Connecticut Wetlands Law and Compliance Seminar
Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:15 pm
Lunch (On your own): 12:15 – 1:15 pm
Afternoon Session: 1:15 – 5:00 pm
Identifying Wetlands
Greg Fleischer
Presence of wetland vegetation
Identification of wetland soils
Importance of underlying wetland hydrology
Understanding Federal and Connecticut Wetlands
Laws and Enforcement
Michael Bontje
The Federal Clean Water Act
National Food Security Act of 1985
Connecticut Inland Wetlands and Watercourses Act
Connecticut Tidal Wetlands Act
Implementing/enforcing agencies
• U.S. Army Corps of Engineers
• U.S. Environmental Protection Agency
• U.S. Department of Agriculture
• U.S. Fish and Wildlife Service
• Connecticut Department of Energy and Environmental Protection
Wetlands Permitting Process
Kari Olson
Wetlands determinations and delineations
Determining applicability of regulations
Wetland permitting and certification processes
• Notice provisions
• Review process
• Mitigation/compensation requirements
Appeals process
Wetland Preservation, Restoration, Creation
and Enhancement
Anthony Zemba
Understanding the importance of wetlands
• Flood storage and conveyance
• Pollution control and carbon storage
• Erosion control
• Fish and wildlife habitat
• Recreation and other cultural resource values
Wetland preservation strategies and techniques
Wetland restoration
• Still a reference for onsite and in-kind restoration
• Hydrological considerations
• Restoration techniques Wetland creation
• Methods, benefits and drawbacks
Wetland enhancement • Purposes and techniques
The Connecticut Wetland in Lieu Fee Program – an alternative
to permittee-responsible mitigation
Ethics Issues in Wetland Preservation and Development
Michael Zizka
Acting in the best interest of the public on wetlands issues
• Finding alternatives to wetlands destruction
• Including wetland preservation in development plans
• Convincing clients to preserve and restore wetlands
Credits
Attorneys
Connecticut: 7.0 CLE Hours
7.0 New Hampshire CLE Hours
8.0 New Jersey CLE Hours
8.0 New York CLE Hours
Rhode Island Pending
7.0 Vermont CLE Hours
(This course contains
.5 Ethics Hour)
Professional Engineers
Non-Credit Continuing Ed.
Floodplain Managers
7.0 ASFPM CECs
Landscape Architects
7.0 LA/CES HSW PDHS
Architects
7.0 AIA HSW Learning Units
Continuing Education Credit Information
This seminar is open to the public and offers Connecticut attorneys 7.0 CLE hours. HalfMoon Education is a New York-approved provider of CLE. This traditional format, seminar offers 7.5 Areas of Professional Practice CLE hours and .5 ethics hour to new and experienced attorneys. HalfMoon Education is approved as a CLE provider in New Jersey, and this course qualifies for 8.0 CLE hours (.5 ethics hour). This course offers 7.0 CLE hours (.5 ethics hour) to New Hampshire attorneys. Course approval is not required in New Hampshire. HalfMoon Education is an approved Vermont CLE provider and this course offers 7.0 CLE hours (.5 ethics hour). Course approval is applied for and pending for Rhode Island attorneys.
This course offers a non-credit continuing education opportunity to Connecticut professional engineers. It may offer continuing education hours in other states. Refer to specific state rules to determine eligibility.
The Association of State Floodplain Managers has approved this course for 7.0 CECs.
This course offers Connecticut architects and landscape architects a non-credit continuing education opportunity. The Landscape Architecture Continuing Education System has approved this seminar for 7.0 HSW PDHs and the American Institute of Architects has approved it for 7.0 HSW Learning Units (Sponsor No. J885). Only full attendance can be reported to the LA/CES and AIA/CES.
Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.
Speakers
Michael Bontje
Michael Bontje B. Laing Associates
Mr. Bontje has been a practicing wetlands and mitigation scientist for more than 38 years. For NYCEDC, he has been involved in marine habitat assessment, and in permitting and mitigation for the New York Yankees Minor league baseball stadium in Staten Island and the Bush Terminal inter-pier solid waste fill in the Sunset Park section of Brooklyn. For other clients, Mr. Bontje has been involved in impact assessment, mitigation, restoration construction and permitting in New York City and throughout Long Island. Mr. Bontje is not only familiar with planning and permitting of freshwater and tidal systems, but has also been involved in their construction and monitoring. He has delineated or reviewed projects in both freshwater and tidal situations. Successfully completed mitigation sites range from a 0.25 acre tidal wetland site in Staten Island; an 8.0 acre freshwater site in Rockland County, New York; and a 3.2 acre freshwater site in Waterbury, Connecticut; to a 158 acre tidal wetland site in Bergen County, New Jersey. He is known for both creative and cost effective problem solving. Mr. Bontje is certified by the Army Corps of Engineers (ACOE) as a wetland delineator (#WDCP94MD031301333). He is also a certified professional in soil erosion and sediment control (CPESC #5347) and a certified professional in storm water quality (CPSWQ #0578).
Greg Fleischer, PWS
Capital Environmental Consultants, Inc., in Kingston, NYMr. Fleischer is the founder and principal of Capital Environmental Consultants, Inc. He is an environmental scientist and professional wetland scientist with more than 15 years of experience in the environmental consulting industry. Mr. Fleischer has conducted wetland and ecological investigations at properties throughout the five boroughs of New York City, Long Island, and the Lower and Mid-Hudson Valley. His areas of expertise include all aspects of federal, state, and local wetland analysis including freshwater and tidal delineation, specializing in comprehensive determinations for routine, atypical, and problem wetlands. Mr. Fleischer has extensive experience developing solutions and providing strategic advice for a wide range of clients and projects. He holds a BS degree in Biology from SUNY New Paltz and an MS degree in Environmental Science from Pace University.
Kari Olson
Murtha CullinaMurtha Cullina
Ms. Olson represents clients in the area of municipal and land use litigation, general commercial and creditor’s rights litigation and probate litigation. She regularly represents municipalities, businesses, and individuals in all phases of local land-use approval and litigation. Her land use practice encompasses property boundary disputes, zoning, planning, subdivisions, inland wetlands and water pollution control authorities. She frequently has represented planning and zoning commissions and developers at both the local and appellate level. She earned her B.S. degree, with high honors, in 1985 from the University of Connecticut, and her J.D. degree, also with high honors from the University of Connecticut Law School in 1998.
Anthony Zemba, CHMM
Senior Environmental Analyst at Land-Tech Consultants Inc.Mr. Zemba is a certified ecologist, soil scientist, and hazardous materials manager. He assists private clients, federal, state, and local agencies and NGOs in natural resource management, ecological risk assessment, habitat restoration, and biodiversity conservation. Mr. Zemba has managed the Connecticut Wetland In Lieu Fee Program for Audubon Connecticut since 2016.
Michael Zizka
Halloran & SageHalloran & Sage
Mr. Zizka’s career has been that of a lawyer, a scientist, a town selectman, an author, and an educator. He brings all those skills to bear for his legal clients. His focus has been on issues related to government agencies (often municipalities) and on the use and development of land. He holds both bachelor of science and master of science degrees in Geology, and he mapped the glacial geology of the Columbia topographic quadrangle (an area of about fifty-five square miles) for the Connecticut DEP (now DEEP). He later spent five years as a hydrogeologist for DEP, where he helped dozens of municipalities and landowners analyze the potential consequences of different land uses. As a practicing lawyer since 1982, Mr. Zizka has advised or represented 60 different Connecticut municipalities, as well as a host of private landowners, both as counselor and litigator in state and federal courts. His cases have involved issues such as affordable housing, subdivision development, wetlands activities, nonconforming uses, zone changes, environmental pollution and inverse condemnation (“takings”). As a municipal counselor, he has drafted groundbreaking regulations and ordinances on a wide variety of topics. His written works include the widely used and well regarded, What’s Legally Required? A Guide to the Legal Rules for Making Local Land Use Decisions in the State of Connecticut (CT DEP, 7th Ed. 2004), as well as State and Local Land Use Liability (West Group), an annually updated national treatise on land use regulation. He is also a frequent speaker and lecturer on land use and environmental topics.