LWRD Enforcement (original) (raw)

Land and Water Resources Division - Enforcement

Complaints | [What to Expect from an Inspection](#Expect from Inspection) | Coastal Permitting Requirements | [Additional Links and Information](#Additional Info) | Current LWRD Enforcement Staff

Do you have a wetland or watercourse related complaint? Use our complaint intake form to let us know! Click on the gray box below to get started.

Report a wetland or watercourse violation

Citizens and visitors of Connecticut have the right to enjoy the waters and coastline of our State. The Land and Water Resources Division (LWRD) Enforcement Section helps ensure this is possible by monitoring compliance with state issued LWRD permits and investigating any complaints of wrongdoing. LWRD specifically focuses on the management and well-being of inland and tidal wetlands, watercourses, floodplains and coastal waters, and resources of Connecticut.

LWRD’s Regulatory Section reviews applications and issues licenses for projects that occur within these water resource areas, while the Enforcement Section assures that such projects are properly authorized and that the licensee conducts all regulated activities in compliance with license conditions and approved plans. Most of Connecticut’s inland wetland and watercourses, and floodplains are directly regulated by municipal commissions and the U.S. Army Corps of Engineers (USACOE), with oversight and coordination from LWRD. So, activities conducted within and adjacent to these water resource areas would require authorizations from the affected municipality, and possibly the USACOE.

Complaints

A majority of the enforcement actions taken by the LWRD Enforcement Section are in direct response to complaints received by concerned Connecticut citizens. With our new on-line intake system, anyone with internet access or a smart phone can quickly and easily file a coastal or inland water resource complaint. These complaints are automatically logged in with a unique identification number and assigned to enforcement staff to investigate.

For inland wetland related complaints, this form should only be used for work authorized by the state, work conducted on state owned land, or for administrative complaints regarding the municipal inland wetlands agency. Please note that complaints regarding inland wetlands that are not located on state land or caused by the State of Connecticut should be filed directly with the local municipality.

Enforcement staff will review the information provided with the complaint (including any photos), with geographic information systems, regulatory databases, aerial imagery, and land records/ownership information to determine the type of water and/or coastal resources involved, the seriousness of any impacts to these resources, the potential regulatory programs triggered and whether an inspection of the complaint site is recommended.

Many complaints received are for alleged activities that impact coastal waters and resources, which are directly regulated by DEEP, and are followed up with an inspection from LWRD enforcement staff. If the alleged activity is regulated by a municipality or another DEEP section, the complaint will be referred to that agency for their investigation. If no violation is identified, then the complaint is closed.

If a violation of LWRD regulatory programs is identified, enforcement staff will recommend an appropriate enforcement response, which includes informal responses such as issuance of a Field Notice of Violation, Warning Letter, Notice of Noncompliance, or Notice of Violation. If the violation is deemed to be an immediate and significant risk to the environment, formal enforcement responses, such as Cease and Desist Orders, Unilateral Orders, Consent Orders, Penalty Notices and Attorney General Referrals will be considered. These enforcement actions are generally issued to the property owner where the violation is occurring, or has occurred, and any other responsible parties, such as a contractor, that were involved in the unauthorized activities. Generally, LWRD’s enforcement section starts with an informal enforcement action called a Notice of Non-Compliance, but can escalate into a formal enforcement action, if recommended corrective actions are not taken.

What to Expect from an Inspection

The LWRD Enforcement staff’s goal is to assess the submitted complaint with regards to potential violations. Staff will use public access points or the public trust to assess violations when possible. Many cases require staff to enter upon private property to observe alleged activities and environmental impacts. When this is the case, inspectors will first knock on the door, introduce themselves, and provide DEEP identification. If no one answers the door within a reasonable time frame, staff will leave contact information or a business card at the door and find the least intrusive way to inspect the alleged complaint at the property. Please note that Connecticut General Statutes Sections 22a-6 and 22a-30 allow for entry of state officials on public or private property at reasonable times to evaluate compliance with LWRD’s regulatory programs.

The inspector will identify the regulated natural resources at the site and estimate DEEP’s jurisdictional limits, including but not limited to, the coastal jurisdiction line, wetland and watercourse boundaries, and floodplains. The inspector will then determine if any regulated activities have occurred with DEEP jurisdiction and assess the level of impact. They will take any necessary photos, measurements, and notes to fully assess the alleged complaint. If a violation is found, staff will pursue enforcement action and send either a notice, letter, or in extreme cases, an order, via certified mail to the violator. If no violation is found, the inspector will use the inspection findings to close out the complaint.

Coastal Permitting Requirements

If you receive a Notice of Non-compliance or Notice of Violation from LWRD, it may require you to remove or submit a DEEP license application for unauthorized structures or encroachments on your property, or accessed from your property, that are located waterward of the coastal jurisdiction line or within tidal wetlands or waters. Structures/encroachments that were built and/or installed prior to 1995 without a DEEP license are often eligible for retention and minor modification through a shorter permitting process called a Certificate of Permission (COP). Structures/encroachments that were built and/or installed after 1995 without a DEEP license or don’t meet COP eligibility would need to be authorized through a Structures, Dredging, and Fill (SDF) and Tidal Wetland (TW) permit. Please note, if a structure/encroachment is built without a permit and is not COP eligible (under CGS Section 22a-363b) and the owner wishes to retain that structure, the application fee for the retention of a structure built in a violation shall be four times the fee calculated.

Additional Links and Information

Current LWRD Enforcement Staff

Brian Golembiewski, Supervisor
Kevin Zawoy
Kathleen Perzanowski
Katharine Becker
Chris Yacavone
Carol Ladue
Diane Ifkovic, FEMA, Flood Management

Content last updated May 9, 2023