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The Habitat Winter/Spring 2019 The Habitat A newsletter of the Connecticut Association of Winter/Spring 2019 Conservation & Inland Wetlands Commissions, Inc. volume 31 number 1 CACIWC’s 41st Annual Meeting & Environmental Conference: Managing for a Changing Climate he CACIWC Board of Directors extends their For his presentation, David described how much of appreciation to the many members and guests New England has been experiencing an increasing Twho were able to attend our 41st Annual trend in annual average temperature, annual average Meeting and Environmental Conference. The precipitation, and the number of heavy rainfall events conference was held on Saturday, November 17, over the past several decades. During this same time 2018 at the Red Lion period, the region had Hotel Cromwell. This also experienced an expansive facility increasing number again provided an of moderate to major excellent setting for flood episodes. These our conference with episodes have been its twelve scheduled associated with a workshops and variety of storm types extensive display and have affected the areas. The CACIWC region at different Board of Directors and times of the year. its Annual Meeting These events included Committee worked the record floods of throughout 2018 March 2010, the spring to bring attendees snowmelt floods which a wide variety of sent Lake Champlain to informative workshops David Vallee gives keynote presentation. Photo by Jeff Mills. record elevations, the and exhibitors, while catastrophic flooding coordinating with our venue to provide you with a associated with the passage of Tropical Storm Irene revised display and refreshment layout. in western New England, and the remarkable thirteen inch rainstorm that struck Long Island, New York in Keynote Speaker the summer of 2014. His presentation illustrated how CACIWC welcomed David Vallee, Hydrologist-in- the common threads in each episode were a persistent Charge at the National Oceanic and Atmospheric storm track with the ability of each storm system to Administration (NOAA)/ National Weather Service annual meeting, continued on page 8 (NWS) Northwest River Forecast Center in Norton Massachusetts as our 2018 keynote speaker who presented on: “Examining Climate Trends in the In This Issue Page Northeast and their Impacts on Riverine and CACIWC News 2 Coastal Flood Behavior.” The CACIWC Board of Directors was pleased to recruit our 2018 keynote Journey to the Legal Horizon 3 speaker as he is uniquely qualified to discuss the Recognition Awards 4 ongoing climate change trends and their impact Remembering Tom ODell 5 on river and coastal flooding in Connecticut and Climate Impacts on Eastern Hemlock 6 throughout the Northeast. Urban Forestry Survey Announcement 15 www.caciwc.org 1 CACIWC CACIWC News Board of Directors s the article and photos in the issue of The Habitat illustrate, our 41st Annual Meeting may have been Officers Alan Siniscalchi President Aone of our best efforts, as characterized by the many Peter Bassermann Vice President comments from our attendees. Our attendance was high, and Charles Dimmick Treasurer we received numerous specific complements on our speakers, Maureen Fitzgerald Secretary workshops, displays, networking opportunities and our choice of venue. County Representatives In addition to our keynote presentation, many workshops Alicia Mozian Fairfield County Ann Beaudin Hartford County emphasized the conference theme of “Preparing for a Stephen Wadelton Litchfield County Changing Climate.” An article summarizing one of our key Marianne Corona Middlesex County climate-related workshops is also included in this issue. Maria Kayne New Haven County Laura Magaraci New London County While many current members of our board worked very hard Rodney Parlee Tolland County to ensure the success of this conference, we are also indebted Vacant Windham County to many former board members who helped strengthen CACIWC through the years. Alternate County Representatives Aleksandra Moch Fairfield County Vacant Hartford County No one individual contributed more to strengthening the Jeremy Leifert Litchfield County foundation of CACIWC than our first president and co- Vacant Middlesex County founder, Tom ODell. This issue also highlights the immense Vacant New Haven County contributions that Tom made to CACIWC and Connecticut Vacant New London County conservation issues before his untimely passing during the Meghan Lally Tolland County summer of 2018. To honor his many accomplishments, Vacant Windham County we dedicated our 41st Annual Meeting and Environmental At-Large Representative(s) Conference in Tom’s memory. Marla Butts One former board member and co-executive director who Darcy Winther DEEP Liaison continues to support CACIWC as Associate Editor of The Habitat is Ann Letendre. Always modest is describing her The Habitat is the newsletter of the accomplishments, I want to share two recent honors given to Connecticut Association of Conservation and Inland Wetlands Commissions (CACIWC). Ann in this issue. Ann was recognized by both the Governor’s Materials from The Habitat may be reprinted Greenway Council and the Connecticut Recreation & Parks with credit given. The content of The Habitat Association (see article and photo). I know I speak for the entire is solely the responsibility of CACIWC and is board in extending our congratulations to Ann for these well- not influenced by sponsors or advertisers. deserved recognitions. Thanks you Ann for all that you do! Interim Editor: Alan Siniscalchi In other news: Associate Editor: Ann Letendre 1. The CACIWC Annual Meeting Committee has been reviewing the many comments and suggestions submitted Correspondence to the editor, manuscripts, on the survey distributed at our 41st Annual Meeting and inquiries, etc. should be sent to Alan Environmental Conference on Saturday, November 17, Siniscalchi at [email protected]. 2018 at the Red Lion Hotel Cromwell. If you did not have an opportunity to complete the 2018 meeting survey, please www.caciwc.org CACIWC news, continued on page 10 2 The Habitat | Winter/Spring 2019 Journey to the Legal Horizon by Attorney Janet Brooks NOVs vs Orders: “You mean there’s a difference?” ast year I took a phone call from someone who Why was this an order? The language in the “No- recently moved to Connecticut. He was panic- tice” referred to the letter as an order and considered Lstricken as he explained that the municipal it an enforcement action. The letter set forth actions wetlands agent informed him by telephone that a to be undertaken: cease and desist regulated activi- Notice of Violation (“NOV”) was in the mail to him ties; delineate the wetlands; have the property sur- that required him to perform a variety of activities veyed, including the wetlands delineation. and then appear at a wetlands commission meeting to explain how he complied. I responded with a question What the statute says about orders: If the agency – what is the date for the hearing on the order? He or its agent finds that any person is conducting an explained it wasn’t called an order, it was called a activity or maintaining a condition not in accordance Notice of Violation and no hearing was scheduled. with the statute or the municipal regulations, the Also, he was told that the next regular monthly agency or agent is authorized to issue a written or- meeting was cancelled due to an already known der, by certified mail, to the person conducting such lack of a quorum and that he should appear at the activities “to cease immediately such activity or to following meeting over six weeks in the future. Once correct such . condition.”2 The agency is required the “NOV” arrived in the mail, I learned it contained to hold a hearing within ten days of issuing the order. the following: Within ten days of completing the hearing, the agen- cy must act to affirm, dissolve or modify the order. it “notified1” the property-owner “to commence the following actions”: “1. Immediately cease and desist all The statute explicitly states that the “original” order regulated activities upon the site . .”; “2. Have a certified is in effect upon its issuance. The protection afforded soil scientist determine and demarcate the wetland to the recipient of the order is the speed at which the boundary. The wetlands should then be delineated on agency must act by holding a hearing, within 10 days, a survey of the property. .”; “4. Appear before the [town and the amount of time it may take deliberating at the wetlands commission] . Report progress to date . An opportunity will be provided to the applicant to be heard close of the hearing, 10 days. The agency’s authority and show cause why this order shall not remain in effect. is extensive, but not unlimited. At this time, any additional regulated activities completed at the site will be a continuance of this violation and may In contrast, the statute does not mention “Notices of subject you to additional enforcement actions . .” Violation.” As I addressed in a CACIWC column a few (Underlining added by author.) legal, continued on page 11 Obviously someone considered this an order (by the use of the word “order” in paragraph 4) but slapped the caption “Notice of Violation” thinking it relieved the commission of holding the statutorily-required hearing within 10 days of issuance of an order. The context: the newly-arrived family to Connecticut ex- perienced within the first two weeks of their move a tree crashing through their roof in the middle of the night. Thereafter, the homeowner, after inquiry at town hall, spoke to the wetlands agent about remov- ing other trees to eliminate any future threat of trees falling on the house. As it turned out, the trees were removed from the upland review area. www.caciwc.org 3 Ann Letendre Receives Recognition Awards By Alan J. Siniscalchi ne of the benefits of serving on the CACIWC Connecticut Recreation & Parks Association (CRPA) board is the opportunity to work with people awards luncheon at the Mohegan Sun Hotel and Odedicated to promoting conservation issues in Conference Center.
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