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Adding Some 'Muscle' To Inland Wetland Rules


SHARON — Historically, enforcement of decisions by the Inland Wetlands and Watercourses Commission has not been a problem. About the most muscle the commission has ever had to flex is a certified letter to a violator, requesting that he or she cease the activity.

And until recently that was all that was necessary.

"Most people are anxious to comply," said commission Chairman Ed Kirby. "In my 34 years on the commission, there have been people who have defied, but a lot of violations are just plain mistakes, and once we’ve found them in violation people have usually been very cooperative."

Since the commission was established, and wetlands regulations written, "contractors have become much more knowledgeable," he added.

And since the Planning and Zoning Commission won’t do anything with an application until Inland Wetlands signs off, it makes economic sense for builders to know the regulations.

A letter or other notification is about all the available enforcement muscle, in fact, unless the commission wishes to set legal action in motion — which, because of the expense, the commissioners are usually reluctant to do.

Two recent applications currently before Inland Wetlands (the Paley/Savage application on Old Sharon Road #2, and the application for 172A Mudge Pond Road by Michael Rost) were recently found by the commission to be in violation.

In the first instance, an application was filed, but when the commission turned up for a site inspection, the work had already been done, according to Kirby. Owner Andy Savage said it was an error on his part.

"We put in a culvert where there is an intermittent watercourse," he explained. "I thought it was all right.We will do everything necessary to rectify the situation."

Savage also said he would get in touch with his neighbor, Dr. Michael Kashgarian, who complained to the commission about runoff from the culvert onto his adjoining property. The neighbors will try to work out a solution.

In the second case, Kirby said the work (a driveway with two stone pillars at the beginning) was done without any application at all.

"It brings up an interesting problem," said Kirby. "What does the town do when there is no real enforcement mechanism?"

Efforts to reach Michael Rost for this article were unsuccessful. At the last commission meeting, on Dec. 4, Rost was on hand as the commission accepted a petition opposing his building project. A public hearing is scheduled for Monday, Jan. 8, at 7 p.m.Fines Can Be Levied

According to state Sen. Andrew Roraback (R-30), there is an available mechanism — if the town votes to adopt it at a town meeting. There are two, in fact.

The first statute calls for a more informal process (similar to a parking ticket), and the fine is limited to a total of $1,000.

The second involves going to court, and the fine could be $1,000 a day (or $2,000 a day for a "knowing" violation).

The towns of New Canaan and Windsor have adopted town ordinances establishing inland wetlands regulations enforcement in the form of inland wetlands agents.

In New Canaan, the agent is authorized to issue a citation on the spot. Kathleen Holland, director of Inland Wetlands and Watercourses (a salaried position) there, said her office has issued about 15 citations in six years.

"All fines have been paid by the deadline and we only had one appeal that was paid later anyway. The fines by law range from $500 for work in a wetland setback and $1,000 for work in wetlands, and sometimes both apply. They also can be issued daily if work continues."

In Windsor, citations are issued as a "tool of last resort," when violators have failed to respond to oral and written requests to comply with regulations, according to town planner Eric Barz. The idea is to get the violator’s attention before involving the town’s attorney and subsequent expense.

In Washington, the ordinance includes a fine schedule, based on the number of citations in the preceding 10 years: $120 for no citations, $250 for one, $500 for two, and $1,000 for three or more.

The statute states that the purpose of the fines is "to encourage compliance with Washington Inland Wetlands and Watercourses regulations and to discourage violators from engaging in additional violations by increasing penalties for such additional violations."

All the towns mentioned have also set up an appeals process.Keeping a Watchful Eye

Violations aren’t necessarily going to be obvious. Dan McGuinness, executive director of the Northwest Connecticut Council of Governments and a land-use planner, said, "My guess is that most violations that occur happen out of sight — a little filling here, a few dumptruck loads of dirt there. In rural areas, it is not something that a wetlands officer is likely to notice unless a neighbor complains, or it is very plainly visible from a road."

And a town like Sharon, with very limited enforcement powers at the moment, could be exploited by an unscrupulous developer who might simply factor possible legal fees into the cost of the project.

"Sadly, this is one approach taken by a very few contractors," said Roraback. "But there is no reason why a town cannot adopt these enforcement regulations."

Except that to do so would go against tradition, and acknowledge an unpleasant reality of modern life.

"I’m interested in enforcement," Kirby said. "But we don’t want to be in the police business."

 

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