Town of Willington, CT Chapter 304 Inland Wetlands and Watercourses Regulations

[HISTORY: Adopted by the Inland Wetlands and Watercourses Commission of the Town of Willington October 1986; amended through 9-14-2009. Subsequent amendments noted where applicable.[1]]

[1] Editor's Note: The codification of the Inland Wetlands and Watercourses Regulations as Chapter 304 of the Code of the Town of Willington was approved by the Inland Wetlands and Watercourses Commission on December 22, 2025, effective January 1, 2026.

§ 304-1 Findings; title; authority.

[Amended 12-22-2025, eff. 1-1-2026]

A. The inland wetlands and watercourses of the State of Connecticut are an indispensable and irreplaceable but fragile natural resource with which the citizens of the state have been endowed. The wetlands and watercourses are an interrelated web of nature essential to an adequate supply of surface and groundwater; 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 of 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, all of which have despoiled, polluted and eliminated wetlands and watercourses. Such unregulated activity has had, and will continue to have, a significant, adverse impact on the environment and ecology of the State of Connecticut and has and will continue to imperil the quality of the environment, thus adversely affecting the ecological, scenic, historic and recreational values and benefits of the state for its citizens now and forever more. The preservation and protection of the wetlands and watercourses from random, unnecessary, undesirable and unregulated uses, disturbance or destruction is in the public interest and is essential to the health, welfare and safety of the citizens of the state. It is, therefore, the purpose of these regulations to protect the citizens of the state by making provisions for the protection, preservation, maintenance and use of the inland wetlands and watercourses by minimizing their disturbance and pollution; maintaining and improving water quality in accordance with the highest standards set by federal, state or local authority; preventing damage from erosion, turbidity or siltation; preventing loss of fish and other beneficial aquatic organisms, wildlife and vegetation and the destruction of the natural habitats thereof; deterring and inhibiting the danger of flood and pollution; protecting the quality of wetlands and watercourses for their conservation, economic, aesthetic, recreational and other public and private uses and values; and protecting the state's potable freshwater supplies from the dangers of drought, overdraft, pollution, misuse and mismanagement 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 its environment and ecology in order to forever guarantee to the people of the state the safety of such natural resources for their benefit and enjoyment and for the benefit and enjoyment of generations yet unborn.

B. These regulations shall be known as the "Inland Wetlands and Watercourses Regulations of the Town of Willington."

C. The Willington Inland Wetlands and Watercourses Commission of the Town of Willington was established in accordance with an ordinance adopted April 7, 1986, and shall implement the purposes and provisions of these regulations and the Inland Wetlands and Watercourses Act[1] in the Town of Willington.

[1] Editor's Note: See C.G.S. §§ 22a-36 to 22a-45.

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 the Inland Wetlands and Watercourses Act and shall issue, issue with terms, conditions, limitations or modifications, or deny permits for all regulated activities in the Town of Willington pursuant to C.G.S. §§ 22a-36 to 22a-45, inclusive, as amended.

§ 304-2 Definitions.

As used in these regulations, the following definitions apply:

AGENCY

The Willington Inland Wetlands and Watercourses Commission or its designated agent.

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 products in a fashion which removes all species of trees down to a two-inch diameter at breast height.

COMMISSION MEMBER

A member of the Inland Wetlands and Watercourses Agency of the Town of Willington.

[Amended 12-22-2025, eff. 1-1-2026]

COMMISSIONER OF ENERGY AND ENVIRONMENTAL PROTECTION

The Commissioner of the State of Connecticut's Department of Energy and Environmental Protection.

CONSERVATION EASEMENT

An interest in land that is conveyed to the Town of Willington and recorded on the land records which restricts the use of land to its natural, scenic or open conditions.

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

An individual(s) designated by the Inland Wetlands and Watercourses Agency to carry out its functions and purposes.

[Amended 12-22-2025, eff. 1-1-2026]

DISCHARGE

Emission of any water, substance or material into waters of the Town, whether or not such substance causes pollution.

ESSENTIAL TO THE FARMING OPERATION

That the proposed activity is necessary and indispensable to sustain farming activities on the farm.

FARMING

Except as otherwise specifically defined, the words "agriculture" and "farming" shall include cultivation of the soil, dairying, forestry, raising or harvesting any agricultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, including horses, bees, the production of honey, poultry, fur-bearing animals and wildlife, and the raising or harvesting of oysters, clams, mussels, other molluscan shellfish or fish; the operation, management, conservation, improvement or maintenance of a farm and its buildings, tools and equipment, or salvaging timber or cleared land of brush or other debris left by a storm, as an incident to such farming operations, the production or harvesting of maple syrup or maple sugar, or any agricultural commodity, including lumber, as an incident to ordinary farming operations or the harvesting of mushrooms, the hatching of poultry, or the construction, operation or maintenance of ditches, canals, reservoirs or waterways used exclusively for farming purposes; handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market, or to a carrier for transportation to market, or for direct sale any agricultural or horticultural commodity as an incident to ordinary farming operations or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market or for direct sale. The term "farm" includes farm buildings, and accessory buildings thereto, nurseries, orchards, ranges, greenhouses, hoop houses and other temporary structures or other structures used primarily for the raising and, as an incident to ordinary farming operations, the sale of agricultural or horticultural commodities. The terms "agriculture" and "farming" do not include the cultivation of cannabis, as defined in C.G.S. § 21a-420. The term "aquaculture" means the farming of the waters of the state and tidal wetlands and the production of protein food, including fish, oysters, clams, mussels and other molluscan shellfish, on leased, franchised and public underwater farmlands. Nothing herein shall restrict the power of a local zoning authority under C.G.S. Chapter 124 [C.G.S. § 1-1(q)].

[Amended 12-22-2025, eff. 1-1-2026]

FEASIBLE

Able to be constructed or implemented consistent with sound engineering principles.

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.

LICENSE

The whole or any part of a permit, certificate of approval or similar form of permission which may be required of any person by the provisions of these regulations or the Act.

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 and 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.

MITIGATION

A. Any practice that prevents or minimizes pollution or other environmental damage;

B. Maintain or enhance existing environmental quality and wetland functions or values; or

C. In the following order of priority: restore, enhance and create productive wetland or watercourse resources.

MUNICIPALITY

The Town of Willington.

NURSERIES

Places where plants are grown for sale, transplanting, or experimentation.

PERMIT

The whole or 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 Inland Wetlands and Watercourses Agency.

[Amended 12-22-2025, eff. 1-1-2026]

PERMITTEE

The person to whom such permit has been issued.

PERSON

Any person, firm, partnership, association, corporation, limited liability corporation, company, organization, or legal entity of any kind, including municipal corporations, government agencies or subdivisions thereof.

POLLUTION

Harmful thermal effect or 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, but shall not include the activities specified in § 304-4 of these regulations. Furthermore, "regulated activity" includes any clearing, grubbing, filling, grading, paving, excavating, constructing, depositing or removal of material and/or discharging of stormwater on the land within the upland review area or where regulated activity will impact or affect the wetland or watercourse. See "upland review area."

REGULATED AREA

Any wetland or watercourse as defined in these regulations.

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 of the waters of the state, including, but not limited to, change in color, odor, turbidity or taste.

SIGNIFICANT IMPACT

Any activity, including, but not limited to, the following activities, which 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 watercourses or on 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 a 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.

THE ACT

Connecticut General Statutes §§ 22a-36 to 22a-45, inclusive, as amended.

TOWN

The Town of Willington.

UPLAND REVIEW AREA

Any area adjacent to a wetland or watercourse within 100 feet measured horizontally from the boundary of wetlands or watercourses, 150 feet from the Fenton River and its tributaries (including Stiles, Curtis, Eldredge, Fishers, Tinkerville and Kidder Brook) and the Willimantic River and its tributaries (including Roaring, Ruby, Conant, and South Willington Brook), and 250 feet from wetlands and watercourses with adjacent slopes of 15% or greater. The Commission may rule that any other activity located within such upland review area or in any other nonwetland or nonwatercourse area is likely to impact or affect wetlands or watercourses and is a regulated activity.

VERNAL POOL

Any watercourse that meets the following criteria:

A. It is a depression that is permanent or seasonal, containing water for approximately two months during the growing season.

B. It occurs within a confined depression or basin that lacks a permanent outlet stream.

C. It lacks any fish population.

D. It dries out most years, usually by late summer.

E. It supports the successful breeding and development of at least one of the following obligate animal species: wood frog, spotted salamander, Jefferson salamander/blue-spotted salamander complex, marbled salamander, or fairy shrimp.

WASTE

Sewage or any substance, liquid, gaseous, solid or radioactive, which may pollute or tend to pollute wetlands or watercourses or any waters 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 C.G.S. §§ 22a-28 through 22a-35, inclusive.

WETLANDS

Land, including submerged land as defined in this section, 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 Soil Survey, as may be amended from time to time, of the National Resources Conservation Service of the United States Department of Agriculture. Such areas may include filled, graded, or excavated sites which possess an aquic (saturated) soil moisture regime as defined by the United States Department of Agriculture National Cooperative Soil Survey.

§ 304-3 Inventory of inland wetlands and watercourses.

[Amended 12-22-2025, eff. 1-1-2026]

A. The map of wetlands and watercourses entitled "Inland Wetlands and Watercourses Map, Town of Willington, Connecticut" delineates the general location and boundaries of inland wetlands and the general location of watercourses. Copies of this map are available for inspection at the office of the Town Clerk or the Land Use Department. In all cases, the precise location of wetlands and watercourses shall be determined by the actual character of the land, the distribution of wetland soil types and location of watercourses. The Agency may use aerial photography, remote sensing imagery, resource mapping, soils maps, site inspection observations or other information in determining the location of the boundaries of wetlands and watercourses.

B. Any person may petition the Agency for an amendment to the map. 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 bear the burden of proof regarding the proposed map amendment. Such proof may include, but not be limited to, aerial photography, remote sensing imagery, resource mapping or other available information. The Agency may require such person to provide an accurate delineation of regulated areas in accordance with § 304-15 of these regulations.

C. The Agency shall maintain a current inventory of regulated areas within the Town. The Agency may amend its map as more accurate information becomes available.

D. All map amendments are subject to the public hearing process outlined in § 304-15 of these regulations.

§ 304-4 Permitted uses as of right and nonregulated uses.

[Amended 12-22-2025, eff. 1-1-2026]

A. The following operations and uses shall be permitted in inland wetlands and watercourses, 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, and activities conducted by, or under the authority of, the Department of Energy and Environmental Protection for the purposes of wetland or watercourse restoration or enhancement or mosquito control. 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 for which a building permit has been issued or on a subdivision lot, provided the permit has been issued or the subdivision has been approved by a municipal planning, zoning or planning and zoning commission as of the effective date of promulgation of the municipal regulations pursuant to C.G.S. § 22a-42a, Subsection (b), or as of July 1, 1974, whichever is earlier, and further provided no residential home shall be permitted as of right pursuant to this subsection unless the building permit was obtained on or before July 1, 1987. Any person claiming a use of wetlands permitted as a right under this subsection shall document the validity of said right by providing a certified copy of the building permit and a site plan showing proposed and existing topographic contours, house and well locations, septic system, driveway, approval dates or other necessary information to document his or her right hereunder;

(3) Boat anchorage or mooring;

(4) Uses incidental to the enjoyment and maintenance of a "residential property," such property defined as equal to or smaller than the largest minimum residential lot site permitted anywhere in the Town. 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 wetland or watercourse, or diversion or alteration of a watercourse;

(5) Construction and operation by water companies, as defined by C.G.S. § 16-1, or by municipal water supply systems as provided for in C.G.S. Chapter 102, 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 C.G.S. §§ 22a-401 and 22a-403; and

(6) Maintenance relating to any drainage pipe which existed before the effective date of any municipal regulations adopted pursuant to C.G.S. § 22a-42a or July 1, 1974, whichever is earlier, provided such pipe is on property which is zoned as residential but which does not contain hydrophytic vegetation. For purposes of this subsection, "maintenance" means the removal of accumulated leaves, soil, and other debris, whether by hand or machine, while the pipe remains in place.

B. Uses permitted as nonregulated uses in wetlands and watercourses.

(1) The following operations and uses shall be permitted as nonregulated uses in wetlands and watercourses:

(a) Conservation of soil, vegetation, water, fish, 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 diving, camping, boating, water skiing, trapping, hunting, fishing and cross-country skiing where otherwise legally permitted and regulated.

(2) The provisions of this subsection shall not be construed to include:

(a) Accumulation of stable, pigpen and chicken coop bedding and excrement of animals or fowls, except for the fertilization of agricultural cropland, and which may require a plan for containment and disposal.

(b) Storage of junk vehicles, fuel tanks or other structures that hold or once held petroleum products, toxic metals, pesticides, herbicides, fertilizers, solvents, sodium chlorides or other toxic chemicals.

C. All activities in wetlands or watercourses involving filling, 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 § 304-6 of these regulations or, for certain regulated activities located outside of wetlands and watercourses, from the duly authorized agent in accordance with § 304-12 of these regulations.

D. To carry out the purposes of this section, any person proposing to carry out a permitted operation and use or a nonregulated 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 nonregulated use of a wetland or watercourse. The Agency or its designated agent shall rule that the proposed operation and use or a portion of it is a permitted or nonregulated 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 designated agent for the Agency may make such ruling on behalf of the Agency at any time.

§ 304-5 Activities regulated exclusively by Commissioner of Environmental Protection.

A. The Commissioner of Environmental Protection shall have exclusive jurisdiction over regulated 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, pursuant to C.G.S. § 22a-39 or 22a-45a.

B. The Commissioner of Environmental Protection shall have exclusive jurisdiction over activities authorized under a dam repair or removal order issued by the Commissioner of Environmental Protection under C.G.S. § 22a-402 or a permit issued by the Commissioner of Environmental Protection under C.G.S. § 22a-403. Any person receiving such dam repair or removal order or permit shall not be required to obtain a permit from a municipal wetlands agency for any action necessary to comply with said dam order or to carry out the activities authorized by said permit.

C. The Commissioner of Environmental Protection shall have exclusive jurisdiction over the 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,[1] for activities regulated by the U.S. Army Corps of Engineers under Section 404 of the Federal Clean Water Act.[2]

[1] Editor's Note: See 33 U.S.C. § 1341.

[2] Editor's Note: See 33 U.S.C. § 1344.

§ 304-6 Permit required for regulated activities.

[Amended 12-22-2025, eff. 1-1-2026]

A. No person shall conduct or maintain a regulated activity without first obtaining a permit for such activity from the Inland Wetlands and Watercourses Agency of the Town of Willington.

B. Any person found to be conducting or maintaining a regulated activity without the prior authorization of the Agency, or violating any other provision of these regulations, shall be subject to the enforcement proceedings and penalties prescribed in § 304-14 of these regulations and any other remedies as provided by law.

C. Section 304-6A preceding shall not apply to emergency work in a regulated area which is immediately necessary to protect the health, safety and well-being of any person or to prevent imminent damage to personal or real property, providing the Agency is given immediate verbal notification and written notification within 48 hours of commencement of the work and within 48 hours of the completion of such work. Such emergency work shall be performed so as to cause the least change, modification, disturbance or damage to the regulated area. Every reasonable effort, as determined by the Agency, shall be made to restore the regulated area to its original, natural condition by the person conducting such necessary emergency work.

§ 304-7 Application requirements.

[Amended 12-22-2025, eff. 1-1-2026]

A. Any person intending to conduct a regulated activity or to renew or amend a permit to conduct such activity shall apply for a permit on a form provided by the Agency. The application shall contain the information described in this section and any other information the Agency may reasonably require. Application forms may be obtained in the office of the Agency.

B. If an application to the Town Planning and Zoning Commission for subdivision or resubdivision of land involves land containing a wetland or watercourse and a regulated activity is proposed, the applicant shall, in accordance with C.G.S. § 8-26, submit an application for a permit to the Commission, in accordance with this section, no later than the day the application is filed with such Planning and Zoning Commission. Even if no regulated activity is proposed, the applicant is required to submit such subdivision or resubdivision plans for review by the Commission no later than the day the application is filed with such Planning and Zoning Commission. Similarly, if an application to the Planning and Zoning Commission or Zoning Board of Appeals for site plan review or special permit involves a regulated activity, the applicant shall, in accordance with C.G.S. § 8-3(g) or 8-3c, as applicable, submit an application for a permit to the Commission, in accordance with this section, no later than the day the application is filed with such Planning and Zoning Commission or Zoning Board of Appeals.

C. The application shall contain information as is necessary for a fair and informed determination thereon by the Agency.

D. A prospective applicant may request the Agency to determine whether or not a proposed activity involves a significant impact activity.

E. Application information.

(1) All applications shall include the following information in writing or on maps or drawings:

(a) The applicant's name, home and business mailing addresses and telephone numbers; if the applicant is a limited liability corporation or a corporation, the managing member's or responsible corporate officer's name, address, and telephone number.

(b) The owner's name, mailing address and telephone number and written consent of the landowner if the applicant is not the owner of the land upon which the subject activity is proposed.

(c) The applicant's interest in the land.

(d) The site boundaries on a USGS 7.5-minute quadrangle map showing the geographical location of the land which is the subject of the proposed activity; a USDA Natural Resources Conservation Service map of the known soil type(s); a U.S. Fish and Wildlife Service wetland inventory map of wetlands types; and a description of the land in sufficient detail to allow identification of the inland wetlands and watercourses, the area(s) (in acres or square feet) of wetlands or watercourses to be disturbed, soil type(s), and wetland vegetation.

(e) The purpose and a description of the proposed activity and proposed erosion and sedimentation controls and other management practices and mitigation measures which may be considered as a condition of issuing a permit for the proposed regulated activity, including, but not limited to, measures to:

[1] Prevent or minimize pollution or other environmental damage;

[2] Maintain or enhance existing environmental quality; or

[3] In the following order of priority: restore, enhance and create productive wetland or watercourse resources.

(f) Alternative analysis which would cause less or no environmental impact to wetlands and watercourses and why the alternative as set forth in the application was chosen; all such alternatives shall be diagrammed on a site plan or drawing.

(g) A site plan showing the proposed activity and existing and proposed conditions in relation to wetlands and watercourses and identifying any further 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.

(h) Names and mailing addresses of adjacent landowners printed on mailing labels attached as a separate sheet, and a corresponding number of stamped envelopes.

(i) Statement by the applicant that the applicant is familiar with all the information provided in the application and is aware of the penalties for obtaining a permit through deception or through inaccurate or misleading information.

(j) Authorization for the members and agents of the Agency to inspect the subject land, at reasonable times, during the pendency of an application and for the life of the permit.

(k) A completed Department of Energy and Environmental Protection (DEEP) reporting form; the Agency shall revise or correct the information provided by the applicant and submit the form to the Commissioner of Energy and Environmental Protection in accordance with § 22a-39-14 of the Regulations of Connecticut State Agencies.

(l) Any other information the Agency or its agent deems necessary to understand what the applicant is proposing and to determine possible impacts to wetlands and/or watercourses.

(m) Submission of the appropriate filing fee based on the fee schedule established in § 304-19 of these regulations.

(2) All applications not containing the information listed in § 304-7E may be denied by the Agency.

F. All information submitted in the application shall be considered factual or, in the case of anticipated activity, binding. A knowing failure on the part of the applicant or any of his agents to provide correct information or performance exceeding the levels of anticipated activity shall be sufficient grounds for the revocation of any permit issued under these regulations in accordance with § 304-14E of these regulations.

G. 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;

(2) Traffic attributable to the completed project on the site will use streets within the adjoining municipality to enter or exit the site;

(3) Sewer or water drainage from the project site will flow through and impact the sewage or drainage system within the adjoining municipality; or

(4) Water runoff from the improved site will impact streets or other municipal or private property within the adjoining municipality.

H. Four copies of all application materials shall be submitted to comprise a complete application unless an applicant is otherwise directed, in writing, by the Agency.

I. Application for renewal or amendment of existing permit; incomplete applications; dismissal for lack of jurisdiction.

(1) Any application to renew or amend an existing permit shall be filed with the Department in accordance with § 304-8 of these regulations at least 65 days prior to the expiration date of the permit. Any application to renew or amend such an existing permit shall contain the information required under § 304-7 of these regulations, 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 time of filing and the schedule for completing the activities authorized in the permit.

(c) The application shall state the reason why the authorized activity was not initiated or completed within the time specified in the permit.

(d) The application shall describe any changes in facts or circumstances involved with or affecting wetlands or watercourses or use of the land for which the permit was issued, and the Agency may, prior to the expiration of a permit, accept an untimely application to renew such permit if the authorized activity is ongoing and allow the continuation of work beyond the expiration date if, in its judgment, the permit is likely to be renewed and the public interest or environment will be best served by not interrupting the activity.

(2) All applications not containing the information listed in § 304-7E will be considered incomplete and may be denied by the Agency.

(3) If the Agency finds, on the basis of the evidence before it, that a proposed activity or use does not involve a regulated activity as defined in § 304-6 of these regulations, the application shall be dismissed for lack of jurisdiction. This dismissal shall be subject to review by the Agency if it is later shown that a regulated activity is a consequence of that proposed activity. The Agency's decision shall be stated in writing and a copy sent to the applicant.

J. At the discretion of the Agency or its agent, or when the proposed activity may involve a significant impact, additional information, based on the nature and anticipated effects of the activity, including but not limited to the following, is required:

(1) Site plan. A map of the proposed use and the property which will be affected, drawn by a surveyor or professional engineer who must be licensed in the State of Connecticut. The map shall be at a scale to be determined by the Agency. The site plan shall include, but shall not be limited to, the following information, both existing and proposed, as applicable to the particular application:

(a) Contour intervals of not more than two feet or as specified by the Agency, showing both existing and proposed grades;

(b) Property lines and lines delineating the land to be used under the application, including construction-limit lines, flood-frequency lines, and channel and bulkhead lines;

(c) An arrow or compass rose indicating true North;

(d) All buildings, structures, streets, stone walls, fences, parking areas, loading areas and rights-of-way;

(e) Locations on or within 200 feet of the subject parcel of any regulated area (including the upland review area a minimum 100 feet from the wetland or watercourse) as defined by these regulations or as specified by the Agency;

(f) Locations of all boring and soil sample data presented by the applicant and documented by a soil scientist;

(g) Locations of all dug or drilled water supply wells located on or within 200 feet of the subject parcel;

(h) All drainage, including footing drains, storm drainage, sanitary sewage disposal, water supply facilities and other utilities;

(i) Areas where material is intended to be deposited, removed or displaced;

(j) All construction within the regulated area;

(k) Significant vegetation which has one or more of the following functions: erosion control, terrestrial and aquatic wildlife habitat, or historical, recreational or educational significance;

(l) Landscaping, including trees and/or shrubs, lawn, other landscape features and natural terrain not to be disturbed;

(m) A vicinity sketch showing the general location of the area in which the regulated activity is proposed, in sufficient detail to allow identification of the property on the designated Inland Wetlands and Watercourses Map of the Town of Willington, Connecticut, and which includes identification of any adjoining municipality within 500 feet of the property;

(n) All soil erosion and sediment control practices necessary to stabilize the site during and after the conduct of a regulated activity, and their location;

(o) A general site plan of the project at the scale of 1:100, showing all wetlands on the entire parcel and showing the upland review area of a minimum of 100 feet from the wetland or watercourse;

(p) Plans, maps and documents submitted as part of an application shall not be larger than 24 inches by 36 inches including margins unless specified by the Agency; and

(q) Mapping of soil types consistent with the categories established by the National Cooperative Soil Survey of the U.S. Natural Resources Conservation Service; the wetlands shall be delineated in the field by a soil scientist and the soil scientist's field delineation shall be depicted on the site plans.

(2) Soil sample data. If the parcel lies within or partly within an area believed to contain poorly drained, very poorly drained, alluvial, or floodplain soils, the data shall show precisely where each specific soil type is found. Soil types identified must be consistent with the categories established by the National Cooperative Soil Survey of the USDA Natural Resources Conservation Service.

(3) A description of the ecological communities and functions of the wetlands or watercourses involved with the application and the effects of the proposed activity on these communities and wetland functions. The applicant may be required to submit a biological evaluation of that wetland or watercourse, including, but not limited to:

(a) The terrestrial and aquatic "dominant" botanical species, rare species and height, age classes and density of vegetation;

(b) The terrestrial and aquatic animal life;

(c) The habitat value of the wetland or watercourse for all indigenous and/or migratory terrestrial and/or aquatic wildlife species;

(d) Depth to water table or level of water if inundated; and

(e) Date of field determination of these data.

(4) A description of how the applicant will change, diminish, or enhance the ecological communities and functions of the wetlands or watercourses involved with the application and each alternative which would cause less or no environmental impact to wetlands or watercourses, and a description of why each alternative considered was deemed neither feasible nor prudent.

(5) Analysis of material to be deposited. The applicant may be required to describe any materials to be deposited or relocated on the site in terms of volume, composition, and the possibility of erosion or leaching from deposited materials. The applicant may also be required to estimate the probable environmental impact of the deposition of materials on the affected inland wetlands or watercourses.

(6) Watercourse characteristics. If the proposed activity may affect a watercourse lying within, partly within, or flowing through or adjacent to the affected property, the applicant may be required to submit information relative to the present character and the projected impact of the proposed activity upon the watercourse.

(7) A description of the proposed construction or the erection of structures on the affected property, including blueprints and engineering and architectural plans or designs, where available or reasonably attainable. Such descriptions shall include the purposes of such construction or activity.

(8) Where the facilities of the watercourses are inadequate to accommodate the design flows, such facilities must be upgraded or the peak flow of stormwater runoff controlled so as not to exceed the peak flow from the area in its former state. A system for the storage and controlled rate of release with on-site detention shall be required.

(9) Engineering reports and analyses and additional drawings to fully describe the proposed activity, including any filling, excavation, drainage or hydraulic modifications to watercourses and the proposed erosion and sedimentation control plan.

(10) Management practices and other measures designed to mitigate the impact of the proposed activity.

(11) A list of other property owners and their addresses whose rights or interests may be or will be affected by the proposed activity.

K. Any application to renew a permit shall be granted upon request of the permit holder unless the Agency finds that there has been a substantial change in circumstances which requires a new permit application or an enforcement action has been undertaken with regard to the regulated activity for which the permit was issued, provided no permit may be valid for more than 10 years.

L. For any permit application involving property subject to a conservation restriction or preservation restriction, the following shall apply:

(1) For purposes of this subsection, "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 agricultural, farming, forest or open space use.

(2) For purposes of this subsection, "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 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 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 restrictions not later than 60 days prior to the filing of the permit application.

(4) In lieu of such notice pursuant to § 304-7L(3) of these regulations, the applicant may submit a letter from the holder of such restriction or from the holder's authorized agent verifying that the application is in compliance with the terms of the restriction.

M. Sediment and erosion control requirements for regulated areas. The following regulations are designed to facilitate inspection and to ensure protection of regulated areas during development of the surrounding nonregulated areas:

(1) A soil scientist must identify wetland/watercourse boundaries, clearly marked with consecutive numbered flags corresponding to the site plan and remaining in place for the duration of the permitting process and site development;

(2) Any alteration of subdivision plans or planned procedures affecting regulated areas, wetlands or watercourses that occurs at the time of an application for a building permit or during the process of subdivision approval or on-site construction must be submitted to the Agency. Failure to inform the Agency may result in revocation of the permit in accordance with § 304-14E of these regulations;

(3) All sediment and erosion control plans that affect regulated areas must be reviewed and signed by the Zoning Agent at the time of application for a building or demolition permit. A signed copy of those plans must be presented to the Agency for approval before any site disruption can take place;

(4) Any logging/tree-cutting operation involving a wetland crossing, road construction, clear-cutting or impact on a regulated area may require a permit and an approved sediment and erosion control plan;

(5) Long term maintenance plans for permanent sediment/erosion control devices are to be submitted for final approval to the Planning and Zoning Commission but must be reviewed by the Agency if there is a likelihood of impact on a regulated area; and

(6) A cash performance bond payable to the Town of Willington may be required to ensure compliance with sediment and erosion control plans and the implementation and maintenance of the devices employed.

§ 304-8 Application procedures.

[Amended 12-22-2025, eff. 1-1-2026]

A. All petitions, applications, requests or appeals shall be submitted to the Town of Willington Inland Wetlands and Watercourses Commission.

B. Notice.

(1) The Agency shall, in accordance with C.G.S. § 8-7d(f), notify the Clerk of any adjoining municipality of the pendency of any application, petition, appeal, request or plan concerning any project on any site in which:

(a) Any portion of the property affected by a decision of the Agency is 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 sewerage system within the adjoining municipality; or

(d) Water runoff from the improved site will impact streets or other municipal or private property within the adjoining municipality.

(2) In the case of any application where any portion of the wetland or watercourse on which the regulated activity is proposed is located within 500 feet of the boundary of the Towns of Ashford, Coventry, Ellington, Mansfield, Stafford, Tolland, or Union, the applicant must give written notice of the proposed activity, certified mail, return receipt requested, to the adjacent municipal wetland agency on the same day of filing an inland wetland permit application with the Agency. Documentation of such notice must be provided to the Agency in order for the application to be deemed complete.

C. When an application is filed to conduct or cause to be conducted a regulated activity upon an inland wetland or watercourse, any portion of which is within the watershed of a water company as defined in C.G.S. § 25-32a, the applicant shall provide written notice of the application to the water company and the Department of Public Health and determine if the project is within the watershed of a water company by consulting the maps posted on said Agency's internet website showing the boundaries of the watershed. Such applicant shall send such notice to the water company by certified mail, return receipt requested, and to said Agency by electronic mail to the electronic mail address designated by the Agency on its internet website for receipt of such notice. Such applicant shall mail such notice not later than seven days after the date of the application. The water company and the Commissioner of Public Health, through a representative, may appear and be heard at any hearing on the application.

D. The date of receipt of a petition, application, request or appeal shall be the day of the next regularly scheduled meeting of the Agency, immediately following the day of submission to the Agency or its agent of such petition, application, request or appeal or 35 days after such submission, whichever is sooner.

E. At any time during the review period, the applicant shall provide such additional information as the Agency may reasonably require. Requests for such additional information shall not stay the time limitations as set forth in § 304-11B of these regulations.

F. All applications shall be open for public inspection. The filing of an application with the Agency shall be deemed to constitute permission by the applicant for the Agency or its agents to enter onto the subject property for the purpose of inspections and tests, and, if the Agency designates a formal site walk, such permission shall allow the general public, in company with the Agency only, to inspect such property.

G. Incomplete applications may be denied. It is the burden of the applicant to submit a complete application and to demonstrate compliance with all criteria and requirement of these regulations, and, accordingly, the applicant may submit such additional reports or information as may be required to satisfy that burden.

§ 304-9 Public hearings.

[Amended 12-22-2025, eff. 1-1-2026]

A. The Inland Wetlands and Watercourses Agency shall not hold a public hearing on an application unless the Inland Wetlands and Watercourses Agency determines that the proposed activity may have a significant impact on wetlands or watercourses, a petition signed by at least 25 persons who are 18 years of age or older and who reside in the municipality in which the regulated activity is proposed requesting a hearing is filed with the Agency not later that 14 days after the date of receipt of the such application, or the Agency finds that a public hearing regarding such application would be in the public interest. The Agency may issue a permit without a public hearing, provided no petition provided for in this subsection is filed with the Agency on or before the 14th day after the date of receipt of the application. Such hearing shall be held no later than 65 days after the receipt of such application. All applications and maps and documents relating thereto shall be open for public inspection. At such hearing any person or persons may appear and be heard.

B. Notice of the hearing shall be published at least twice in 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 wetland and watercourse is located.

C. Notice of the public hearing shall be mailed no less than 20 days prior to the date of the hearing to the owner(s) of record of abutting land and all parties of record as indicated in the records of the Town Assessor. Responsibility for furnishing the correct names and addresses of abutting landowners rests entirely with the applicant. Notices returned to the Agency by the post office will allow the Agency, in its discretion, to find the application incomplete, and the application may be denied as in § 304-7E.

D. In the case of any application which is subject to the notification provisions of § 304-8C of these regulations, proof of such notification shall be entered into the hearing record.

§ 304-10 Considerations and criteria for decisions.

[Amended 12-22-2025, eff. 1-1-2026]

A. Considerations.

(1) The Agency may consider the following in making its decision on an application:

(a) The application and its supporting documentation.

(b) Reports from other agencies and commissions, including, but not limited to, state and federal agencies and the Town of Willington:

[1] Conservation Commission;

[2] Planning and Zoning Commission;

[3] Building Official;

[4] Health Official; or

[5] Town Engineer.

(c) For an application for which a public hearing is held, public comment, evidence and testimony.

(2) The Agency may also consider comments on any application from the Tolland County Soil and Water Conservation District, the Windham Regional Planning Agency or other regional organizations (i.e., Council of Elected Officials), 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.

(3) Nonreceipt of comments from agencies and commissions listed in Subsection A(1)(b) and (2) above within the prescribed time shall neither delay nor prejudice the decision of the Agency.

B. Criteria for decision. In carrying out the purposes and policies of C.G.S. §§ 22a-36 to 22a-45, inclusive, including matters relating to regulating, licensing and enforcing of the provisions thereof, the Agency shall take into consideration all relevant facts and circumstances, including, but not limited to:

(1) The environmental impact of the proposed regulated activity on wetlands or watercourses;

(2) The applicant's purpose for, and any feasible and prudent alternatives to, the proposed regulated activity, which alternatives would cause less or no environmental impact to wetlands or watercourses;

(3) The relationship between the short-term and long-term impacts of the proposed regulated activity on wetlands or watercourses and the maintenance and enhancement of long-term productivity of such wetlands or watercourses;

(4) Irreversible and irretrievable loss of wetland 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:

(a) Prevent or minimize pollution or other environmental damage;

(b) Maintain or enhance existing environmental quality and wetland functions and values; or

(c) In the following order of priority: restore, enhance and create productive wetland or watercourse resources;

(5) The character and degree of injury to, or interference with, safety, health or the reasonable use of property which is caused or threatened by the proposed regulated activity. This includes recognition of potential damage from erosion turbidity or siltation; loss of fish and other beneficial aquatic organisms, wildlife and vegetation; the dangers of flooding and pollution; and destruction of the economic, aesthetic, recreational and other public and private uses and values of wetlands and watercourses; and

(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.

C. In the case of an application which received a public hearing pursuant to a finding by the Agency that the proposed activity may have a significant impact on wetlands or watercourses, a permit shall not be issued unless the Agency finds on the basis of the record that a feasible and prudent alternative does not exist. In making this finding, the Agency shall consider the facts and circumstances set forth in Subsection B of this section. The finding and the reasons therefor shall be stated on the record, in writing.

D. 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 Agency shall propose on the record, in writing, the types of alternatives which the applicant may investigate, provided 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.

E. For purposes of this section, "wetlands and watercourses" includes aquatic, plant or animal life and habitats in wetlands or watercourses, and "habitats" means areas or environments in which an organism or biological population normally lives or occurs.

F. A municipal inland wetlands agency shall not deny or condition an application for a regulated activity in an area outside wetlands or 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 or 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. 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-45, inclusive.

H. In the case of an application where the applicant has provided written notice pursuant to § 304-7L(3) of these regulations, the holder of the restriction may provide proof to the Agency that granting of 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 Agency shall not grant the permit approval.

I. In the case of an application where the applicant fails to comply with the provisions of § 304-7L(3) or (4) of these regulations, the party holding the conservation or preservation restriction may, not later than 15 days after receipt of actual notice of permit approval, file an appeal with the Agency, subject to the rules and regulations of such Agency relating to appeals. The Agency shall reverse the permit approval upon a finding that the requested land use violates the terms such restriction.

§ 304-11 Decision process and permit issuance.

[Amended 12-22-2025, eff. 1-1-2026]

A. The Agency, or its duly authorized agent acting pursuant to § 304-12 of these regulations, may, in accordance with § 304-10 of these regulations, grant the application as filed; or grant it upon other terms, conditions, limitations or modifications of the regulated activity designed to carry out the purposes and policies of the Act; or deny the application. Such terms may include any reasonable measures which would mitigate the impacts of the regulated activity and which would:

(1) Prevent or minimize pollution or other environmental damage;

(2) Maintain or enhance existing environmental quality; or

(3) In the following order of priority: restore, enhance and create productive wetland or watercourse resources.

B. No later than 65 days after receipt of an application, the Agency may hold a public hearing on such application. At such hearing, any person or persons may appear and be heard and may be represented by agent or attorney. The hearing shall be completed within 35 days of its commencement. Action shall be taken on applications within 35 days of completion of a public hearing. In the absence of a public hearing, action shall be taken on applications within 65 days of the date of receipt of the application. The applicant may consent to one or more extensions of the periods specified in this subsection for the holding of the hearing and for action on such application, provided the total extension of any such period shall not be for longer than 65 days, or may withdraw the application. The failure of the Agency to act within any time period specified in this subsection, or any extension thereof, shall not be deemed to constitute approval of the application. An application deemed incomplete by the Agency shall be withdrawn by the applicant or denied by the Agency.

C. The Agency shall state upon its record the reasons and bases for its decision.

D. The Agency shall notify the applicant and any person entitled to such notice of its decision within 15 days of the date of the decision by certified mail, return receipt requested, and the Agency shall cause notice of its order in the issuance or denial of the permit to be published in a newspaper having general circulation in the town wherein the inland wetland 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 an inland wetland permit also involves an activity which requires a zoning or subdivision approval, special zoning permit, or variance or special exception under C.G.S. § 8-3(g), 8-3c, or 8-26, the Agency shall file a copy of the decision and report on the application with the Town of Willington Planning and Zoning Commission within 15 days of the date of the decision thereon.

F. Any permit issued by the Agency for the development of land for which an approval is required under C.G.S. § 8-3, 8-25 or 8-26 shall be valid for five years, provided the Agency may establish a specific time period within which any regulated activity shall be conducted. Any permit issued by the Agency for any other activity shall be valid for not less than two years and not more than five years.

G. No permit issued by the Agency shall be assigned or transferred without the written permission of the Agency.

H. If a bond or insurance is required in accordance with § 304-13 of these regulations, the Agency may withhold issuing the permit until such bond or insurance is provided.

I. General provisions in the issuance of all permits.

(1) The Agency has relied in whole or in part on information provided by the applicant and if such information subsequently proves to be false, deceptive, incomplete or inaccurate, the permit may be modified or suspended or it may result in revocation of the permit in accordance with § 304-14E of these regulations.

(2) All permits issued by the Agency are subject to and do not derogate any present or future rights or powers of the Agency or the Town of Willington, and convey no rights in real estate or material nor any exclusive privileges, and are further subject to any and all public and private rights and to any federal, state, and municipal laws or regulations pertinent to the subject land or activity.

(3) If the activity authorized by the Agency's permit also involves an activity which requires zoning or subdivision approval, special permit, variance or special exception under C.G.S. § 8.3(g), 8-3c, or 8-26, no work pursuant to the wetland permit may begin until such approval is obtained.

(4) In constructing the authorized activities, the permittee shall implement such management practices consistent with the terms and conditions of the permit as needed to control stormwater discharges and to prevent erosion and sedimentation and to otherwise prevent pollution of wetlands and watercourses.

(5) Permits are not transferable without the prior written consent of the Agency.

(6) The permittee shall inform the Agency no less than seven days prior to the start of any clearing or construction in a regulated area as to the date such activity is scheduled to begin. No activity can begin until the site has been inspected for compliance with erosion and sedimentation control restrictions, or the permit will be revoked.

§ 304-12 Action by duly authorized agent.

[Amended 12-22-2025, eff. 1-1-2026]

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 wetland or watercourse when such agent finds that the conduct of such activity would result in no greater that a minimal impact on any wetlands or watercourses, provided such agent has completed the comprehensive training program developed by the Commissioner of Energy and 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 § 304-7 of these regulations and any other information the Agency may reasonably require. Notwithstanding the provisions for receipt and processing of applications prescribed in §§ 304-8, 304-9 and 304-11 of these regulations, such agent may approve or extend such an activity at any time.

B. Any person receiving such approval from such agent shall, within 10 days of the date of such approval, publish, at the applicant's expense, 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 of 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 § 304-7 of these regulations.

§ 304-13 Bond and insurance.

[Amended 12-22-2025, eff. 1-1-2026]

A. The Agency may require as a permit condition the filing of a bond with such surety in such amount and in a form approved by the Agency.

B. The bond or surety shall be conditioned on compliance with all provisions of these regulations and the terms, conditions and limitations established in the permit.

C. The applicant may be required to certify that it has comprehensive property liability insurance against liability for injury to persons and damage to property which may result from the entry of persons for site walks, inspections, or other purposes in connection with the proposed operation or use, and continuing for at least two years after completion of such operations. Such insurance shall be in an amount to be determined by the Agency commensurate with the projected operation and the extent of anticipated inspection.

§ 304-14 Enforcement; penalties for offenses.

[Amended 12-22-2025, eff. 1-1-2026]

A. The Agency may appoint an agent or agents 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. In carrying out the purposes of this section, the Agency or its duly authorized agent shall take into consideration the criteria for decision under § 304-10B of these regulations.

B. The Agency or its agent may make regular inspections, at reasonable hours, of all regulated activities for which permits have been issued with the consent of the property owner or the authorized agent of the owner during the life of the permit.

C. In the case in which a permit has not been issued or a permit has expired, the Agency or its agent may make regular inspections at reasonable hours.

D. If the Agency or its designated 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 Agency or its duly authorized agent, may:

(1) Issue a written order by certified mail, return receipt requested, 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 calendar days of the issuance of such order, the Agency 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 Agency 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 Agency shall publish notice of its decision in a newspaper having general circulation in the municipality. The original order shall be effective upon issuance and shall remain in effect until the Agency affirms, revises or withdraws the order. The issuance of an order pursuant to this subsection shall not delay or bar an action pursuant to C.G.S. § 22a-44(b), as amended.

(2) Issue a notice of violation to such person conducting such activity or maintaining such facility or condition, stating the nature of the violation and the jurisdiction of the Agency and prescribing the necessary action and steps to correct the violation, including, without limitation, halting work in wetlands or watercourses. The Agency may request that the individual appear at the next regularly scheduled meeting of the Agency to discuss the unauthorized activity and/or provide a written reply to the notice or file an application for the necessary permit. Failure to carry out the action(s) directed in a notice of violation may result in issuance of the order provided in Subsection D(1) or other enforcement proceedings as provided by law.

E. The Agency may suspend or revoke a permit if it finds that the permittee 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 or suspending any permit, the Agency 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. The Agency shall hold a hearing to provide the permittee 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 Agency's decision to suspend, revoke, or maintain a permit by certified mail within 15 days of the date of its decision. The Agency shall publish notice of the suspension or revocation in a newspaper having general circulation in the municipality.

F. Any person who commits, takes part in, or assists in any violation of any provision of C.G.S. §§ 22a-36 to 22a-45, inclusive, as amended, including these regulations, shall be subject to the penalties of the General Statutes, as amended. Violators may be fined up to $1,000 per day, plus court costs, and/or imprisoned up to six months for a first offense, and fined up to $2,000 per day and/or imprisoned up to one year for a subsequent offense. Corporate officers responsible for a violation are subject to such fines or imprisonment.

G. All enforcement activities undertaken by the Town and all appeals which pertain to the wetlands and watercourses of the state shall be reported, on a form supplied by the Commissioner, to the Commissioner within 15 days of the commencement of such action.

§ 304-15 Amendments.

[Amended 12-22-2025, eff. 1-1-2026]

A. These regulations and the Inland Wetlands and Watercourses Map for the Town of Willington may be amended, from time to time, by the Agency in accordance with changes in the Connecticut General Statutes or regulations of the Connecticut Department of Energy and Environmental Protection or as new information regarding soils and inland wetlands and watercourses becomes available.

B. An application filed with the Agency which is in conformance with the applicable inland wetlands regulations as of the date of the receipt of such application shall not be required thereafter to comply with any change in inland wetland regulations, including changes to setbacks and buffers, taking effect on or after the date of such receipt, and any appeal from the decision of such Agency with respect to such application shall not be dismissed by the Superior Court on the grounds that such a change has taken effect on or after the date of such receipt. The provisions of this section shall not be construed to apply:

(1) To the establishment, amendment or change of boundaries of inland wetlands or watercourses; or

(2) To any change in regulations necessary to make such regulations consistent with the provisions of the Act as of the date of such receipt.

C. These regulations and the Town of Willington Inland Wetlands and Watercourses Map shall be amended in the manner specified in C.G.S. § 22a-42a, as amended. The Agency 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 map amendments, at least 35 days before the public hearing on their adoption.

D. Petitions requesting changes or amendments to the Inland Wetlands and Watercourses Map, Willington, Connecticut, shall contain at least the following information:

(1) The petitioner's name, mailing address and telephone number;

(2) The address, or location, of the land affected by the petition;

(3) The petitioner's interest in the land affected by the petition;

(4) Map(s) showing the geographic location of the land affected by the petition and the existing and the proposed wetland(s) and watercourse(s) boundaries on such land in accurate detail, together with the documentation supporting such proposed boundary locations; and

(5) The reasons for the requested action.

E. Any person who submits a petition to amend the Inland Wetlands and Watercourses Map, Willington, Connecticut, 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 Agency. If such person is the owner, developer or contract purchaser of the land which is the subject of the petition or if such person is representing the interests of such an owner, developer or purchaser, in addition to the information required in Subsection D, the petition shall include:

(1) The name, mailing addresses and telephone numbers of the owner(s) of such land and the owner's agent or other representative;

(2) The names and mailing addresses of the owners of abutting land;

(3) Documentation by a soil scientist of the distribution of wetland soils on said land. Such documentation shall, at a minimum, include the report of the soil scientist documenting the location of wetland soils on the land and a map of the said land indicating the flag locations set by the soil scientist and defining the boundaries of wetland soil types; and

(4) Map(s) showing any proposed development of the land in relation to existing and proposed wetland and watercourse boundaries.

F. Watercourses shall be delineated by a soil scientist, geologist, ecologist or other qualified individual.

G. A public hearing shall be held on petitions to amend the Inland Wetlands and Watercourses Map. Notice of the hearing shall be published in a newspaper having a general circulation in the municipality where the land that is the subject of the hearing is located 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 the date set for the hearing. All materials, including maps and documents relating to the petition, shall be open for public inspection.

H. The Agency shall hold a public hearing on a petition to amend the regulations and the Inland Wetlands and Watercourses Map within 65 days of receipt of such petition. The Agency shall act upon the changes requested in such petition within 65 days of completion of such hearing. At such hearing, any person or persons may appear and be heard and may be represented by agent or attorney. The petitioner may consent to one or more extensions of any period specified in this subsection, provided that the total extension of all such periods shall not be for longer than 65 days, or may withdraw such petition. The failure of the Agency to act within any time period specified in this subsection or any extension thereof shall not be deemed to constitute approval of the petition.

I. The Agency shall make its decision and state, in writing, the reasons why the change in the Inland Wetlands and Watercourses Map was made.

§ 304-16 Appeals.

[Amended 12-22-2025, eff. 1-1-2026]

A. Appeal of actions of the Agency shall be made in accordance with the provisions of C.G.S. § 22a-43, as amended.

B. Notice of such appeal shall be served upon the Department and the Commissioner of Energy and Environmental Protection.

§ 304-17 Conflict with other provisions; severability.

A. If there is a conflict among 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, subdivision or provision of these regulations shall not affect the validity of any other part which can be given effect without such invalid 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.

§ 304-18 Other permits.

Nothing in these regulations shall obviate the requirements for the applicant to obtain any other authorization, permits or licenses required by law or regulation by the Town of Willington, 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.

§ 304-19 Application fees.

[Amended 12-22-2025, eff. 1-1-2026]

A. Method of payment. All fees required by these regulations shall be submitted to the Land Use Department by cash, certified check or money order payable to the Town of Willington at the time the application is filed with the Agency.

B. No application shall be granted or approved by the Agency unless the correct application fee is paid in full or unless a waiver has been granted by the Agency pursuant to § 304-19G of these regulations.

C. The application fee is not refundable.

D. Definitions. As used in this section, the following definitions apply:

COMMERCIAL USES

Activities carried out on property developed for industry, commerce, trade, recreation, or business or being developed to be occupied for such purposes, for profit or nonprofit.

OTHER USES

Activities other than residential uses or commercial uses.

RESIDENTIAL USES

Activities carried out on property developed for permanent housing or being developed to be occupied by permanent housing.

E. Fee schedule. Application fees shall be based on the following schedule:

Type of Fee	Fee Amount
Regulated Activities
Residential uses	$150, plus $100 per lot
Plus fee from Schedule A	Plus fee from Schedule A
Commercial/industrial uses	$750
Plus fee from Schedule A	Plus fee from Schedule A
All other uses	$150
Plus fee from Schedule A	Plus fee from Schedule A
Appeal of duly authorized agent decision	$100
Significant activity fee	$250
Public hearing fee	$500
Complex application fee: The Inland Wetlands and Watercourses Agency may charge an additional fee sufficient to cover the cost of reviewing and acting on complex applications. Such fee may include, but not be limited to, the cost of retaining experts to analyze, review, and report on issues requiring such experts. The Agency or the duly authorized agent shall estimate the complex application fee which shall be paid pursuant to § 304-19A of these regulations within 10 days of the applicant's receipt or notice of such estimate. Any additional cost to the Town, not covered by the said complex application fee, shall be paid by the applicant with 10 days of the applicant's receipt of notice. Any portion of the complex application fee in excess of the actual cost shall be refunded to the applicant no later than 45 days after publication of the Agency's decision.
Permitted and nonregulated uses
Permitted uses as of right	$100
Nonregulated uses	$50
Regulation amendment petitions	$500
Does not include notices or regulation advisories from DEEP
Map amendment petitions	$100
Plus fee from Schedule B	Plus fee from Schedule B
Modifications/extensions of previous approval: residential	$150
Plus fee from Schedule A	Plus fee from Schedule A
Renewal/extension of previous approval to be 25% of base fee
Modification of previous approval: commercial/residential	$375
Plus fee from Schedule A	Plus fee from Schedule A
Monitoring compliance fee	To be determined at time of application
Activity initiated prior to permit	$250
Applicant shall pay all costs associated with mailings
These fees shall not include State DEEP fees
Schedule A
Square feet of wetlands or watercourses impacted
Less than 1,000	$100
1,000 to 5,000: "a" plus	$500
More than 5,000: "b" plus	$1,000
Schedule B
Linear feet affected:
Less than 500	$150
500 to 1,000: "a" plus	$300
More than 1,000: "b" plus	$450

F. Exemption. Boards, commissions, councils and departments of the Town of Willington are exempt from all fee requirements.

G. Waiver.

(1) The applicant may petition the Agency to waive, reduce or allow delayed payment of the fee. Such petitions shall be in writing and shall state fully the facts and circumstances the Agency should consider in its determination under this subsection. The Agency may waive all or part of the application fee if the Agency determines that:

(a) The activity applied for would clearly result in a substantial public benefit to the environment or to the public health and safety and the applicant would reasonably be deterred from initiating the activity solely or primarily as a result of the amount of the application fee;

(b) The amount of the application fee is clearly excessive in relation to the cost to the Town for reviewing and processing the application; or

(c) The applicant has shown good cause.

(2) The Agency shall state upon its record the basis for all actions under this subsection.

§ 304-20 When effective.

These regulations and any amendments are effective upon filing with the office of the Town Clerk and publication of a notice of such filing in a newspaper having a general circulation in the Town of Willington.