As used in this chapter, the following terms
shall have the meanings indicated:
The Inland Wetlands and Water Courses Act, Sections 22a-36
through 22a-45 of the Connecticut General Statutes, as amended.
Usually distinguished by evergreen trees and shrubs underlain
by peat deposits, poor drainage, and highly acidic conditions.
The harvest of timber in a fashion which removes all trees
down to a two-inch diameter at breast height.
The Inland Wetlands and Water Courses Commission of the Town
of Orange.
The Commissioner of the State of Connecticut Department of
Environmental Protection.
A flow of water which persists for an extended period of
time; this flow may be interrupted during periods of drought or during
the low flow period of the annual hydrological cycle, June through
September, but it recurs in prolonged succession.
Includes, but shall not be limited to, fill, grade, dump,
place, discharge, or emit.
The Wetlands Enforcement Officer of the Town of Orange or
any other individual designated by the Commission to carry out its
functions and purposes.
Emission of any water, substance, or material into wetlands
or water courses whether or not such substance causes pollution.
The activity will significantly alter the inland wetlands
and water courses by reason of removal or deposition of material,
clear-cutting, alteration or obstruction of water flow, or will result
in the pollution of the wetlands or water courses.
The activity proposed is necessary and indispensable to sustain
farming activities on the farm.
Use of land for the growing of crops, raising of livestock
or other agricultural use.
Able to be constructed or implemented consistent with sound
engineering principles.
The whole or any part of any permit, certificate of approval
or similar form of permission which may be required of any person
by the provisions of these regulations under the authority of the
Commission.
A practice, procedure, activity, structure or facility designed
to prevent or minimize pollution or other environmental damage or
to maintain or enhance existing environmental quality. Such management
practices include but are not limited to erosion and sedimentation
controls; restrictions on land use or development; construction setbacks
from wetlands or water courses; proper disposal of waste materials;
procedures for equipment maintenance to prevent fuel spillage; construction
methods to prevent flooding or disturbance of wetlands and water courses;
procedures for maintaining continuous stream flows; confining construction
that must take place in water courses to times when water flows are
low and fish and wildlife will not be adversely affected.
Areas with soils that exhibit saturated moisture regimes
that are distinguished by the absence of trees and are dominated by
soft-stemmed herbaceous plants. The water table in marshes is at or
above the surface throughout the year, but seasonal fluctuations are
encountered and areas of open water six inches or more in depth are
common.
Any substance, solid or liquid, organic or inorganic, including
but not limited to soil, sediment, aggregate, land, gravel, clay,
bog, peat, mud, debris, sand, refuse, or waste.
Land used for propagating trees, shrubs, or other plants
for transplanting, sale, or for use as stock for grafting.
The whole or any part of any license, certificate or approval
or similar form of permission which may be required of any person
by the provisions of these regulations under the authority of the
Commission.
The person to whom such permit has been issued.
Any person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including municipal
corporations, governmental agencies, or subdivision thereof.
Harmful thermal effect or the contamination or rendering
unclean or impure of any waters of the state by reason of any waste
or other materials discharged or deposited therein or indirectly to
come in contact with any waters. This includes, but is not limited
to, erosions resulting from any filling or excavation activity.
Economically and otherwise reasonable in light of the social
benefits to be derived from the proposed regulated activity provided
cost may be considered in deciding what is prudent and further provided
a mere showing of expense will not necessarily mean an alternative
is imprudent.
Any operation or use of a wetland or water course involving removal or deposition of material or any obstruction, construction, alteration or pollution of such wetlands or water courses, and any construction of a residential building, residential institution, commercial and industrial building, site establishment of a new lawn, nonresidential building, deck, pools, parking area or subsurface sewage disposal system with 100 feet of wetlands or water courses, as set forth in Section 22a-42a of the General Statutes, as amended, and 50 feet from wetlands and water courses for any subsurface sewage disposal system up-gradient from wetlands and water courses or in an area of special concern as defined by the Public Health Code, but shall not include the activities specified in Article IV (uses permitted as of right and nonregulated uses) of these regulations. Soil evidencing favorable underground rate of flow analysis by geohydraulic testing may be considered by the Commission as grounds for reducing any of the separating distances. The Commission shall require certified tests and/or reports for this purpose. The Commission may rule that any other activity located within such upland review area or any other non-wetland or non-water course area is likely to impact or affect wetlands or watercourses and is a regulated activity.
[Amended 9-3-2003; 2-13-2007]
Any inland wetland or water course as defined in these regulations.
Includes, but shall not be limited to, drain, excavate, mine,
dig, dredge, suck, grub, clear cut timber, bull doze, drag line or
blast.
Any alteration of the physical, chemical, or biological properties
of any waters of the state, including but not limited to, change in
odor, color or turbidity, or taste.
Any activity, including, but not limited to, the following
activities which may have a major effect or significant impact on
the area for which an application has been filed or on another part
of the inland wetland or water course system:
Any activity involving a deposition or removal
of material which will or may have a substantial effect or significant
impact on the regulated area or on another part of the inland wetland
or water course system; or
Any activity which substantially changes the
natural channel or may inhibit the natural dynamics of a water course
system; or
Any activity which substantially diminishes
the natural capacity of an inland wetland or water course to support
desirable fisheries, wildlife, or other biological life, prevent flooding,
supply water, assimilate waste, facilitate drainage, provide recreation
or open space, or other functions; or
Any activity which causes substantial turbidity,
siltation, or sedimentation in a wetland or water course; or
Any activity which causes a substantial diminution
of flow of a natural water course, or ground water level of the regulated
area; or
Any activity which causes or has the potential
to cause pollution of a wetland or water course; or
Any activity which destroys unique wetland or
water course areas having demonstrable scientific or educational value.
An individual duly qualified in accordance with standards
set by the Federal Office of Personnel Management.
Those lands which are inundated by water on a seasonal or
more frequent basis.
Areas with soils that exhibit saturated moisture regimes
and are dominated by wetland trees and shrubs.
The Town of Orange, New Haven County, in the State of Connecticut.
Sewage or any substance, liquid, gaseous, solid or radioactive,
which may pollute or tend to pollute any of the wetlands or water
courses of the Town.
Rivers, streams, brooks, waterways, lakes, ponds, marshes,
swamps, bogs, and all other bodies of water, natural or artificial,
vernal or intermittent, public or private, which are contained within,
flow through or border upon this state or any portion thereof not
regulated pursuant to Sections 22a-28 through 22a-35, inclusive. Intermittent
water courses shall be delineated by a defined permanent channel and
bank and the occurrence of one or more of the following characteristics:
Pursuant to CGS 22a-41, includes aquatic, plant or animal
life and habitats in wetlands or water courses, and "habitats" means
areas or environments in which an organism or biological population
normally lives or occurs. Land, including submerged land not regulated
pursuant to Sections 22a-28 through 22a-35, inclusive, of the Connecticut
General Statutes which consists of any of the soil types designated
as poorly drained, very poorly drained, alluvial and floodplain by
the Natural Cooperative Soils Survey, as it may be amended from time
to time, of the Natural Resources Conservation Service of the U.S.
Department of Agriculture (USDA).
[Amended pursuant to P.A. 04-209, effective 6-3-2004]
