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Fall 2016 Volume 28 Number 4

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The Habitat A newsletter of the Connecticut Association of Conservation & Inland Wetlands Commissions, Inc. Fall 2016 volume 28 number 4 CACIWC’s 39th Annual Meeting & Environmental Conference Saturday, November 12, 2016 New Venue, New Workshops and Networking Opportunities! ACIWC will host an exciting legislative panel biology and habitat management, legal and regulatory discussion during the 2016 Annual Meeting updates & issues, climate adaptation & water Cand Environmental Conference. The panel management, and resource conservation, planning consists of key legislative leaders who will discuss and development. Individual workshops will focus expectations for the upcoming legislative session, on invasive plant and animal species, wetlands case including the ongoing efforts to enact a state consti- law and regulation, vernal pool biology, conducting tutional amendment designed to permanently protect natural resource inventories, climate resiliency state parks and forests. The panel discussion will take update, improving stormwater management, place during the luncheon session. promoting local recycling efforts, and promoting cluster housing as a conservation tool. (See pages 8-9). Our keynote speaker panel includes State Representative James M. Albis (99th House Our new conference venue will also host a revised District), State Senator Ted M. Kennedy, Jr. layout of new and informative displays in an arrange- (12th Senate District), and State Representative ment that will promote open discussions and net- Mary M. Mushinsky (85th House District). This working opportunities among our members and other distinguished panel will also discuss how our member conference attendees. commissions can plan for more ecologically resilient communities, as we prepare for short- and long-term Watch for additional conference news and information changes to Connecticut habitats that may come about on our website. Please direct any questions about the from global climate change. annual conference to: [email protected]. In response to your comments from the 2013-2015 About Our Keynote Panel meeting surveys, the CACIWC Annual Meeting State Representative James M. Albis (99th House Committee has selected a new conference facility that District) is Co-Chair, Environmental Committee. will provide renovated banquet and workshop rooms, Representative Albis also serves on the Finance, easily accessible space for displays viewing and Revenue and Bonding and the Executive and Legis- networking, and delicious food served and prepared lative Nominations Committees. by their regional award winning chef. Conference registration begins at 8:30 a.m. (See agenda, page 9). In addition to his committee work, James was ap- We look forward to having you join us at: pointed to chair the Speaker’s Task Force on Shoreline Preservation in February 2012. This task force investi- Sheraton Hartford South Hotel gated the issues of sea level rise, coastal flooding, and 100 Capital Boulevard extreme weather events, with the goal of ensuring the (Off I-91 Exit 23 West Street) safety of homeowners along the coast and in other vul- Rocky Hill, CT 06067 nerable areas. The task force released its recommenda- (860) 257-600 tions in January 2013. www.sheratonhartfordsouth.com Representative Albis played an active role in Our newly expanded annual conference will include passing bills advancing coastal issues, strengthening four workshop tracks with topics on conservation annual meeting, continued on page 12 www.caciwc.org 1 CACIWC CACIWC News Board of Directors his issue of The Habitat marks an important milestone and transition for CACIWC, as it is the first issue Officers following the resignation of Tom ODell as editor. As Alan Siniscalchi President T we welcome former Associate Editor Ann Letendre, and Peter Bassermann Vice President CACIWC Advertising and Development Coordinator Jeff Maureen Fitzgerald Secretary Mills in their new expanded roles with The Habitat, we again Charles Dimmick Treasurer thank Tom for his more than four decades of leadership with CACIWC as President, Executive Director, and Editor. Our County Representatives winter issue of The Habitat will highlight his many and Alicia Mozian Fairfield County Ann Beaudin Hartford County ongoing contributions to CACIWC and other state and local Steve Wadelton Litchfield County conservation efforts. We again thank Tom and wish him well Laura Magaraci Middlesex County in his latest retirement! Maria Kayne New Haven County Vacant New London County In This Issue Rodney Parlee Tolland County This issue also highlights other significant milestones for Vacant Windham County land and water conservation and environmental protection in Connecticut. The first are historic drought conditions being Alternate County Representatives experienced in Connecticut and throughout the region. As Vacant Fairfield County rainfall frequency decreased throughout the summer, water Vacant Hartford County levels in Connecticut streams, rivers, lakes and reservoirs Rista Malanca Litchfield County Marianne Corona Middlesex County continued to drop to alarming levels. These conditions result- Vacant New Haven County ed in an increasing number of voluntary and mandatory water Vacant New London County use restrictions being issued by towns, cities, and water util- Vacant Tolland County ities throughout Connecticut. As this issue goes to press, al- Vacant Windham County most 70% of Connecticut is now classified as being in severe drought conditions. At-Large Representative(s) Katherine Daniel In response to these conditions and the absence of adequate rainfall in the coming forecasts, the Connecticut Department Darcy Winther DEEP Liaison of Public Health (DPH), in consultation with the Connecticut Department of Energy and Environmental Protection (DEEP) The Habitat is the newsletter of the and the Public Utility Regulation Authority (PURA), deter- Connecticut Association of Conservation and mined that an emergency declaration was necessary to help Inland Wetlands Commissions (CACIWC). prevent further depletion of water supplies in Fairfield Coun- Materials from The Habitat may be reprinted ty. DPH Commissioner Dr. Raul Pino signed an order declar- with credit given. The content of The Habitat ing a temporary 30-day public water supply emergency for is solely the responsibility of CACIWC and is CACIWC news, continued on page 15 not influenced by sponsors or advertisers. Interim Editor: Alan Siniscalchi Page Associate Editor: Ann Letendre CACIWC News 2 Journey to the Legal Horizon 3 Correspondence to the editor, manuscripts, It Never Rains But It Pours 4 inquiries, etc. should be sent to Alan DEEP Reports Hydrilla 6 Siniscalchi at [email protected]. Annual Meeting Workshops & Agenda 8 Inside Shepaug Forest Block Recognized 10 www.caciwc.org Keynote Panel Speakers 16 2 The Habitat | Fall 2016 Journey to the Legal Horizon by Attorney Janet Brooks The Wetlands Exemptions Across The Municipal Landscape ith the Connecticut Supreme Court’s ruling Those readers who are members of wetlands commis- on the farming exemption in the summer sions are urged to STOP reading this article now. Pull in Indian Spring Land Company v. Inland out your municipal regulations and determine if your WWetlands and Watercourses Agency, 322 Conn. regulations are out of date. This is most easily accom- 1 (2016), the time was ripe to see what’s going on plished by looking at the cover sheet and seeing when with exemptions at the local level. Three years ago I the regulations were last amended. With regulations undertook a similar survey of municipal regulations that haven’t been amended since 2005 through early on the definition of “regulated activity.” From that 2011, I knew that I was reviewing regulations which study a clear picture emerged of 100 foot as the wouldn’t reflect the current law. What was surprising predominant size of the upland review area in 80% of is that two towns that amended their regulations after the towns I surveyed1. To date I have reviewed 20% the effective date of the statutory amendment didn’t of the exemption provisions of all municipal wetlands include this change. The most baffling was a town regulations. I will provide my findings at the first that included half of the amendment. Another easy morning workshop at the CACIWC annual meeting way to determine compliance: if there is no (g) in § on November 12, 2016. In this article you will read of 4.1 or no (c) in § 4.2, you know the regulations are some examples to pique your interest. out of date. If so, pledge to bring up amending the regulations at your next meeting. Some Preliminary Findings (1) Fire department use of water and installation of For your further reading, in 2011, I posted two blog dry hydrants entries on this topic: the first as the bill was working 3 This was a surprise. I feel like a scientist in the its way through the legislature, February 19, 2011 , middle of study with such overwhelming results that and the second after the bill’s passage on June 30, I want to stop the study and proclaim what supple- 2011. DEEP provided draft language for amending ment you should all be taking. Two-thirds of the your regulations in its end of the year regulatory 4 towns have not amended their wetlands regulations guidance memo in 2011. to reflect the 2011 public act adding “withdrawals of water for fire emergency purposes” as the seventh (2) Illegal delegation to staff/agent to make a category of activity exempt from the permit require- determination of jurisdiction ment. If your
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