Indian Spring Land Co. v. Inland Wetlands & Watercourses Agency

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The Indian Spring Land Company (Plaintiff), the owner of an unimproved tract of land, filed an application to construct a gravel access road subject to certain conditions. The Inland Wetlands and Watercourses Agency of the Town of Greenwich (Defendant) granted Plaintiff’s application, subject to certain conditions. Plaintiff appealed, arguing that its road construction activities were “directly related to its farming operations” and were therefore permitted as of right, thus not requiring the approval of a wetlands agency under Conn. Gen. Stat. 22a-40(a)(1). The trial court concluded that Defendant had the necessary jurisdiction to attach special conditions to Plaintiff’s permit. The Supreme Court reversed, holding (1) the trial court incorrectly interpreted section 22a-40(a)(1); and (2) under the proper interpretation of the statute, Defendant did not have jurisdiction to regulate the construction of Plaintiff’s access road. View "Indian Spring Land Co. v. Inland Wetlands & Watercourses Agency" on Justia Law