A landowner comes to you and explains that it intends to undertake some activity in an inland wetland or watercourse or in an upland review area. The landowner believes that the proposed activity constitutes an exemption to the regulatory authority of the municipal inland wetlands agency because, according to Connecticut General Statutes §22a-40(a), such activity can be conducted “as of right.” You review §22a-40(a) and the proposed activity appears to fall within one or more of the exemptions set out therein and the statute states that the activity can be conducted “as of right.” “As of right” means that the landowner can go ahead and unilaterally proceed with the proposed activity, right? Not exactly.

Pursuant to General Statutes Section 22a-42(c), each municipality is required to establish an inland wetlands agency. General Statutes §22a-42a(c)(1) provides that, on or after the date that municipal inland wetlands regulations become effective, “no regulated activity shall be conducted upon any inland wetland or watercourse without a permit.” According to General Statutes §22a-38(13) a “regulated activity” is “any operation within or use of a wetland or watercourse involving removal or deposition of material, or any obstruction, construction, alteration or pollution, of such wetlands or watercourses.”

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