A landowner comes to you and explains that it intends to undertake some activity in an inland wetland or watercourse or in an upland review area. The landowner believes that the proposed activity constitutes an exemption to the regulatory authority of the municipal inland wetlands agency because, according to Connecticut General Statutes §22a-40(a), such activity can be conducted “as of right.” You review §22a-40(a) and the proposed activity appears to fall within one or more of the exemptions set out therein and the statute states that the activity can be conducted “as of right.” “As of right” means that the landowner can go ahead and unilaterally proceed with the proposed activity, right? Not exactly.
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