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Avon panel considers extending upland review area; riparian-buffer definition may be added to state model regs

Inland Wetlands Commission · April 7, 2026
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Summary

Wetlands Agent Emily Kyle described proposed upland review area expansions tied to vernal pools, river buffers, and steep slopes and will forward a draft to DEEP; commissioners discussed the IWC's regulatory role and standards for expert testimony.

Wetlands Agent Emily Kyle told the Inland Wetlands Commission on April 7 that staff is preparing a proposal to adjust the town’s upland review area for certain sensitive resources. The proposal calls out special criteria including a 500-foot review area for vernal pools, 200 feet from the Farmington River or qualifying tributaries, and 200 feet from slopes steeper than 15 percent. Kyle said she will forward the draft changes to the Connecticut Department of Energy and Environmental Protection (DEEP).

Kyle also reported a state working group on riparian buffers is considering recommending that the State Model Wetlands and Watercourse Regulations include a definition that would treat riparian buffers as a prohibitory area for vegetation removal; as she said, the group "may recommend adding a definition into the State Model Wetlands and Watercourse Regulations which would define riparian buffers as a prohibitory area for any vegetation removal." Commissioners discussed how IWC regulations derive from the state model and the commission’s duty to protect wetlands while complying with statutory constraints.

Chair Carol Hauss stressed the commission’s regulatory responsibilities, saying "the role of the IWC is to protect the wetlands while complying with the law." Commissioner Robert Breckinridge flagged the evidentiary standard that an expert witness’s testimony should be accepted unless an alternative expert is presented; Kyle reviewed the IWWR history and the commission’s charge to assess whether proposed work would damage resources.

If adopted locally, the upland review-area changes and any new riparian-buffer language could tighten controls on vegetation removal near streams and sensitive habitats, but would also follow state guidance and DEEP review before taking effect.