Evidence Insubstantial in Wetlands Case

Under wetlands regulations, the presence of wetlands species on a parcel of land was not enough on its own to indicate that the parcel contained a watercourse, according to the Appellate Court of Connecticut. This abstract details a case where a landowner's applications to build a house and septic tank were denied based on a consultant's finding that silky dogwoods, a plant common to wetlands areas, were found on the lots. The owners appealed and the appellate court concluded that the commission's decision was not supported by substantial evidence. Thus, the court said the commission was required to approve the applications.