As used in these regulations, the following terms shall have
the meanings indicated:
ACT
The Inland Wetlands and Watercourses Act, §§ 22a-36
through 22a-45, inclusive, of the Connecticut General Statutes, as
amended.
AGRICULTURE
Shall be consistent with the definition as noted in § 1-1(q)
of the Connecticut General Statutes. (See "farming.")
BOGS
Watercourses distinguished by evergreen trees and shrubs
underlain by peat deposits, poor or very 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 Inland Wetlands and Watercourses Commission of the Town
of Ashford.
CONSERVATION RESTRICTION
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 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 agricultural, farming, forest or open space
use.
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.
DATE OF RECEIPT (petition, application, request or appeal)
The day of the next regularly scheduled meeting of the Commission
immediately following the day of submission to the Commission or its
agent of such petition, application, request or appeal or 35 days
after such submission, whichever is sooner.
DEPOSIT
Includes but shall not be limited to fill, grade, dump, place,
discharge, or emit.
DISCHARGE
Emission of any water, substance, or material into waters
of the state whether or not such substance causes pollution.
FARMING
Shall be consistent with the definition as noted in § 1-1(q)
of the Connecticut General Statutes. (See "agriculture" and Appendix
A.)
FEASIBLE
Able to be constructed or implemented consistent with sound
engineering principles.
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; and 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
Watercourses that 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, mud, debris, sand, refuse or waste.
NURSERIES
Places where plants are grown for sale, transplanting, or
experimentation.
PERMIT
The whole or any part of any license, permit, certificate
or approval or similar form of permission which may be required of
any person by the provisions of §§ 22a-36 to 22a-45,
inclusive.
PERMITTEE
The person to whom a license has been issued.
PERSON
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.
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.
PRESERVATION RESTRICTION
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 land, including but not limited
to the state or any political subdivision of the state, or in any
order of taking of such land whose purpose is to preserve historically
significant structures or sites.
PRUDENT
Economically and otherwise reasonable in light of the social
benefits to be derived from the proposed regulated activity, provided
that cost may be considered in deciding what is prudent, and further
provided that 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, but shall not include the specified activities in §
290-4 of these regulations. In addition, any removal or deposition of material or any obstruction, construction, alteration or pollution of an upland review area shall also be deemed a regulated activity.
REMOVE
Includes, but shall not be limited to, drain, excavate, mine,
dig, dredge, suck, 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
Any activity, including but not limited to the following
activities, which the Commission determines may have a major effect:
A.
Any activity involving deposition or removal of material which
will or may have a substantial effect on the wetland or watercourse
or on the wetlands or watercourses outside the area for which the
activity is proposed.
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 aquatic, plant or animal
life and habitats; 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 substantial diminution of flow of
a natural watercourse or groundwater levels of the wetland or watercourse.
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 Office of Personnel Management.
SUBMERGED LANDS
Those lands which are inundated by water on a seasonal or
more frequent basis.
SWAMPS
Watercourses that are distinguished by the dominance of wetland
trees and shrubs.
TOWN
The Town of Ashford.
WASTE
Sewage or any substance, liquid, gaseous, solid, or radioactive,
which may pollute or tend to pollute any of the wetlands and watercourses
of the Town.
WATERCOURSES
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 §§ 22a-28 through 22a-35, inclusive, of
the Connecticut General Statutes. Intermittent watercourses shall
be delineated by a defined permanent channel and bank and the occurrence
of two or more of the following characteristics:
A.
Evidence of scour or deposits of recent alluvium or detritus;
B.
The presence of standing or flowing water for a duration longer
than a particular storm incident; and
C.
The presence of hydrophytic vegetation.
WETLANDS
Land, including submerged land as defined in this section,
not regulated pursuant to §§ 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 National 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). 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 requirement for
the applicant to obtain any other assents, permits, or licenses required
by law or regulation by the Town of Ashford, 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.
These regulations are effective upon filing in the office of
the Town Clerk and publication of a notice of such filing in a newspaper
having general circulation in the Town of Ashford.