As used in these regulations, the following terms shall have
the meanings indicated:
ACT
The Inland Wetlands and Watercourses Act, Sections 22a-36
through 22a-45a, inclusive, of the Connecticut General Statutes, as
amended.
AGENCY
The Conservation, Inland Wetlands and Watercourses Commission
of the Town of Wolcott.
APPLICANT
Any person, as defined in this §
400-2, wishing to undertake as activity regulated by the Conservation, Inland Wetlands and Watercourses Commission of the Town of Wolcott.
BOGS
Areas distinguished by evergreen trees and shrubs underlain
by peat deposits, poor drainage, and highly acidic conditions.
CLEAR-CUTTING
The harvest of timber in a fashion which removes all trees
down to a two-inch diameter at breast height.
COMMISSION
The Conservation, Inland Wetlands and Watercourses Commission
of the Town of Wolcott.
COMMISSION MEMBER
A member of the Conservation, Inland Wetlands and Watercourses
Commission of the Town of Wolcott.
CONTINUAL FLOW
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.
DEPOSIT
Includes, but shall not be limited to, fill, grade, dump,
place, discharge or emit.
DESIGNATED AGENT
The Chairman of the Conservation, Inland Wetlands and Watercourses
Commission and/or any other individual(s) designated by the Conservation,
Inland Wetlands and Watercourses Commission to carry out its functions
and purposes.
DISCHARGE
Emission of any water, substance, or material into wetlands
or watercourses, whether or not such substance causes pollution.
FARMING
Use of land for the growing of crops, raising of livestock
or other agricultural use.
FEASIBLE
Able to be constructed or implemented consistent with sound
engineering principles.
LICENSE
The whole or 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
Conservation, Inland Wetlands and Watercourses Commission.
MANAGEMENT PRACTICE
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 watercourses; proper disposal of waste materials;
procedures for equipment maintenance to prevent fuel spillage; construction
methods to prevent flooding or disturbance of wetlands and watercourses;
procedures for maintaining continuous stream flows; confining construction
that must take place in watercourses to times when water flows are
low and fish and wildlife will not be adversely affected.
MARSHES
Areas with soils that exhibit aquatic moisture regimes and
are distinguished by the absence of trees and shrubs and the dominance
of soft-stemmed herbaceous plants. The water table in marshes is at
or above the ground surface throughout the year and areas of open
water six inches or more in depth are common, but seasonal water table
fluctuations are encountered.
MATERIAL
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.
NURSERIES
Land used for propagating trees, shrubs or other plants for
transplanting, sale, or for use as stock for grafting.
PERMIT
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 and the Act or other municipal,
state and federal law.
PERMITTEE
The person to whom a permit has been issued.
PERSON
Any person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including municipal
corporations, governmental agencies or subdivisions thereof.
POLLUTION
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
and sedimentation resulting from any filling, land clearing or excavation
activity.
PRUDENT
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.
REGULATED ACTIVITY
Any operation within or use of a wetland or watercourse involving removal or deposition of material, or any obstruction, construction, alteration or pollution of such wetlands or watercourses, and any earth moving, removal or deposition of material, obstruction, construction, clear-cutting or clearing and grubbing within areas of the Town prone to intermittent flooding and the areas adjacent to wetlands and watercourses located within the following horizontal distances of the wetlands and watercourses, not all of which may be specifically delineated on the maps entitled "Inland Wetlands and Watercourses Maps, Town of Wolcott, Connecticut" due to imperfections in printing and mapping scale, as well as within any area defined as an "Upland Review Area"; but shall not include the specified activities in §
400-4 of these regulations.
A.
New Britain Reservoir: 500 feet from the high water mark.
B.
Southington Reservoir #2: 500 feet from the high water mark.
C.
All watercourses feeding directly into the above-cited reservoirs:
100 feet from mid-channel.
D.
Chestnut Hill Reservoir: 100 feet from the high water mark.
E.
Scovill Reservoir: 100 feet from the high water mark.
F.
All watercourses and water bodies not listed above: 100 feet
from the boundary.
G.
Wetlands: 100 feet from the boundary.
REGULATED AREA
"Wetlands" and "watercourses" as defined in these regulations.
REMOVE
Includes, but shall not be limited to, drain, excavate, mine,
dig, dredge, suck, grub, clear cut timber, bulldoze, dragline or blast.
RENDERING UNCLEAN OR IMPURE
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.
SIGNIFICANT IMPACT ACTIVITY
Any activity, including, but not limited to, the following
activities which may have a major effect or significant impact:
A.
Any activity involving deposition or removal of material which
will or may have a major effect or significant impact on the regulated
area or on another part of the inland wetland or watercourse system.
B.
Any activity which substantially changes the natural channel
or may inhibit the natural dynamics of a watercourse system.
C.
Any activity which substantially diminishes the natural capacity
of an inland wetland 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 perform other functions.
D.
Any activity which is likely to cause or has the potential to
cause substantial turbidity, siltation or sedimentation in a wetland
or watercourse.
E.
Any activity which causes a substantial diminution of flow of
a natural watercourse or groundwater levels of the regulated area.
F.
Any activity which is likely to cause or has the potential to
cause pollution of a wetland or watercourse.
G.
Any activity which damages or destroys unique wetland or watercourse
areas or such areas having demonstrable scientific or educational
value.
SOIL SCIENTIST
An individual duly qualified in accordance with standards
set by the federal Bureau of Personnel Management.
SUBMERGED LANDS
Those lands which are inundated by water on a seasonal or
more frequent basis.
SWAMPS
Areas with soils that exhibit aquic moisture regimes and
are distinguished by the dominance of wetland trees and shrubs.
TOWN
The Town of Wolcott.
TRANSFER
The reallocation of a valid inland wetlands and watercourses
permit to conduct a regulated activity in a regulated area to a new
owner of the property on which the regulated activity is to occur.
A transfer permit is required.
UPLAND REVIEW AREA
Any area surrounding wetlands and watercourses, determined
by a municipal inland wetlands commission for the purpose of informing
the public and managing application reviews, in which commission regulation
shall be assumed until determined otherwise. While requiring a permit
for specified activities within defined upland review boundaries,
wetland commissions still maintain their authority to regulate proposed
activities located in more distant upland areas if they find that
the activities are likely to impact or affect a wetland or watercourse.
WASTE
Sewage or any substance, liquid, gaseous, solid or radioactive,
which may pollute or tend to pollute any of the wetlands or watercourses
of the Town.
WATERCOURSES
A.
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 the Town or any portion thereof not regulated
pursuant to Sections 22a-28 through 22a-35, inclusive, of the Connecticut
General Statutes.
B.
Intermittent watercourses shall be delineated by a defined permanent
channel and bank and the occurrence of two or more of the following
characteristics:
(1)
Evidence of scour or deposits of recent alluvium or detritus;
(2)
The presence of standing or flowing water for a duration longer
than a particular storm incident; and
(3)
The presence of hydrophytic vegetation.
WETLANDS
Land, including submerged land not regulated pursuant to
Sections 22a-28 to 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 National Cooperative
Soil Survey, as may be amended from time to time, of the Natural Resources
Conservation Service of the United States Department of Agriculture
(USDA). Such areas may include filled, graded, or excavated sites
which possess an aquic (saturated) soil moisture regime as defined
by the USDA Cooperative Soil Survey.
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 Wolcott, the State of
Connecticut or the government of the United States, including any
approval required by the Connecticut Department of Energy and Environmental
Protection and the U.S. Army Corps of Engineers. Obtaining such assents,
permits or licenses is the sole responsibility of the applicant.
The Commission and the Town Clerk for the Town of Wolcott shall
retain complete administrative records of Commission actions and dispose
of such records in accordance with the current retention/disposition
schedules maintained by the Connecticut State Library.
These regulations, including the Inland Wetlands and Watercourses
Maps, application forms, fee schedule 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 Wolcott.