As used in these regulations, the following
terms shall have the meaning indicated:
The Inland Wetlands and Watercourses Act, §§ 22a-36
through 22a-45, inclusive, of the Connecticut General Statutes, as
amended.
Areas distinguished by evergreen trees and shrubs underlain
by peat deposits, poor drainage, and highly acidic conditions.
The harvest of timber in a fashion which removes all trees
down to a two-inch diameter at breast height.
The Inland Wetlands and Watercourses Commission of the Town
of Killingworth.
The Commissioner of the State of Connecticut Department of
Environmental Protection.
[Amended 12-10-2013]
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.
State of Connecticut Department of Environmental Protection.
[Added 12-10-2013]
Includes, but shall not be limited to, fill, grade, dump,
place, discharge or emit.
An individual(s) designated by the Commission to carry out
its functions and purposes.
Emission of any water, substance, or material into wetlands
or watercourses whether or not such substance causes pollution.
The activity will significantly alter the inland wetlands
and watercourses by reason of removal or deposition of material, clearing
the land, alteration or obstruction of water flow, or pollution.
The activity proposed is necessary and indispensable to sustain
farming activities on the farm.
The use of property for activities and purposes specified
in § 1-1(q) of the Connecticut General Statutes.
Able to be constructed or implemented consistent with sound
engineering principles.
The whole or any part of any permit, certificate of approval
or similar form of permission which may be required of any person
by the provisions of §§ 22a-36 to 22a-45, inclusive,
of the Connecticut General Statutes.
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 and 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.
Areas with soils that exhibit aquic moisture regimes that
are distinguished by the absence of trees and shrubs and are dominated
by soft-stemmed herbaceous plants. The water table in marshes is at
or above the surface throughout the year, but seasonal fluctuations
are encountered and areas of open water six inches or more in depth
are common.
Any substance, solid or liquid, organic or inorganic, including
but not limited to soil, sediment, aggregate, land, gravel, clay,
bog, peat, mud, debris, sand, refuse or waste.
The Town of Killingworth, Connecticut.
Places where plants are grown for transplanting, sale, or
experimentation.
The person shown as owner on the current tax map of the Town
of Killingworth.
[Added 3-13-2012]
The whole or any part of any license, certificate or approval
or similar form of permission which may be required of any person
by the provisions of these regulations and the Act or other municipal,
state and federal law.
The person to whom a permit has been issued.
Any person, firm, partnership, association, limited liability
company, corporation, company, organization or legal entity of any
kind, including municipal corporations, governmental agencies or subdivisions
thereof.
Harmful thermal effect or the contamination or rendering
unclean or impure of any waters of the state by reason of any waste
or other materials discharged or deposited therein by any public or
private sewer or otherwise so as directly or indirectly to come in
contact with any waters. This includes, but is not limited to, erosion
and sedimentation resulting from any filling, land clearing or excavation
activity.
Economically and otherwise reasonable in the 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.
Any operation within or use of a wetland, watercourse, or upland review area 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 Article IV of these regulations. Further, the Commission may rule that any activity located within or on a nonwetland or nonwatercourse area is likely to impact or affect wetlands or watercourses and is a regulated activity.
Any wetlands or watercourses as defined in these regulations.
Includes, but shall not be limited to, drain, excavate, mine,
dig, dredge, suck, grub, clear-cut timber, bulldoze, dragline or blast.
Any alteration of the physical, chemical or biological properties
of any waters of the state, including but not limited to change in
odor, color, turbidity or taste.
Any activity, including but not limited to the following
activities, which may have a major effect or significant impact on
the area for which an application has been filed or on another part
of the inland wetland or watercourse system:
Any activity involving a deposition or removal
of material which will or may have a major effect or significant impact
on the regulated area or on another part of the inland wetland or
watercourse system.
Any activity which substantially changes the
natural channel or may inhibit the natural dynamics of a watercourse
system.
Any activity which substantially diminishes
the natural capacity of an inland wetland or watercourse to support
desirable fisheries, wildlife, or other biological life; or to prevent
flooding, supply water, assimilate waste, facilitate drainage, or
provide recreation or open space; or to perform other functions.
Any activity which causes substantial turbidity,
siltation or sedimentation in a wetland or watercourse.
Any activity which causes a substantial diminution
of flow of a natural watercourse or groundwater levels of the regulated
area.
Any activity which causes or has the potential
to cause pollution of a wetland or watercourse.
Any activity which destroys unique wetland or
watercourse areas having demonstrable scientific or educational value.
An individual duly qualified in accordance with standards
set by the Federal Office of Personnel Management.
Those lands which are inundated by water on a seasonal or
more frequent basis.
The General Statutes of the State of Connecticut.
Watercourses that are distinguished by the dominance of wetland
trees and shrubs.
The Town of Killingworth, Connecticut.
The land:
A vernal watercourse characterized by a seasonally flooded
depression which does not support a permanent fish population. A vernal
pool may provide breeding habitat for one or more of the obligate
vernal pool species, which are: Ambystoma maculatum (spotted salamander),
Ambystoma jeffersonianum (Jefferson salamander), Ambystoma opacum
(marbled salamander), Ambystoma laterelle (blue-spotted salamander),
Rana sylvatica (wood frog), Scaphiopus holbrookii holbrookii (eastern
spade-foot toad) and Eubranchipus vernalis (fairy shrimp).
Sewage or any substance, liquid, gaseous, solid or radioactive,
which may pollute or tend to pollute any of the wetlands or watercourses
of the Town.
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 of the Connecticut
General Statutes, as amended. "Intermittent watercourse" means those
waterways which are characterized by nonpersistent flow. Intermittent
watercourses are delineated by a defined permanent channel and bank
and the occurrence of two or more of the following characteristics:
evidence of scour or deposits of recent alluvium or detritus; the
presence of standing or flowing water for a duration longer than a
particular storm incident; and the presence of hydrophytic vegetation.
Land, including submerged lands 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 United States Department of Agriculture (USDA). Such
areas may include filled, graded or excavated sites which possess
an aquic (saturated) soil moisture regime as defined by the USDA Cooperative
Soil Survey.
