Supreme Court of Connecticut

The Indian Spring Land Company v. Inland Wetlands and Watercourses Agency of the Town of Greenwich

July 5, 2016322 Conn. 1

Summary

The court held that road construction directly related to a farming operation, including forestry, is permitted as of right under the agricultural exemption in § 22a-40 (a)(1). Because the statute's modifying phrase applies to both road construction and the erection of buildings, the municipal wetlands agency lacked jurisdiction to impose conditions on the plaintiff's access road. The court reversed the trial court's judgment and remanded with direction to sustain the plaintiff's appeal.