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We represent developers of land in sensitive areas, such as wetlands and the coastal zone, at all stages of the development process, from planning to permitting, the public participating process, and administrative and judicial proceedings.

Land development projects, whether residential subdivisions, retail shopping centers or other large-scale development projects, may require a variety of state and federal environmental permits beyond local zoning and wetland approvals.

Army Corps of Engineers wetlands permits and related State Water Quality Certifications are commonly required where projects involve even small quantities of wetland fills.  Construction projects involving more than five acres of soil disturbance require registration for federal/state Construction Stormwater discharge permits.  Sites conducting certain "industrial activities" must obtain federal/state Industrial Stormwater discharge permits.  Projects requiring significant roadway infrastructure improvements or traffic impacts from parking facilities in Connecticut may require State Traffic Commission approvals.

Applications in Connecticut for State Water Quality Certifications in connection with Army Corps wetlands permits and state stormwater registrations will trigger a state Endangered Species Act review, which can complicate and delay permit issuance.

Our lawyers have successfully negotiated clients' applications through these complicated permit processes in contexts ranging from golf courses, highway expansions, residential subdivisions, active adult communities and retail shopping centers.

Related Information

  • Represented state trade association in Connecticut Department of Environmental Protection proceedings on new General Permit for Discharge of Stormwater Associated with Industrial Activities, successfully negotiating numerous provisions to protect the interests of the organization's constituents.

  • Obtained Army Corps wetlands permit and state Water Quality Certification involving on-site wetlands fills and off-site mitigation for retail shopping center.

  • Counseled client with locally approved residential subdivision to modify wetlands crossing to successfully avoid Army Corps wetlands jurisdiction and state Endangered Species Act review, avoiding years of delay.

  • Negotiated Consent Order in connection with alleged violation of a construction stormwater permit registration by activities which encroached on possible state endangered species habitat.

  • Obtained construction stormwater authorization following negotiation of best management practices, conservation easements, and deed restrictions designed to preserve state endangered species habitat.

  • Obtained Army Corps wetlands permits and state Water Quality certification for wetlands fills with on-site mitigation, conservation easements, and off-site wetlands creation for expansion of State highway for Tribal casino expansion, which included state Endangered Species Act sign-off.

  • Successfully defended appeal and suit for temporary injunction on issuance of State Traffic Commission approval for road expansion project.

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