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Aaron v. Conservation Comm'n of the Town of Redding

Citation: 11 ELR 20623
No. No. 10165, 441 A.2d 30/183 Conn. 532, (Conn., 04/21/1981)

The Connecticut Supreme Court upholds municipal regulations restricting activities that affect wetlands, including operations and uses occurring outside the physical boundaries of wetlands and watercourses. Defendant, a municipal wetlands agency for the town of Redding, enacted regulations pursuant to Connecticut's Inland Wetland and Watercourses Act. Plaintiff, a property owner and builder, contended that the municipal agency exceeded its authority by adopting regulations that are more comprehensive and stringent than the enabling statute. The court rules that a provision requiring septic tanks to be set back a specific distance from all wetlands neither conflicts with nor exceeds defendant's statutory grant of authority but reasonably implements that authority. Although the regulations contain more comprehensive language than the statute, the provisions are consistent with and thus do not conflict with the state legislation. The court therefore holds that the regulations are valid. The court further rejects the claim that residential septic systems are exempt from defendant's regulations, ruling that the state public health department does not have exclusive legislative authority to regulate domestic-specific systems.

Counsel for Plaintiff
Robert A. Fuller
P.O. Box 265, Wilton CT 06897
(203) 762-2451

Counsel for Defendant
Samuel M. Chambliss
590 Danbury Rd., Ridgefield CT 06877
(203) 438-9669

Joined by Bogdanski, Peters, Armentano and Wright, JJ.