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Inland Wetlands and Watercourses Regulations- Section 6
Online version is NOT official, it is only for use as a reference. Official
copies can be viewed or
purchased at the Department of
Planning, Conservation, and Development.
SECTION 6- PERMITTED AND NON-REGULATED OPERATIONS AND USES
- 6.1- The following operations and uses shall be permitted in inland wetland and
watercourses, as of right:
- Grazing, farming, nurseries, gardening harvesting of crops and farm pods of three
acres or less, essential to the farming operations. These provisions shall not be constructed
to include: road construction or the erection of buildings not directly related to the
farming operation; relocation of watercourses with continual flow; filling or reclamation of
wetlands or watercourses with continual flow; clear cutting of timber except for the
expansion of agricultural crop land; and, the mining of top soil, peat, sand, gravel or
similar material from wetlands or watercourses for the purpose of sale.
- A residential home (i) for which a building permit has been issued or (ii) on a
subdivision lot, provided the building permit has been issued or the subdivision has been
approved by the Planning & Zoning Commission, as of May 18, 1973, and further provided
no residential home shall be permitted as of right pursuant to this subdivision unless
the building permit was obtained on or before July 1, 1987.
- Boat anchorage or mooring, not to include dredging or dock construction.
- Uses incidental to the enjoyment and maintenance of residential property, such
property defined as equal to or smaller than, the largest minimum residential lot site
permitted anywhere in the City and containing a residence. Such incidental uses shall
include maintenance of existing structures and landscaping but shall not include
removal or deposition of significant amounts of material from or into, a wetland or
watercourse or diversion or alteration of a watercourse.
- Construction and operation by water companies as defined in Section 16-1 of the Connecticut
General Statutes or by municipal water supply systems as provided for in Chapter 102 of
dams, reservoirs and other facilities necessary to the impounding, storage and withdrawal
of water in connection with public water supplies except as provided in Section 22a-401 and 22a-403
of the Connecticut General Statutes.
- 6.2- The following operations and uses shall be permitted, as non-regulated uses
in wetlands and watercourses provided they do not disturb the natural and indigenous
character of the wetland or watercourse by removal or deposition of material, alteration
or obstruction of water flow or pollution of the wetland or watercourse:
- Conservation of soil, vegetation, water, fish, shellfish and wildlife. Such operation or
use may include, but is not limited to, minor work to control erosion, or to encourage proper
fish, wildlife and silviculture management practices.
- Outdoor recreation including play and sporting areas, golf courses, field trails, nature
study, hiking, horseback riding, swimming, skin and scuba diving, camping, boating,
water skiing, trapping, hunting, fishing and shellfishing and cross-country skiing
where otherwise legally permitted and regulated.
- 6.3- Wetland restoration activities must be approved by the Inland Wetlands and
Watercourses Agency.
- 6.4- To carry out the purposes of this section, any person proposing to carry out
a permitted or non-regulated operation or use of a wetland or watercourse shall, prior
to commencement of such operation or use, notify the Agency on a form provided by it,
and provide the Agency with sufficient information to enable it to properly determine
that the proposed operation and use is a permitted or non-regulated use of the wetland or
watercourse. The Agency or its designated agent shall rule that the proposed operation
or use is a permitted or a non-regulated use or operation or that a regular permit is
required. Such ruling shall be in writing and shall be made no later than the next regularly
scheduled meeting of the Agency following the meeting at which the request was received.
The designated agent for the Agency may make such ruling on behalf of the Agency at any
time. Initiation of the permitted use or operation shall be within one (1) year and any
ruling pursuant to this section expire in one (1) year from date of issuance unless
otherwise extended by the Agency.
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