The following operations and uses shall be permitted in inland
wetlands and watercourses, as of right:
A. Grazing, farming, nurseries, gardening and harvesting
of crops and farm ponds of three acres or less essential to the farming
operation, and activities conducted by, or under the authority of
the Department of Environmental Protection for the purposes of wetland
or watercourse restoration or enhancement or mosquito control. The
provisions of this article 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
crop land, the mining of top soil, peat, sand, gravel or similar material
from wetlands or watercourses for the purposes of sale;
B. A residential home i) for which a building permit has been issued or ii) on a subdivision lot, provided the permit has been issued or the subdivision has been approved by the Planning Commission as of the effective date of promulgation of these regulations pursuant to Subsection
(b) of § 22a-42a, or as of July 1, 1974, which ever is earlier, and further provided no residential home shall be permitted as of right pursuant to this subdivision unless the building permit was obtained on or before July 1, 1987.
C. Boat anchorage or mooring.
D. 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 municipality. 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 onto a wetland
or watercourse, or diversion or alteration of a watercourse.
E. Construction and operation, by water companies as defined
by § 16-1 of the Connecticut General Statutes or 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 impounding, storage and withdrawal of water in connection with
public water supplies except as provided in §§ 22a-401
and 22a-403 of the Connecticut General Statutes.
F. Maintenance relating to any drainage pipe which existed
before the effective date of any municipal regulations adopted pursuant
to § 22a-42a of the Connecticut General Statutes or July
1, 1974, which ever is earlier, provided such pipe is on property
which is zoned as residential but which does not contain hydrophytic
vegetation. For purposes of this subdivision, "maintenance" means
the removal of accumulated leaves, soil, and other debris whether
by hand or machine, while the pipe remains in place.
The following operations and uses shall be permitted as non-regulated
uses in wetlands and watercourses, provided they do not disturb the
natural and indigenous character of the wetland or watercourse by
removal or deposition of material, alteration or obstruction of water
flow or pollution of the wetland or watercourse:
A. 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.
B. 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 and shell fishing and cross-country skiing where
otherwise legally permitted and regulated.
All activities in wetlands or watercourses involving filling, excavating, dredging, clear cutting, clearing, or grading or any other alteration or use of a wetland or watercourse not specifically permitted by this section and otherwise defined as a regulated activity by these regulations shall require a permit from the Agency in accordance with Article
VI of these regulations or for certain regulated activities located outside of wetlands or watercourses from the duly authorized Agent in accordance with Article
XII of these regulations.
To carry out the purposes of this section, any person proposing
a permitted operation and use, or a non-regulated operation and use
shall, prior to commencement of such operation or use, notify the
Agency on a form provided by it, and provide the Agency with sufficient
information to enable it to properly determine that the proposed operation
and use is a permitted or non-regulated use of the wetland or watercourse.
The Agency or its duly authorized Agent shall rule that the proposed
operation and use or portion of it is a permitted or a non-regulated
operation and use, or that the proposed operation and use is a regulated
activity and a permit is required. Such ruling shall be in writing
and shall be made no later than the next regularly scheduled meeting
of the Agency following the meeting at which the request was received.
The Agency may authorize the duly authorized Agent for the Agency
to make such rulings on behalf of the Agency at any time.