Builders Go To Court Over Wetlands Rules

By Andrew Gorosko

A group of five local builders has filed a lawsuit against the Conservation Commission, seeking to overturn revised wetlands regulations recently approved by the commission, which expand the areas near wetlands where construction is regulated as an environmental protection measure.

 Challenging the revised regulations are builders and developers Kim Danziger, Dennis Catino, Charles Tilson, David French and Michael Burton. They are known as Newtown Builders Group.

On September 22, the Conservation Commission adopted certain revisions to its wetlands and watercourses regulations. The builders allege that the changes made are excessive and unnecessary and should be rescinded by a judge in Danbury Superior Court.

The plaintiffs own land within a radius of 90 feet of wetlands and watercourses and are thus affected and aggrieved by the new, more restrictive rules, according to the lawsuit.

In revising the wetlands regulations, the commission expanded the area near wetlands where construction is regulated, known as the “buffer area,” as an environmental protection measure. The new regulations expand the buffer area from the previous 50 feet to 100 feet.

Initially, the commission had considered expanding that buffer area to 150 feet, but reduced the size to 100 feet after the builders’ group protested the proposal at a past public hearing on the regulation changes.

In the lawsuit, the builders claim that the new rules seek to impose controls on activities that do not affect wetlands and watercourses; the rules seek to impose controls on activities beyond reasonable buffer areas surrounding wetlands and watercourses; the regulations exceed the powers granted to the commission by state law; the regulations seek to regulate “vernal pools” even when such pools are not in defined wetland or watercourse areas; the regulations seek to have an applicant pay for the cost of an environmental review required by the commission, although imposing such payments is not authorized by state law; and enforcing the regulations may resulting in the “taking” of the plaintiffs’ properties without due process, in violation of the state and federal constitutions.

In the lawsuit, the builders claim, “The changes in the regulations were not the result of any scientific or other evidence presented by the commission at a public hearing for the need or desirability of such regulation changes.”

Through the lawsuit, the builders seek to have a judge reverse the regulation changes.

Attorney James Mannion of Bethel represents the builders in the lawsuit.

The town has a November 23 court answer date in the lawsuit, which was filed October 14.