Sidebar Inland Wetlands and Watercourses Regulations- Section 6

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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:
    1. Grazing, farming, nurseries, gardening harvesting of crops and farm ponds 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.
    2. 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.
    3. Boat anchorage or mooring, not to include dredging or dock construction.
    4. 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.
    5. 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:
    1. 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.
    2. 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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