. 3, 4.)
History: P.A. 89-356 provided that such application shall not be required to comply with subsequent “changes to setbacks and buffers”, deleted provision that such application shall not be required to comply with any subsequent change in inland wetlands “boundaries”, and added provision that the section shall not be construed to apply to the establishment, amendment or change of boundaries of inland wetlands or watercourses or any change in regulations necessary to make such regulations consistent with the provisions of chapter 440 as of the date of such decision; P.A. 96-157 changed the date for determining an application's compliance with the law from the date of the decision of the agency to the date the agency receives the application; 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. 217 C. 164; 218 C. 703; 219 C. 404; 220 C. 362; Id., 476; Id., 527; 226 C. 579; 228 C. 95; 229 C. 247; Id., 627; Id., 654; 242 C. 355.
Cited. 25 CA 51; Id., 199; 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. 622; 32 CA 799; 34 CA 385; 36 CA 270; 37 CA 166.
Cited. 42 CS 57.
Notes of Decisions
Caron v. Inland Wetlands & Watercourses Comm'n, 592 A.2d 964 (Conn. App. Ct. 1991).
· cites it 4× “General Statutes § 22a-42e provides that applications filed with the inland wetlands agency need not comply with any subsequent changes to the regulations.”
Mario v. Town of Fairfield, 585 A.2d 87 (Conn. 1991).
· cites it 2× “Despite the lack of a specific finding that the erection of a structure on a parcel of land containing wetlands might adversely affect the wetlands, we must assume, in the absence of any evidence to the contrary, *171 that the commission considered the potential environmental…”
Levine v. Plan & Zoning Comm'n, 594 A.2d 9 (Conn. App. Ct. 1991).
· cites it 2× “2d 508 (1985), which held that the provisions of a zoning regulation at the time of the decision of a court, rather than at the time of the action of the administrative agency, governs the outcome of an appeal, was effectively overruled by General Statutes §§ 22a-42e and 8-2h.…”
Prestige Builders, LLC v. Inland Wetlands Comm'n, 831 A.2d 290 (Conn. App. Ct. 2003).
· cites it 2× “8 The plaintiff was not required to comply with that amendment because it was adopted after the application was filed; General Statutes § 22a-42e; and after the application had been denied.”
Paupack Dev. Corp. v. Conservation Comm'n, 640 A.2d 70 (Conn. 1994).
· cites it 3× “General Statutes § 22a-42e provides: “application filed prior to CHANGE IN INLAND WETLANDS REGULATIONS NOT REQUIRED TO COMPLY WITH CHANGE.”
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