10.1 The Agency may consider the following in making its decision on an application:
a. The application and its supporting documentation.
b. Reports from other agencies and commissions including but not limited to the Town of East Hampton;
1. Conservation Commission
2. Planning, Zoning, or Planning and Zoning Commissions
3. Building Official
4. Health Officer
c. The Agency may also consider comments on any application from the Middlesex County Soil and Water Conservation District, the Midstate Regional Planning Agency or other regional organizations (i.e. Council of Elected Officials); agencies in adjacent municipalities which may be affected by the proposed activity, or other technical agencies or organizations which may undertake additional studies or investigations.
d. Non-receipt of comments from agencies and commissions listed in Sections 10.1.c and d above within the prescribed time shall neither delay nor prejudice the decision of the Agency.
e. For an application for which a public hearing is held, public comments, evidence and testimony.
10.2 Criteria for Decision. In carrying out the purposes and policies of sections 22a-36 to 22a-45, inclusive, of the Connecticut General Statues, including matters relating to regulating, licensing and enforcing of the provisions thereof, the Agency shall take into consideration all relevant facts and circumstances, including but not limited to:
a. The environmental impact of the proposed regulated activity on wetlands or watercourses;
b. The applicant’s purpose for, and any feasible and prudent alternatives to, the proposed regulated activity which alternatives would cause less or no environmental impact to wetlands or watercourses;
c. The relationship between the short-term and long-term impacts of the proposed regulated activity on wetlands or watercourses and the maintenance and enhancement of long-term productivity of such wetlands or watercourses;
d. Irreversible and irretrievable loss of wetland or watercourse resources which would be caused by the proposed regulated activity, including the extent to which such activity would foreclose a future ability to protect, enhance or restore such resources, and any mitigation measures which may be considered as a condition of issuing a permit for such activity including, but not limited to, measures to:
(1) Prevent or minimize pollution or other environmental damage;
(2) Maintain or enhance existing environmental quality, or
(3) In the following order of priority: Restore, Enhance and Create productive wetland or watercourse resources.
e. The character and degree of injury to, or interference with, safety health, or the reasonable use of property which is caused or threatened by the proposed regulated activity, and;
f. Impacts of the proposed regulated activity on wetlands or watercourses outside the area for which the activity is proposed and future activities associated with or reasonably related to, the proposed regulated activity which are made inevitable by the proposed regulated activity and which may have an impact on wetlands or watercourses.
10.3 In the case of an application which received a public hearing finding by the Inland Wetlands Agency that the proposed activity may have a significant impact on wetlands or watercourses, a permit shall not be issued unless the Agency finds on the basis of the record that a feasible and prudent alternative does not exist. In making this finding, the Agency shall consider the facts and circumstances set forth in Section 10.2 of these Regulations. This finding and the reasons therefor shall be stated in the record in writing.
10.4 In the case of an application which is denied on the basis of a finding that there may be feasible and prudent alternatives to the proposed regulated activity which have less adverse impact on wetlands or watercourses, the Agency shall propose on the record in writing the types of alternatives which the applicant may investigate provided this section shall not be construed to shift the burden from the applicant to prove that he is entitled to the permit or to present alternatives to the proposed regulated activity.
10.5 For purposes of this section, (1) “wetlands or watercourses” includes aquatic, plant or animal life and habitats in wetlands or watercourses, and (2) “habitats” means areas or environments in which an organism or biological population normally lives.
10.6 A municipal Inland Wetlands Agency shall not deny or condition an application for regulated activity in an area outside wetlands or watercourses on the basis of an impact or effect on aquatic, plant or animal life unless such activity will likely impact or affect the physical characteristics of such wetlands or watercourses.
10.7 In reaching its decision on any application after a public hearing, the Agency shall base its decision on the record of that hearing. Documentary evidence or other material not in the hearing record shall not be considered by the Agency in its decision. A conclusion that a feasible and prudent alternative does not exist does not create a presumption that a permit should be issued. The applicant has the burden of demonstrating that his application is consistent with the purposes and policies of these regulations and sections 22a-36 to 22a-45, inclusive, of the Connecticut General Statutes.
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