[HISTORY: Adopted by the Wetlands Commission
of the Town of Haddam effective 11-2-1973; revised 11-12-1975; 10-1-1979; 10-11-1988; 9-28-1992; 12-11-1995; 10-15-1997; 1-10-2000. Subsequent amendments noted where applicable.]
A.
Findings and purpose.
(1)
The inland wetlands and watercourses of the State
of Connecticut are an indispensable and irreplaceable, but fragile,
natural resource. The wetlands and watercourses are an interrelated
web of nature essential to an adequate supply of surface water and
underground water; to hydrological stability and control of flooding
and erosion; to the recharging and purification of groundwater; and
to the existence of many forms of animal, aquatic and plant life.
Many inland wetlands and watercourses have been destroyed or are in
danger of destruction because unregulated use by reason of the deposition,
filling or removal of material, the diversion or obstruction of water
flow, the erection of structures and other uses.
(2)
Such unregulated activities have had, and will continue
to have, significant adverse impact on the environment and ecology
of Connecticut. The preservation and protection of the wetlands and
watercourses random, unnecessary, undesirable and unregulated uses,
disturbance or destruction is in the public interest and is essential
to the health, safety and welfare of the citizens of the state.
(3)
It is therefore the purpose of these regulations to
make provisions for the protection, preservation, maintenance and
use of inland wetlands and watercourses by:
(a)
Minimizing their disturbance and pollution.
(b)
Preventing damage from erosion, turbidity or
siltation.
(c)
Preventing loss of fish and other beneficial
aquatic life, wildlife, and vegetation and the destruction of the
natural habitats thereof.
(d)
Deterring and inhibiting the danger of floods
and pollution.
(e)
Protecting the quality of wetlands and watercourses
for their conservation, economic, aesthetic, recreational and other
public and private uses and values.
(f)
Protecting the state's potable water supplies
from the dangers of drought, overdraft, pollution, misuse, and mismanagement.
(4)
This will be accomplished by providing an orderly
process to balance the need for the economic growth of the state and
the use of its land with the need to protect the environment and thus
guarantee to citizens of the State of Connecticut and to future generations
the safety of such natural resources for their benefit and enjoyment.
B.
These regulations shall be known as the "Inland Wetlands
and Watercourses Regulations of the Town of Haddam."
C.
In 1972, the Connecticut General Legislature enacted
Public Act 155, the Inland Wetlands and Watercourses Act, that encouraged
towns to designate an Inland Wetlands and Watercourses Agency to carry
out the duties described in the Act. The Conservation Commission was
designated to serve as the Inland Wetlands and Watercourses Agency
of the Town of Haddam by ordinance adopted November 14, 1972. This
directive was incorporated into the first Town Charter, adopted on
November 4, 1975. On November 3, 1987, revisions to the Town Charter
were adopted that shortened the wording of Section 5-3, but did not
change the meaning. On September 22, 1994, an ordinance was adopted
that created a Wetlands Commission to carry out the responsibilities
formerly designated to the Conservation Commission. This ordinance
became effective on October 13, 1994.
D.
These regulations have been adopted and may be amended,
from time to time, in accordance with the provisions of the Inland
Wetlands and Watercourses Act and these regulations.
E.
The Agency shall enforce all provisions of the Inland
Wetlands and Watercourses Act and shall issue, issue with terms, conditions,
limitations or modifications, or deny permits for all regulated activities
on inland wetlands and watercourses in the Town of Haddam, pursuant
to C.G.S. §§ 22a-36 to 22a-45a, inclusive, as amended.
F.
At least one member of the Wetlands Commission or
Haddam land use staff shall be a person who has completed the comprehensive
training program developed by the Commissioner pursuant to C.G.S.
§ 22a-39, as amended by Section 2 of Public Act 95-313.
Failure to have a member of the Commission or staff with training
shall not affect the validity of any action of the Commission. The
Commission shall hold a meeting at least once annually at which information
is presented to the members of the Commission summarizing the provisions
of the training program.
As used in these regulations, the following terms shall have
the meanings indicated:
The Inland Wetlands and Watercourses Act, C.G.S. §§ 22a-36
through 22a-45a, as amended.
The Wetlands Commission of the Town of Haddam.
Usually distinguished by evergreen trees and shrubs underlain
by peat deposits, poor or very poor drainage, and highly acidic conditions.
The harvest of timber products in a fashion which removes
all trees down to a two inches' diameter at chest height.
The Wetlands Commission of the Town of Haddam.
The Commissioner of Environmental Protection.
A member of the Wetlands Commission of the Town of Haddam.
A flow of water which persists for an extended 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 recurs in prolonged succession.
The day of the regularly scheduled meeting of the Commission
immediately following the day of submission, provided such meeting
is no earlier than three business days after the date of submission,
or 35 days after submission, whichever is sooner. The application
shall be placed on the agenda for consideration and if deemed complete,
the decision-making time table begins.
Deemed to be the calendar date when the application is filed
with the Land Use Office and all appropriate fees are paid.
Includes, but shall not be limited to, fill, grade, dump,
place, discharge or emit.
That person designated as the Wetlands Enforcement Officer
and/or the Chairman of the Haddam Wetlands Commission or any individual
designated by the Commission to carry out its functions and purposes.
Emission of any water, substance, or material into wetlands
or watercourses, whether or not such substance causes pollution.
The activity will significantly alter inland wetlands and
watercourses by reason of removal or deposition of material, clear
cutting, alteration or obstruction of water flow in the wetlands or
watercourse or its surroundings and will result in the pollution or
degradation of the wetlands or watercourse.
Use of land for growing of crops, raising of livestock or
other agricultural use.
Able to be constructed or implemented consistent with sound
engineering principles.
The tilling of soil, planting, cultivating and harvesting
of vegetable matter.
Removal, deposition, or alteration of any earth material
that changes present elevations.
Using any tract of land to feed or supply farm animals with
grass or pasture, to tend farm animals, or feeding or growing silage
and herbage.
To dig or dig up vegetated areas.
Gathering plants or animals or plant or animal products which
have been grown to be harvested.
As used in § 301-19, uses that do not significantly
alter the value or the extent of wetlands, upland review areas, or
watercourses, and are not for accommodating new uses but for retaining
preexisting ones. Examples are maintenance of preexisting ditches
and culverts, fences, or stone walls.
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
Wetlands Commission.
Watercourses so designated on the Official Inland Wetlands
and Watercourses Map, Town of Haddam.
Wetlands so designated on the Official Inland Wetlands and
Watercourses Map, Town of Haddam.
Watercourses that are distinguished by the absence of trees
and shrubs and which are dominated by soft-stemmed herbaceous plants.
The water table of 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, mud, debris, sand, refuse or waste.
The Town of Haddam, Middlesex County, Connecticut.
Places where plants are grown for sale, transplanting or
experimentation.
The whole of any part of any license, 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.
The person to whom a permit has been issued.
Any person, firm, partnership, association, corporation,
limited-liability company, company, organization or legal entity of
any kind, including municipal corporations, governmental agencies
or subdivisions 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 by any public or
private sewer or otherwise so as directly or indirectly to come in
contact with any waters. This includes, but is not limited to, erosion.
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 within or use of wetlands or a
watercourse involving removal or deposition of material; or any obstruction,
construction, alteration or pollution of such wetlands or watercourse,
but shall not include the specified activities in § 301-4
of these regulations. Furthermore, any clearing, grubbing, grading,
paving, excavating, filling, constructing, depositing or removing
of material, clear cutting of trees or shrubs, and discharging of
stormwater on the land within the following upland review areas is
a regulated activity:
Within 100 feet measured horizontally from all
tidal wetlands, minor and major wetlands and any minor or major watercourse.
If the overall slope of the upland review area
exceeds an average of a ten-percent grade, an additional 50 feet shall
be added to the horizontal width of the upland review area.
At its discretion, the Commission may rule that
any other activity located within such upland review area or in any
other nonwetlands or nonwatercourse area may have an adverse impact
on wetlands or watercourses and is a regulated activity.
Any wetlands and watercourse and their contiguous upland
review areas as defined in these regulations.
Includes, but shall not be limited to, drain, excavate, mine,
dig, dredge, suck, grub, clear cut timber, bulldoze, dragline 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, turbidity or taste.
The area so designated on the Official Inland Wetlands and
Watercourses Map, Town of Haddam.
Any activity, including, but not limited to, the following
activities, which the Commission determines 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 wetlands or watercourse system:
Any activity involving a deposition or removal
of material which will or may have a substantial effect on the wetlands
and watercourse area or on another part of the inland wetlands or
watercourse system; or
Any activity which substantially changes the
natural channel or may inhibit the natural dynamics of a watercourse
system; or
Any activity which substantially diminishes
the natural capacity of an inland wetlands or watercourse 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 wetlands or watercourse; or
Any activity which causes a substantial diminution
of either flow of a natural watercourse or groundwater levels of the
regulated area; or
Any activity which causes or has the potential
to cause pollution of a wetlands or watercourse; or
Any activity which destroys unique wetlands
or watercourse areas having demonstrable scientific or educational
value.
An individual duly qualified in accordance with standards
set by the Federal Office of Personnel Management.
The removal, from its established position in the earth,
of that part of a plant/tree remaining attached to the root after
the stem/trunk is cut.
Those lands which are inundated by water on a seasonal or
more frequent basis.
Watercourses that are distinguished by the dominance of wetlands
trees and shrubs.
Those wetlands regulated pursuant to C.G.S. §§ 22a-28
through 22a-35.
The Town of Haddam, Middlesex County, in the State of Connecticut.
Those nonwetlands and nonwatercourse areas in which certain
construction and landscape alteration activities may have a substantive
and/or adverse impact on the adjacent wetlands and watercourses and
are thereby regulated.
Sewage or any substance, liquid, gaseous, solid or radioactive,
which may pollute or tend to pollute any of the waters of the Town.
Rivers, streams, brooks, waterways, lakes, ponds, marshes,
swamps, bogs, and all other bodies of water, natural or artificial,
vernal, or continual flow or intermittent, public or private, which
are contained within, flow through or border upon the Town or any
portion thereof, not regulated pursuant to C.G.S. §§ 22a-28
to 22a-35, inclusive, as amended. Intermittent watercourses shall
be delineated by a defined permanent channel and bank and the occurrence
of two or more of the following characteristics:
Land, including submerged land, not regulated pursuant to
C.G.S. §§ 22a-28 to 22a-35, inclusive, which consists
of any of the soil types designated as poorly drained, very poorly
drained, alluvial, and floodplain by the National Cooperative Soils
Survey, as may be amended from time to time, of the Natural Resources
Conservation Service of the United States Department of Agriculture.
An individual employed by the Town of Haddam to act as the
designated agent for the Wetlands Commission to carry out its functions
and purposes.
A.
The map of regulated areas, entitled "Official Inland
Wetlands and Watercourses Map, Town of Haddam," delineates the general
location and boundaries of inland wetlands, the location of watercourses
and specifies the width of upland review areas. Copies of this map
are available for inspection in the Office of the Town Clerk. In all
cases, the precise location of regulated areas shall be determined
by the actual character of the land, the distribution of regulated
soil types, and locations of watercourses. Such determination shall
be made by field inspection and testing conducted by a certified soil
scientist where soil classifications are required or, where watercourse
determinations are required, by other qualified individuals.
B.
Any property owner who disputes the designation of
any part of his or her land as a regulated area on the Official Inland
Wetlands and Watercourses Map, Town of Haddam, may petition the Commission
to change the designation. All petitions for a map change shall be
submitted in writing and shall include all relevant facts and circumstances
which support the change. The petitioner shall provide proof that
the designation is inapplicable. Documentation in accordance with
§ 301-15 of these regulations may be required of the property
owner when the Commission requires an accurate delineation of regulated
areas.
C.
The Commission or its designated agent shall inventory
and maintain current records of all regulated areas within the Town.
The Commission may amend its map from time to time as information
becomes available relative to more accurate delineation of wetlands
and watercourses within the Town. Such map amendments are subject
to § 301-15 and to the public hearing process outlined in
§ 301-10 of these regulations.
A.
The following operations and uses shall be permitted
in regulated areas as of right:
(1)
Grazing, farming, nurseries, gardening and harvesting
of crops and farm ponds of three acres or less essential to the farming
operation. The provisions of this subsection shall not be construed
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 cropland, or the mining of topsoil, peat, sand, gravel
or similar material from wetlands or watercourses for the purposes
of sale.
(2)
A residential home on a subdivision lot approved by
the Town of Haddam Planning and Zoning Commission as of July 1, 1974,
provided the building permit was obtained on or before July 1, 1987.
The individual claiming a use of wetlands permitted as of right under
this subsection shall document the validity of said right by providing
a certified copy of the building permit and approved site plan showing
proposed and existing topographic contours, house and well locations,
septic system, driveways, approval dates or other necessary information
to document his entitlement.
(3)
Boat anchorage or mooring, not to include dredging
or dock construction.
(4)
Uses incidental to the enjoyment or maintenance of
residential property, such property defined as equal to or smaller
than the largest minimum residential lot site permitted anywhere in
the Town of Haddam 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 wetlands or watercourse, or diversion or
alteration of a watercourse.
(5)
Construction and operation, by water companies as
defined by C.G.S. § 16-1 by municipal water supply systems
as provided for in Chapter 102 of the Connecticut General Statutes,
of dams, reservoirs and other facilities necessary to the impound,
storage and withdrawal of water in connection with public water supplies
except as provided in C.G.S. §§ 22a-401 through 22a-410.
(6)
Maintenance of drain pipes within regulated areas,
under the following circumstances: (1) if pipes were in existence
on November 2, 1973; and (2) are located on property zoned residential
that does not contain certain hydrophytic vegetation such as cat-tails.
Maintenance means the removal of accumulated leaves, soil, and other
debris, whether by hand or machine, while the pipe remains in place.
B.
The following operations and uses shall be permitted
as nonregulated uses in wetlands and watercourses, provided they do
not disturb the natural and indigenous character of the wetlands or
watercourse by removal or deposition of material, alteration or obstruction
of water flow or pollution of the wetlands 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 trials, nature study, hiking, horseback riding,
swimming, skin and scuba diving, camping, boating, water skiing, trapping,
hunting, fishing, shell fishing and cross-country skiing where otherwise
legally permitted and regulated.
C.
All activities involving filling, excavation, dredging,
clear cutting, grading and excavation or any other alteration or use
of a wetlands, watercourse or upland review area not specifically
permitted by this section shall require a permit from the Commission
in accordance with § 301-6 of these regulations.
D.
Determination.
(1)
Any person proposing to carry out a permitted or nonregulated
operation or use of a wetlands, watercourse or upland review area
shall, prior to commencement of such operation or use, notify the
Commission by contacting the designated agent, or by form (pages 1
and 2 and applicant's signature of the permit application), and provide
the Commission with sufficient information to enable it to determine
that the proposed operation and use is a permitted or nonregulated
use.
(2)
The Commission may authorize its designated agent
to make the determination set forth in the preceding subsection. In
making such determination, the agent may consult with other land use
staff or the Chairman of the Commission. This determination will be
reported at the next regularly scheduled meeting and be reflected
in the meeting minutes.
A.
The Commissioner of Environmental Protection shall
have exclusive jurisdiction over regulated activities and other activities,
in or affecting wetlands or watercourses, undertaken by any department,
agency or instrumentality of the State of Connecticut, except any
local or regional board of education after an advisory decision on
such license or permit has been rendered to the Commissioner of Environmental
Protection by the Commission, or 35 days after receipt by the Commissioner
of Environmental Protection of such application, whichever comes first.
B.
In addition to any permit or approval required by
the Commission, the Commissioner of Environmental Protection shall
regulate activities in or affecting wetlands or watercourses subject
to the following jurisdiction:
(1)
Construction or modification of any dam pursuant to
C.G.S. §§ 22a-401 through 22a-410, as amended.
(2)
Construction or modification of any obstruction within
stream channel encroachment lines pursuant to C.G.S. §§ 22a-342
through 22a-349, as amended.
(3)
Construction or placement of any structure or obstruction
within the tidal, coastal or navigable waters of the state pursuant
to C.G.S. §§ 22a-359 through 22a-363 or in designated
tidal wetlands pursuant to C.G.S. §§ 22a-28 through
22a-35, as amended.
(4)
Diversion of water in excess of 50,000 gallons per
day or any surface waters of the state where the tributary watershed
area above the point of diversion is 100 acres or larger pursuant
to C.G.S. §§ 22a-365 through 22a-378, as amended.
(5)
Discharges into the waters of the state pursuant to
C.G.S. § 22a-430, as amended.
(6)
Discharge of fill or dredged materials into the wetlands
and watercourses of the state pursuant to Section 401 of the Federal
Clean Water Act, as amended, for activities regulated by the U.S.
Army Corps of Engineers under Section 404 of the Federal Clean Water
Act.
C.
The Commissioner of Environmental Protection shall
have exclusive jurisdiction over tidal wetlands designated and regulated
pursuant to C.G.S. §§ 22a-28 through 22a-35.
A.
No person shall conduct or maintain a regulated activity
in a regulated area, including the upland review area, without first
obtaining a permit for such activity from the Wetlands Commission.
Activities which are deemed significant by the Commission require
a public hearing.
B.
The Commission shall regulate any operation within
or use of a wetlands, watercourse or upland review area involving
removal or deposition of material, or any obstruction, construction,
alteration or pollution of such wetlands or watercourse and any other
regulated activity, unless such operation or use is permitted or nonregulated
pursuant to § 301-4 of these regulations.
C.
Any person found to be conducting or maintaining a
regulated activity without the prior authorization of the Commission,
or violating any other provision of these regulations, shall be subject
to the enforcement proceedings and penalties prescribed in § 301-14
of these regulations and any other remedies as provided by law.
D.
Under normal circumstances, applications which involve
the repair or replacement of an existing septic system in a regulated
area require a permit.
(1)
If the Wetlands Enforcement Officer or the Town Planner
determines that such activity is warranted before the application
can be presented to the Commission at its next regularly scheduled
meeting, and before the Commission can act under the time constraints
affecting submitted applications, action may be taken by the Wetlands
Enforcement Officer or the Town Planner, provided that the following
requirements are met:
(a)
A completed wetlands application will be submitted
for review and approval by the Wetlands Enforcement Officer and/or
Town Planner;
(b)
The new or repaired septic system causes no
greater impact on the regulated area than the preexisting system;
(c)
There shall be no increase in the number of
bedrooms, dwelling units, or any other component of use which would
constitute an increase in septic discharge, as determined under the
Connecticut Public Health Code;
(d)
The Sanitarian, or the Connecticut Department
of Health Services, as the case may be, has approved the design of
the proposed repair of replacement; and
(e)
All applicable requirements of these regulations,
such as required erosion and sedimentation control measures, are met.
(2)
Report of such action by the Wetlands Enforcement
Officer or the Town Planner must be made at and recorded in the Commission
meeting minutes.
A.
Application form.
(1)
Any person wishing to undertake a regulated activity
shall apply for a permit on a form entitled "Town of Haddam —
Application for a Wetlands Permit." An application shall include an
application form and such information as prescribed by Subsection
C and, in the case of a significant activity, by Subsection D of this
section. Application forms may be obtained in the offices of the Town
of Haddam Land Use Office.
(2)
It is the burden of the applicant to submit a complete
application and to demonstrate compliance with all criteria and requirements
of these regulations and, accordingly, the applicant may submit such
additional reports of information as may be required to satisfy that
burden. Any application found to be incomplete may be denied by the
Commission without prejudice to a future application.
B.
All applications shall contain such information as
is necessary for a fair and informed determination of the issues.
C.
All applications shall include the following information
in writing:
(1)
The applicant's name, home and business addresses
and telephone numbers, and the applicant's interest in the land.
(2)
The owner's name, address and telephone number and
written consent (signature) if the applicant is not the owner of the
property involved in the application.
(3)
Property address, project name (if any), Assessor's
map and lot numbers.
(4)
Description of the proposed activity.
(5)
A description of the alternatives to the proposed
activity that were considered, if any, and the reasons why the activity
set forth in the application was chosen. These alternatives may be
diagramed.
(6)
The size of the regulated area on the property upon
which activity is proposed, in square feet.
(7)
The size of wetlands and watercourses altered, in
acres or square feet.
(8)
The size of wetlands of watercourses newly created
(outside of existing wetlands), in acres or square feet.
(9)
The number of linear feet of stream alteration.
(10)
Authorization for the Commission members and
its designated agent(s) to inspect the property, at reasonable times,
both before and after a final decision has been issued.
(11)
Three site plan maps, described in the following
sections. Each map should be clear and informative. Depending on the
scope of the work proposed, hand-done sketch maps may be acceptable
for Maps 2 and 3; however, professional survey/engineering drawings
may be required. The list below includes information typically required
for properly describing an activity to the Commission, but the applicant
should include whatever additional information is helpful or appropriate.
(12)
All information to meet the requirements of
Section 22a-39-14 of the Regulations of Connecticut State Agencies,
Connecticut Department of Environmental Protection, Statewide Inland
Wetlands and Watercourses Activity Reporting Form, as amended.
(13)
The following maps and site plans. Maps 2 and
3 should include a North arrow and have a title block in the lower
righthand corner with the following information: name of the project
and/or street address; name of applicant/owner/developer; map scale;
name and signature of person who prepared the map and the date prepared.
(b)
Map 2: Site Plan/Boundaries Map; submit one
copy.
[1]
Scale: up to one inch equals 100 feet (If entire
map does not fit on a 24 inches by 36 inches sheet, scale can be reduced
to one inch equals 200 feet.).
[2]
Show the following:
[a]
Existing and proposed property
boundaries of the entire property, and proposed modifications and/or
subdivision thereof.
[b]
Approximate location of all regulated
areas currently existing on the property: wetlands, watercourses and
applicable upland review areas. (See Official Wetlands Map at the
Town Office Building or the Land Use Office for assistance.).
[c]
Location of existing/proposed buildings,
structures, roads (including logging roads), driveways, parking areas,
wells, septic systems, utility lines, and/or other uses.
[d]
Total acreage.
[3]
Note: Map 2 is not necessary if the entire property
can be shown on Map 3.
(c)
Map 3: Proposed Activity Map; submit three copies
showing proposed activity within regulated area(s).
[1]
Scale: one inch equals 40 feet or larger (e.g.,
one inch equals 20 feet), unless otherwise approved by the Commission.
[2]
Unless otherwise approved by the Commission,
the map shall be prepared by a licensed land surveyor, licensed by
the State of Connecticut, and compiled with the horizontal control
based upon a monumented Class A-2 boundary survey, and vertical control
for elevation based upon U.S. Geological Survey datum and the Connecticut
Coordinate Grid System, where possible under existing standards. Proposed
construction activity shall be drawn by a professional engineer licensed
in the State of Connecticut, or by such other person acceptable to
the Commission.
[3]
Show the following for the regulated areas on
the property where activity is proposed:
[a]
Regulated area (wetlands, watercourses,
upland review area) involved with the proposed activity. Unless otherwise
approved by the Commission, wetlands boundaries shall be determined
by a certified soil scientist and shown on the site plan. The site
plan shall include the signature of the soil scientist responsible
for locating the regulated area(s), and shall depict the flag locations
of the wetlands boundaries as they are marked in the field.
[b]
Location of existing and proposed
buildings, structures, septic systems, wells, roads (including logging
roads), driveways, parking areas, graveled areas, and/or other uses.
Indicate distance (in feet) from proposed activity to closest regulated
area.
[c]
Any easements and right(s)-of-way,
other pertinent features (e.g., significant ledge outcrops, stone
walls, percolation holes, test pits, etc.).
[d]
Edges and general areas of existing
and proposed vegetation (forest, field, lawn, clearing, etc.), properly
labeled.
[e]
Erosion and sedimentation measures
and/or other mitigative measures planned to protect wetlands and watercourses
from harmful discharges during or after the proposed activity.
[f]
If filling, grubbing, grading,
stumping, and/or excavating is proposed in a regulated area, show
proposed edge of area to be disturbed, and existing and proposed contours
at two-foot intervals. Indicate areas for placement of fill material
and/or material removed and any areas to be used for temporary storage
piles (e.g., topsoil, organic soil) and the sediment and erosion control
measures used; indicate type of material to be used for fill, if any,
and how the surface of the disturbed area will be stabilized.
[g]
If stormwater drainage systems
are proposed, include cross-section construction drawing(s) and drainage
computations/profiles based on ten- and twenty-five-year storms.
[4]
The appropriate filing fee based on the current
fee schedule established by Town ordinance shall be submitted.
D.
If the proposed activity is deemed a "significant
activity" by the Commission (as defined in § 301-2 of these
regulations), a public hearing and additional information (including
notice to adjacent property owners) is required; see § 301-10A
for details. Such information shall be based on the nature and anticipated
effects of the activity and shall include, but not be limited to,
the following items in Subsection D(1) through (8). Ten copies of
the complete application (including additional materials described
below) must be submitted.
(1)
Site plans for the proposed use or operation and the
property which will be affected, which show existing and proposed
conditions, wetlands and watercourse boundaries, upland review areas,
land contours, boundaries of landownership, proposed alterations and
uses of wetlands, watercourses and upland review areas, and other
pertinent features of the development drawn by a licensed surveyor,
professional engineer or architect registered in the State of Connecticut,
or by such other person acceptable to the Commission.
(2)
Engineering reports and analyses and additional drawings
to fully describe the proposed project and any filling, excavation,
drainage or hydraulic modifications to watercourses.
(3)
Wetlands will be delineated in the field by a soil
scientist, and such field delineation will be incorporated onto the
site plan. Mapping of soil types shall be consistent with the categories
established by the National Cooperative Soil Survey of the U.S. Soil
Conservation Service.
(4)
Description of the ecological communities (i.e., desirable
fisheries, wildlife habitat, or other biological life) and functions
of the wetlands or watercourses involved with the application and
describe how the proposed regulated activity affects the described
ecological communities and wetlands functions.
(5)
Drawings and descriptions of the alternatives to the
proposed activities and the effects of each alternative to the proposed
activities on the described ecological communities and wetlands or
watercourse functions, and explanations of why each alternative is
deemed neither feasible nor prudent.
(a)
In presenting alternatives, the applicant should
thoroughly review ways to minimize or avoid disturbance to the wetlands,
including the alternate locations, configurations, designs, design
parameters, and/or specifications that could serve that purpose, and
alternate ways to develop and make use of the wetlands or adjacent
land that might avoid the need for impact on the wetlands. Any conclusions
as to feasibility, infeasibility, or preference of one alternative
over the other given economic, engineering, environmental and permitting
constraints should be accompanied by the data that supports those
conclusions.
(b)
In weighing alternatives from an environmental
standpoint, preference should be given to those that result in the
least disturbance to the wetlands. To the extent feasible options
require disturbance of the regulated area, possible mitigation alternatives
should also be presented and analyzed, so as to demonstrate that the
proposal presented is the least intrusive and, with mitigation, either
achieves or comes as close as possible to achieving no net long-term
adverse effect on the wetlands system.
(6)
Analysis of chemical or physical characteristics of
any fill material.
(7)
Measures which mitigate the impact of the proposed
activity. Such measures include:
(a)
Plans or actions which prevent further destruction
and diminution of wetlands functions or the degradation of water quality
from present or future activities and from activities incidental to
the proposed uses, to include:
[2]
A construction plan that minimizes incidental
and temporary damage through such things as:
[a]
Protecting the tree canopy and maintaining as
much vegetation on site as possible.
[b]
Choosing equipment and techniques that limit
the area of disturbance, reduce soil compression and rutting or other
damage to soils, preclude oil spills or release of hazardous materials,
and minimize the need for and the extent and duration of water diversions.
[c]
Adopting excavation and soil management techniques
that limit damage to root systems, stockpile organic soils separately
from inorganic soils, protect, control and properly locate stockpiles,
and protect the wetlands resource.
[d]
Proper scheduling and sequencing of construction
to minimize work time, avoid wet times of year, and to assure that
the activity, noise, and any resulting temporary changes in water
quality and quantity have the least possible effect on wetlands functions
such as plant and animal habitat, fisheries and recreation.
[e]
Returning the site as much as possible to its
original condition through proper site remediation, reestablishment
of equivalent hydraulic conditions in the soil, and the careful replacement
of organic soils in temporarily affected areas whenever possible.
[f]
A marking, protection, and/or monitoring plan
for areas that are not to be impacted, through such means as:
[i]
Identifying, flagging and/or fencing
sensitive features that fall within the area where work is to take
place, but which are not to be disturbed.
[ii]
Clearly marking the edge of the
area of disturbance throughout the period of construction.
[iii]
Specific monitoring, inspection
and reporting measures as may be necessary to prevent damage to adjacent
resources.
[iv]
Permanently monumenting and protecting
the outer edge of wetlands and upland review areas in the vicinity
of areas to be cleared or developed.
[v]
Protective easements or covenants
that protect remaining regulated areas, or that limit the risk that
these might be adversely affected by adjacent uses.
(b)
Plans or actions which compensate for damage
in one part of the wetlands, or one function of a wetlands, through
improvements or better protection of others, such as:
[1]
Compensatory flood storage or retention (preferably
outside current wetlands) or other changes to preserve hydraulic characteristics
of the drainage.
[2]
Wildlife habitat improvements in one area to
compensate for reduced wildlife habitat in another.
[3]
Restoration of the area affected by the activity
in ways that add natural wetlands values that did not exist there
before.
[4]
Remediation of past damage, or permanent improvements
to stem chronic and unauthorized pollution, trashing, off-road vehicular
activity, etc. currently taking place on the property.
[5]
Easements, covenants or other land instruments
that improve the long-term protection of remaining wetlands, or enhance
the wetlands' value to the community by making it more accessible
for recreational, educational, or research purposes.
E.
The applicant shall certify whether:
(1)
Any portion of the property on which the regulated
activity is proposed is located within 500 feet of the boundary of
an adjoining municipality, so that the Commission may notify the Town
Clerk of that adjoining municipality before a decision is rendered.
(2)
When a public hearing is to be held on a pending application,
notice has been sent, by certified mail, to the owners of record of
adjacent land within 90 feet of the property boundary and all parties
of record of the public hearing, as described in § 301-10C.
(3)
Traffic attributable to the completed project on the
site will use streets within the adjoining municipality to enter or
exit the site.
(4)
Sewer or water drainage from the project site will
flow through and impact the sewage or drainage system within the adjoining
municipality.
(5)
Water run-off from the improved site will impact streets
or other municipal or private property within the adjoining municipality.
F.
Any application submitted pursuant to Section 8 of
the Connecticut General Statutes shall be guided by the application
requirements of this section of these regulations.
G.
Request to renew or extend expiration date.
(1)
Any request to renew or extend the expiration date
of a previously issued permit (see § 301-12G) shall be filed
with the Commission, on a form prescribed by the Commission (pages
1 and 2 of the permit application and applicant's signature), with
the appropriate background information listed below, not later than
65 days prior to the expiration date for the permit in accordance
with § 301-9D through H of these regulations. Upon timely
request for extension, the permit shall not expire until the Commission
acts upon the request.
(2)
Any request for renewal or extension shall be made
in accordance with this section, provided:
(a)
The application may incorporate the documentation and record of the
prior application.
(b)
The application shall describe the extent of work completed at the
time of filing and the schedule for completing the activities authorized
in the permit. The request shall state the reason why the authorized
activities were not initiated or completed within the time specified
in the permit.
(c)
The request shall describe any changes in facts
or circumstances involved with or affecting wetlands, watercourses,
or upland review areas on the property for which the permit was issued.
(d)
The request shall contain such information as
is necessary for a fair and informed determination of the issues.
(3)
The Commission may accept an untimely request to extend
the expiration date of a permit so long as the request is submitted
prior to the expiration date of the permit and only if the authorized
activity is ongoing. The Commission may allow the continuation of
work beyond the expiration date if, in its judgement, the permit is
likely to be extended and the public interest or environment will
be best served by not interrupting the activity. The request shall
describe the extent of work completed at the time of filing and the
schedule for completing the activities authorized in the permit.
(4)
Any such request shall be approved upon request of
the permit holder unless:
(5)
No request can be approved if the total period of
the initial permit plus renewals or extensions would exceed 10 years.
H.
Expired permits cannot be renewed.
I.
To obtain a permit for a new or reconstructed pond,
it is recommended that the following information be included in a
site plan with the permit application:
(1)
A topographical survey of the proposed pond site,
including property lines and buildings.
(2)
Proposed side slopes (3:1 are recommended, 4:1 slopes
out of the pond).
(3)
Size of the pond, width and depth.
(4)
A plan view and cross-sectional view of the proposed
pond, showing elevations of the pond bottom and water level.
(5)
Location of topsoil and spoil piles, with erosion
controls.
(6)
Identification of regulated wetlands areas by a qualified
soil scientist.
(7)
A narrative containing the following information:
amount of material to be removed and the new location of said material,
proposed measures to prevent erosion and sediment problems during
construction.
J.
For any
permit application involving property subject to a conservation restriction
or preservation restriction, the following shall apply:
(1)
For
purposes of this section, "conservation restriction" means a limitation,
whether or not stated in the form of a restriction, easement, covenant
or condition, in any deed, will or other instrument executed by or
on behalf of the owner of the land described therein, including, but
not limited to, the state or any political subdivision of the state,
or in any order of taking such land whose purpose is to retain land
or water areas predominantly in their natural, scenic or open condition
or in agriculture, farming, forest or open space use.
(2)
For
purposes of this section, "preservation restriction" means a limitation,
whether or not stated in the form of a restriction, easement, covenant
or condition, in any deed, will or other instrument executed by or
on behalf of the owner of the land, including, but not limited to,
the state or any political subdivision of the state, or in any order
of taking such land whose purpose is to preserve historically significant
structures or sites.
(3)
No
person shall file a permit application, other than for interior work
in an existing building or for exterior work that does not expand
or alter the footprint of an existing building, relating to property
that is subject to a conservation restriction or a preservation restriction
unless the applicant provides proof that the applicant has provided
written notice of such application, by certified mail, return receipt
requested, to the party holding such restriction not later than 60
days prior to the filing of the permit application.
A.
All applications shall be filed with the Town of Haddam
Land Use Office.
B.
In the case of any application where any portion of
the wetlands or watercourse on which the regulated activity is proposed
is located within 500 feet of the boundary of Chester, Durham, East
Haddam, East Hampton, Killingworth or Middletown, the applicant shall
given written notice, in accordance with C.G.S. § 22a-42c,[1] of the proposed activity, certified mail, return receipt
requested, to the adjacent municipal wetlands agency or commission
on the same day of filing an inland wetlands permit application with
the Town of Haddam Wetlands Commission. Documentation of such notice
shall be provided to the Haddam Wetlands Commission.
[1]
Editor's Note: Former C.G.S. § 22a-42c, relating
to notice of applications to adjacent municipalities regarding conduct
of regulated activities within 500 feet of their boundaries, was repealed
by P.A. 03-177, § 14. See now C.G.S. § 8-7d.
C.
When an application is filed to conduct or cause to
be conducted a regulated activity upon an inland wetlands or watercourse
within the Town, any portion of which is within the watershed of a
water supply company as defined in C.G.S. § 25-32a, the
applicant shall provide written notice of such application to the
water company, provided the water company has filed a map showing
the boundaries of the watershed on the land records in the Town. Such
notice shall be made by certified mail, return receipt requested,
and shall be mailed within seven days of the date of application.
The water company, through a representative, may appear and be heard
at any hearing on the application.
D.
Notification of adjoining municipalities.
(1)
The Commission shall, in accordance with C.G.S. 22a-42b,[2] notify the Clerk of any adjoining municipality of the
pendency of any application to conduct a regulated activity when:
(a)
Any portion of the property on which the regulated
activity is proposed is located within 500 feet of the boundary of
an adjoining municipality;
(b)
A significant portion of the traffic to the
completed project on the site will use streets within the adjoining
municipality to enter or exit the site;
(c)
A significant portion of the sewer or water
drainage from the project on the site will flow through and significantly
impact the drainage or sewage system within the adjoining municipality;
or
(d)
Water run-off from the improved site will impact
streets or other municipal or private property within the adjoining
municipality.
[2]
Editor's Note: Former C.G.S. § 22a-42b, relating
to notice to adjoining municipalities when traffic, sewer or water
drainage and water runoff will affect such municipalities, was repealed
by P.A. 03-177, § 14. See now C.G.S. § 8-7d.
(2)
Notice of the pendency of such application shall be
made by certified mail, return receipt requested, and shall be mailed
within seven days of the date of receipt of the application, petition,
request or plan. No hearing may be conducted on any application, petition,
request or plan unless the adjoining municipality has received the
notice required under this subsection. Such adjoining municipality
may, through a representative, appear and be heard at any hearing
on any such application, petition, request or plan.
E.
The date of receipt of any application shall be the
day of the regularly scheduled meeting of the Commission immediately
following the day of submission to the Commission, provided such meeting
is no earlier than three business days after the date of submission,
or 35 days after submission, whichever is sooner.
F.
At any time during the review period, the Commission
may require the applicant to provide additional information about
the regulated area or regulated activity which is the subject of the
application, or wetlands or watercourses affected by the regulated
activity.
G.
All applications shall be open for public inspection.
A.
General requirements.
(1)
The Commission shall not hold a public hearing on
applications unless the Commission determines that the proposed activity:
(a)
May have a significant impact on wetlands and/or
watercourses; or
(b)
The Commission finds that a public hearing regarding
such an application would be in the public interest; or
(c)
A petition signed by a least 25 persons requesting
a hearing is filed with the Commission not later than 14 days after
the date of receipt of such application (first meeting where the application
is placed on the agenda for consideration).
(2)
Such hearing shall be held no later than 65 days after
the receipt of such application by the Commission.
(3)
All applications and maps and documents relating thereto
shall be placed on file with the Commission through the Town of Haddam
Land Use Office at least 10 days before the date of the public hearing,
where they shall be available for public inspection.
(4)
Any person may appear and be heard at any public hearing
within the format outlined by the Commission for said hearing.
B.
Notice of the public hearing shall be published at
least twice at intervals of not less than two days, the first not
more than 15 days and not fewer than 10 days, and the last not less
than two days before the date set for the hearing, in a newspaper
having a general circulation in each town where the affected wetlands
and watercourse are located.
C.
The applicant shall give notice of the public hearing,
by certified mail, to the owners of record of adjacent land within
90 feet of the property boundary and all parties of record no less
than 10 days prior to the day of the hearing. Proof of such notification
shall be entered into the hearing record.
D.
In the case of any application which is subject to
the notification provisions of § 301-9D of these regulations,
a public hearing shall not be conducted if the Clerk of the adjoining
municipality(s) has not received notice of the pendency of the application.
Proof of such notification shall be entered into the hearing record.
A.
Items for consideration.
(1)
The
Commission may consider the following in making its decision on an
application:
(a)
The application and its supporting documentation.
(b)
Public comments, evidence and testimony from
a public hearing or meeting.
(c)
Reports from other agencies and commissions,
including but not limited to the Town of Haddam Conservation Commission,
Planning and Zoning Commission, Town Engineer, Building Inspector
and Public Health Official.
(d)
The Commission may also consider comments on
any application from the Middlesex County Soil and Water Conservation
District, the Midstate Regional Planning Agency or other regional
organizations; agencies in adjacent municipalities which may be affected
by the proposed activity, or other technical agencies or organizations
which may undertake additional studies or investigations.
(e)
Advice and evidence from its own experts or
experts hired by the Commission.
(2)
Nonreceipt of comments from agencies and commissions
listed above within the prescribed time shall neither delay nor prejudice
the decision of the Commission.
B.
Standards and criteria for decision. The Commission
shall consider all relevant facts and circumstances in making its
decision on any application for a permit, including but not limited
to the following:
(1)
The environmental impact of the regulated activity
on wetlands or watercourses, including the effects on the inland wetlands'
and watercourse's capacity to support fish and wildlife, to prevent
flooding, to supply and protect surface waters and groundwaters, to
control sediment, to facilitate drainage, to control pollution, to
support recreational activities, and to promote public health and
safety.
(2)
The applicant's purpose for and any feasible and prudent
alternatives to the proposed regulated activity for which alternatives
would cause less or no environmental impact to wetlands or watercourses
and which could feasibly attain the basic objectives of the activity
proposed in the application. This consideration should include, but
is not limited to, the alternative of taking no action, or postponing
action pending further study, and the alternative of requiring actions
of different nature which would provide similar benefits with different
environmental impacts, such as using a different location for the
activity.
(3)
The relationship between the short-term and long-term
impacts of the proposed regulated activity on wetlands and/or watercourses
and the maintenance and enhancement of long-term productivity of such
wetlands or watercourses, including consideration of the extent to
which the proposed activity involves trade-offs between short-term
environmental gains at the expense of long-term losses, or vice versa,
and consideration of the extent to which the proposed action forecloses
or predetermines future options.
(4)
Irreversible and irretrievable loss of wetlands or
watercourse resources which would be caused by the proposed regulated
activity, including the extent to which such activity would foreclose
a future ability to protect, enhance or restore such resources, and
any mitigation measures which may be considered as a condition of
issuing a permit for such activity, including, but not limited to,
measures to prevent or minimize pollution or other environmental damage,
maintain or enhance existing environmental quality, or, in the following
order of priority: restore, enhance and create productive wetlands
or watercourse resources. This requires recognition that the inland
wetlands and watercourses of the State of Connecticut are an indispensable,
irreplaceable and fragile natural resource, and that these areas may
be irreversibly destroyed by deposition, filling, and removal of material,
by the diversion, diminution or obstruction of water flow, including
low flows, and by the erection of structures and other uses.
(5)
The character and degree of injury to, or interference
with, safety, health, or the reasonable use of property, including
abutting or downstream property, which would be caused or threatened
by the proposed regulated activity, or the creation of conditions
which may do so. This includes recognition of potential damage from
erosion, turbidity, or siltation, loss of fish and wildlife and their
habitat, loss of unique habitat having demonstrable natural, scientific
or educational value, loss or diminution of beneficial aquatic organisms
and wetlands plants, the dangers of flooding and pollution, and the
destruction of the economic, aesthetic, recreational and other public
and private uses and values of wetlands and watercourses.
(6)
Impacts of the proposed regulated activity on wetlands
or watercourses outside the area for which the activity is proposed
and future activities associated with, or reasonably related to, the
proposed regulated activity which are made inevitable by the proposed
regulated activity and which may have an impact on wetlands or watercourses.
This requires a balancing of the need for the economic growth of the
state and the use of its land, with the need to protect its environment
and ecology for the people of the state and the benefit of generations
yet unborn.
(7)
Reasonable measures which would mitigate the impacts
of the regulated activity and which would prevent or minimize pollution
or other environmental damage, maintain or enhance existing environmental
quality, or, in the following order of priority, restore, enhance
and create productive wetlands or watercourse resources. Such measures
include, but are not limited to, actions which would avoid adverse
impacts or lessen impacts to wetlands and watercourses and which could
be feasibly carried out by the applicant and would protect or enhance
the wetlands' or watercourse's natural capacity to support fish and
wildlife, prevent flooding, supply water, control sedimentation, prevent
erosion, assimilate wastes, facilitate drainage, and provide recreation
and open space.
(8)
The extent to which an upland review area along wetlands
and watercourses, as specified on the Official Inland Wetlands and
Watercourses Map, Town of Haddam, has been preserved as a mitigation
measure to minimize long-term disturbances of the regulated area.
C.
In the case of any application which received a public
hearing, a permit shall not be issued unless the Commission finds,
on the basis of the record, that a feasible and prudent alternative
does not exist. Documentary evidence or other material not in the
hearing record shall not be considered by the Commission in its decision.
However, the Commission is not precluded from seeking advice from
its own experts on information already in the public record of the
public hearing. In making this finding, the Commission shall consider
the facts and circumstances set forth in this section. This finding
and the reasons therefor shall be stated on the record in the decision
of the Commission.
D.
A conclusion that a feasible and prudent alternative
does not exist does not create a presumption that a permit should
be issued. The applicant has the burden of demonstrating that his
application is consistent with the purposes and policies of these
regulations and C.G.S. §§ 22a-36 to 22a-45a, inclusive.
F.
The Wetlands
Commission shall not deny or condition an application for a regulated
activity in an area outside wetlands and watercourses on the basis
of an impact or effect on aquatic, plant or animal life unless such
activity will likely impact or affect the physical characteristics
of such wetlands and watercourses.
G.
In reaching
its decision on any application after a public hearing, the Agency
shall base its decision on the record of that hearing. Documentary
evidence or other material not in the hearing record shall not be
considered by the Agency in its decision.
H.
In case
of an application where the applicant has provided written notice
pursuant to § 301-7J(3) of these regulations, the holder
of the restriction may provide proof to the Wetlands Commission that
granting the permit application will violate the terms of the restriction.
Upon a finding that the requested land use violates the terms of such
restriction, the Wetlands Commission shall not grant the permit approval.
I.
In the
case of an application where the applicant fails to comply with the
provisions of § 301-7J(3) or J(4) of these regulations,
the party holding the conservation or preservation restriction may,
not later than 15 days from receipt of actual notice of permit approval,
file an appeal with the Wetlands Commission, subject to the rules
and regulations of such agency relating to appeals. The Wetlands Commission
shall reverse the permit approval upon a finding that the requested
land use violates the terms of such restriction.
A.
The Commission, or its duly authorized agent acting
pursuant to § 301-12 of these regulations, may grant, deny
or limit the application as filed; it may grant the regulated activity
upon other terms, conditions, limitations or modifications which are
designed to carry out the purpose and policies of the Act, as amended.
Such terms may include any reasonable measures which would mitigate
the impacts of the regulated activity and which would prevent or minimize
pollution or other environmental damage, maintain or enhance existing
environmental quality, or, in the following order of priority, restore,
enhance and create productive wetlands or watercourse resources.
B.
Public hearing.
(1)
No later than 65 days after receipt of an application,
but no earlier than 30 days after submission, the Commission may hold
a public hearing on such application. The hearing shall be completed
within 35 days of its commencement, and action shall be taken on applications
within 35 days after completion of a public hearing.
(2)
In the absence of a public hearing, action shall be
taken on applications within 65 days from the date of receipt of the
application.
(3)
The applicant may consent to one or more extensions
of the period specified in this subsection, provided the total extension
of any such periods shall not be longer than 65 days, or may withdraw
such application.
(4)
Failure of the Commission to act within the time period
specified in this subsection, or extension thereof, shall not be deemed
to constitute approval of the application.
C.
The Commission shall state upon its record the reasons
and bases for its decision and, in the case of any public hearing,
such decision shall be based fully on the record of such hearing and
shall be in writing.
D.
The Commission shall notify the applicant and any
named parties to the proceeding of its decision within 15 days of
the date of the decision by certified mail and the Commission shall
cause notice of its order in the issuance or denial of the permit,
in a newspaper having general circulation in the Town wherein the
inland wetlands or watercourse lies. In any case in which such notice
is not published within such fifteen-day period, the applicant may
provide for the publication of such notice within 10 days thereafter.
E.
If an activity authorized by the inland wetlands permit
also involves an activity or project which requires zoning or subdivision
approval, a special zoning permit, variance or special exception,
a copy of the decision and report on the application shall be filed
with the Town of Haddam Planning and Zoning Commission as soon as
reasonably possible.
F.
Permit denial; feasible alternatives.
(1)
If the Commission denies a permit, the application
shall not be resubmitted unless the proposal is modified in a fashion
that substantially changes the impacts which resulted in the denial.
Such submittal shall take the form of a new application.
(2)
In the case of an application which is denied on the
basis of a finding that there may be feasible and prudent alternatives
to the proposed regulated activity which have less adverse impact
on wetlands or watercourses, the Commission shall propose on the record,
in writing, the types of alternatives which the applicant may investigate;
this subsection shall not be construed to shift the burden from the
applicant to prove that he is entitled to the permit or to present
alternatives to the proposed regulated activity.
G.
Validity. Any permit issued under this section shall
be valid for not less than two years and not more than five years
(at the discretion of the Commission), except for the following:
(1)
Any permit issued for the development of property
for which an approval is required under C.G.S. § 8-3 (zone
change, certificate of compliance, site plan approval), or §§ 8-25
(subdivision) or 8-26 (resubdivision) shall be valid for five years,
provided the Commission may establish a specific time period within
which any regulated activity shall be conducted.
(3)
No permit may be valid for more than 10 years from
the original date granted.
H.
No permit shall be assigned, transferred, sublet or
sold without the written permission of the Commission.
I.
If a bond or insurance is required in accordance with
§ 301-13 of these regulations, no permit shall be issued
until such bond or insurance is provided.
J.
General provisions in the issuance of all permits
are as follows:
(1)
Prior to construction, a "Letter to Proceed" must
be obtained by the applicant. The Wetlands Enforcement Officer, or
other designated Land Use Office personnel, must be notified two weeks
prior to the beginning of construction. Verification of installed
soil and erosion control measures and compliance with all other permit
conditions, and, if the activity authorized by the wetlands permit
also involves an activity or a project which requires zoning or subdivision
approval, a special permit, variance or special exception, then approval
of same must be verified, must take place before a "Letter to Proceed"
will be given to the applicant and construction allowed to begin.
(2)
In evaluating this application, the agency has relied
on information provided by the applicant. If such information subsequently
proves to be false, deceptive, incomplete and/or inaccurate, this
permit shall be modified, suspended or revoked.
(3)
All work and regulated activities conducted pursuant
to this authorization shall be consistent with the terms and conditions
of this permit. Any structures, excavation, fill, obstructions, encroachments
or regulated activities not specifically identified and authorized
herein shall constitute a violation of this permit and may result
in its modification, suspension, or revocation. Upon initiation of
the activities authorized herein, the permittee thereby accepts and
agrees to comply with the terms and conditions of this permit.
(4)
Conditions involving wetlands.
(a)
Timely implementation and maintenance of sediment
and erosion control measures, as described in Guidelines for Soil
Erosion and Sediment Control — Connecticut, Revised 1988 (or
more current edition when available), are a condition of this permit.
All sediment and erosion control measures must be maintained until
all disturbed areas are stabilized. The permittee shall also employ
the best management practices, consistent with the terms and conditions
of this permit, to control stormwater discharges and to otherwise
prevent pollution of wetlands and/or watercourses.
(b)
The permittee shall immediately inform the Wetlands
Enforcement Officer (WEO) of any problems involving wetlands or watercourses
which have developed in the course of, or which are caused by, the
authorized work. The WEO is authorized to require additional erosion
and sedimentation controls or to modify methods and procedures as
may be required by field conditions. For information and technical
assistance, contact the WEO or the agency.
(5)
No equipment or material, including, without limitation,
fill, construction materials, or debris, shall be deposited, placed
or stored in any wetlands or watercourse on or off site unless specifically
authorized by this permit.
(6)
Plans for the ultimate disposal of excess material
to be removed from the site, if applicable, must be approved by the
WEO in advance of any such disposal.
(7)
Upon approval and signature of the Planning and Zoning
Commission, if applicable, the permittee shall deliver one set of
plans to the Town Building Department for the WEO.
(8)
Unless otherwise approved, all activity authorized
by this permit must be completed within one year of the date the activity
is started.
(9)
This authorization constitutes that required by C.G.S.
§ 22a-39, as amended.
(10)
This permit is subject to and does not derogate
any present or future property rights or other rights or powers of
the Town of Haddam and conveys no property rights in real estate of
material value nor any exclusive privileges, and is further subject
to any and all public and private rights and to any federal, state
or local laws or regulations pertinent to the property or activity
affected hereby.
A.
The Agency
may delegate to its duly authorized agent the authority to approve
or extend a license for an activity that is not located in a wetlands
or watercourse when such agent finds that the conduct of such activity
would result in no greater than a minimal impact on any wetlands or
watercourses, provided such agent has completed the comprehensive
training program developed by the Commissioner of Environmental Protection
pursuant to C.G.S. § 22a-39. Requests for such approval
shall be made on a form provided by the Agency and shall contain the
information listed under § 301-7E of these regulations and
any other information the Agency may reasonably require. Notwithstanding
the provisions for receipt and processing of applications prescribed
in §§ 301-8, 301-9 and 301-11 of these regulations,
such agent may approve or extend such an activity at any time.
B.
Any such
approval from such agent shall be published, within 10 days of the
date of such approval, as a notice of the approval in a newspaper
having a general circulation in the town wherein the activity is located
or will have an effect. Any person may appeal such decision of such
agent to the Agency within 15 days after the publication date of the
notice, and the Agency shall consider such appeal at its next regularly
scheduled meeting, provided such meeting is no earlier than three
business days after receipt by such Agency or its agent of such appeal.
Any person may appear and be heard at the meeting held by the Agency
to consider the subject appeal. The Agency shall, at its discretion,
sustain, alter, or reject the decision of its agent or require an
application for a permit in accordance with § 301-7 of these
regulations.
A.
Wetlands
protection bond.
(1)
Upon approval of the application and prior to issuance
of a permit, the applicant may, at the discretion of the Commission,
be required to file a wetlands protection bond (or other surety in
a form approved by the Commission). Said bond shall be filed a minimum
of 10 days prior to any construction activity or issuance of a permit
and shall have a minimum duration of one year from the beginning of
construction activities, said date being calculated from the date
on which a letter to proceed is issued by the Wetlands Enforcement
Officer.
(2)
The wetlands protection bond shall be conditioned
on compliance with all provisions of these regulations and the terms,
conditions and limitations established in the permit.
(3)
The wetlands protection bond may be in addition to
any and all bonds required by the Planning and Zoning Commission or
other Town of Haddam agency.
(4)
The amount and duration of all wetlands protection
bonds shall be set by the Wetlands Enforcement Officer, after consultation
with the Town Engineer, and approved by the Commission. The wetlands
protection bond shall be endorsed in favor of the Town of Haddam and
posted with the Land Use Office. Said wetlands protection bond shall
be in the form of cash, certified or cashier's check, or funds in
a passbook savings account and assigned to the Town of Haddam.
B.
The Commission may require the applicant to certify
that it has public liability insurance against any liability which
might result from the proposed operation or use of the wetlands or
watercourses and covering any and all damage to the wetlands or watercourses
which might occur within two years of completion of such operations.
The amount and duration of such insurance policy shall be determined
by the Commission.
A.
The Commission may appoint any agent to act in its
behalf with the authority to inspect property and issue notices of
violation or cease-and-desist orders and carry out other actions or
investigations necessary for the enforcement of these regulations.
B.
As a condition of a permit, even if one was not issued
or it has expired, the Commission or its agent may make regular inspections,
at reasonable hours, of all regulated activities for which permits
have been issued under these regulations.
C.
If the Commission or its duly authorized agent finds
that any person is conducting or maintaining any activity, facility
or condition which is in violation of the Act or these regulations,
the Commission or its duly authorized agent may:
(1)
Issue a written order, by certified mail, to such
person conducting such activity or maintaining such facility or condition
to immediately cease such activity or to correct such facility or
condition. Within 10 days of the issuance of such order the Commission
shall hold a hearing to provide the person an opportunity to be heard
and show cause why the order should not remain in effect. The Commission
shall consider the facts presented at the hearing and within 10 days
of the completion of the hearing notify the person by certified mail
that the original order remains in effect, that a revised order is
in effect, or that the order has been withdrawn. The original order
shall be effective upon issuance and shall remain in effect until
the Commission affirms, revises or withdraws the order. The issuance
of an order pursuant to this section shall not delay or bar an action
pursuant to C.G.S. § 22a-44(b), as amended. The Commission
may file a certificate of such order in the office of the Town Clerk,
who shall record such certificate on the land records. Such certificate
shall be released upon compliance with such order.
(2)
Suspend or revoke a permit if it finds that the applicant
has not complied with the terms, conditions or limitations set forth
in the permit or has exceeded the scope of the work as set forth in
the application, including application plans. Prior to revoking any
permit, the Commission shall issue notice to the permittee, personally
or by certified mail, return receipt requested, setting forth the
facts or conduct which warrants the intended action. At the public
hearing, the permittee shall be given an opportunity to show that
it is in compliance with its permit and any and all requirements for
retention of the permit. The permittee shall be notified of the Commission's
decision to suspend, revoke or maintain a permit by certified mail
within 15 days of its decision. The Commission shall publish notice
of the suspension or revocation in a newspaper having general circulation
in the municipality.
D.
Any person who commits, takes part in, or assists
in any violation of any provisions of these regulations, or as otherwise
set forth in C.G.S. §§ 22a-36 to 22a-45, inclusive,
as amended, shall be fined not more than $1,000 and/or be imprisoned
for not more than six months for each offense. Each violation shall
be a separate and distinct offense, and, in the case of a continuing
violation, each day's continuance thereof shall be deemed a separate
and distinct offense.
E.
The Commission may petition the Superior Court, in
accordance with C.G.S. § 22a-44(b), as amended, to assess
damages in the amount necessary to effect restoration of the affected
wetlands and watercourses.
A.
These regulations and the Official Inland Wetlands
and Watercourses Map, Town of Haddam may be amended, from time to
time, by the Commission in accordance with changes in the Connecticut
General Statutes or regulations of the State Department of Environmental
Protection, or as new information regarding soils and inland wetlands
and watercourses becomes available.
(1)
An application filed with the Commission which is
in conformance with the applicable Commission regulations as of the
date of receipt shall not be required thereafter to comply with any
change in these regulations, including changes to upland review areas,
taking effect on or after the date of receipt.
B.
These regulations and the Official Inland Wetlands
and Watercourses Map, Town of Haddam shall be amended in the manner
specified in C.G.S. § 22a-42a, as amended. The Commission
shall provide the Commissioner of Environmental Protection with a
copy of any proposed regulations and notice of the public hearing
to consider any proposed regulations or amendments thereto, except
determinations of boundaries, at least 35 days before the public hearing
on their adoption.
C.
Petitions requesting changes or amendments to the
Official Inland Wetlands and Watercourses Map, Town of Haddam shall
complete the permit application.
D.
Any person who submits a petition to amend the Official
Inland Wetlands and Watercourses Map, Town of Haddam shall bear the
burden of proof for all requested map amendments. Such proof may include,
but is not limited to, professional interpretation of aerial photography
and remote sensing imagery, resource mapping, soils mapping, or other
information acceptable to the Commission. Such documentation includes
a map of the land in question signed by a certified soil scientist
on which the flag locations defining the boundaries of the regulated
soil types are depicted. The map shall be compiled with the horizontal
control based upon a monumented Class A-2 boundary survey, and vertical
control for elevation based upon U.S. Geological Survey datum and
the Connecticut Coordinate Grid System, where possible under existing
standards. The map shall be prepared and sealed in accordance with
privilege afforded by the laws of the State of Connecticut to a licensed
land surveyor licensed in the State of Connecticut.
E.
Watercourses shall be delineated by a competent soil
scientist, geologist, ecologist or other individual satisfactory to
the Commission.
F.
A public hearing shall be held on petitions to amend
the Official Inland Wetlands and Watercourses Map, Town of Haddam.
Notice of the hearing shall be published in a newspaper having substantial
circulation in the municipality at least twice at intervals of not
less than two days, the first not more than 15 days nor less than
10 days, and the last not less than two days, before such hearing.
A copy of such proposed boundary change shall be filed in the office
of the Town Clerk for public inspection at least 10 days before such
hearing.
G.
Within 65 days after receipt of a complete petition
for a change in the mapped boundaries of any wetlands or watercourse,
the Commission shall hold a public hearing to consider the petition.
The hearing shall be completed within 35 days of commencement. The
Commission shall act upon the changes requested in such petition within
65 days after the hearing. The petitioner may consent to one or more
extensions of the periods specified in this section for the holding
of the hearing and for action on such petition, provided the total
extension of any such period shall not be for longer than 65 days,
or may withdraw such petition. The failure of the Commission to act
within any time period or extension shall not be deemed to constitute
approval of the petition.
H.
The Commission shall make its decision in writing
and state the reasons why the change in the Official Inland Wetlands
and Watercourses Map, Town of Haddam was made.
A.
If there
is a conflict between the provisions of these regulations, the provision
which imposes the most stringent standards for the use of wetlands
and watercourses shall govern. The invalidity of any word, clause,
sentence, section, part, subsection or provision of these regulations
shall not affect the validity of any other part which can be given
effect without such valid part or parts.
B.
If there
is a conflict between the provisions of these regulations and the
provisions of the Act, the provisions of the Act shall govern.
Nothing in these regulations shall obviate the
requirements for the applicant to obtain any other assents, permits
or licenses required by law or regulation by the Town of Haddam, State
of Connecticut and the government of the United States, including
any approval required by the Connecticut Department of Environmental
Protection and the U.S. Army Corps of Engineers. Obtaining such assents,
permits or licenses is the sole responsibility of the applicant.
A.
All fees required by the Town of Haddam shall be submitted
to the Land Use Office, or other designated office or official, by
cash or check, payable to the Town of Haddam, at the time the application
is submitted.
B.
No application shall be deemed complete or accepted
by the Commission unless the correct application fee is paid in full.
These regulations, including the Official Inland
Wetlands and Watercourses Map, Town of Haddam and amendments thereto,
shall become effective upon filing in the Office of the Town Clerk
and publication of a notice of such action in a newspaper having general
circulation in the Town of Haddam.