The following operations and uses shall be permitted
in inland wetlands and watercourses, as of right:
A.
Grazing, farming, nurseries, gardening and harvesting
of crops and farm ponds of three acres or less essential to the farming
operation, and activities conducted by, or under the authority of,
the Department of Environmental Protection for the purposes of wetland
or watercourse restoration or enhancement or mosquito control. The
provisions of this 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
crop land; or the mining of topsoil, peat, sand, gravel or similar
material from wetlands or watercourses for the purposes of sale;
B.
A residential home 1) for which a building permit has been issued or 2) 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 Subsection (b) of § 22a-42a,[1] 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. The individual 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;
[Amended 3-13-2012]
[1]
Editor’s Note: See Connecticut General Statutes.
C.
Boat anchorage or mooring, not to include dredging
or dock construction;
D.
Uses incidental to the enjoyment or maintenance of
residential property, such property defined as equal to or smaller
than the largest minimum residential lot site permitted anywhere in
the municipality (provided that in any town where there are no zoning
regulations establishing minimum residential lot sites, the largest
minimum lot site shall be two acres) and containing a residence. Such
incidental uses shall include maintenance of existing structures and
landscaping but shall not include removal or deposition of substantial
amounts of material from or into a wetland or watercourse or diversion
or alteration of a watercourse;
E.
Construction and operation, by water companies as
defined by § 16-1 of the Statutes or by municipal water
supply systems as provided for in Chapter 102 of the Statutes, of
dams, reservoirs and other facilities necessary to the impounding,
storage and withdrawal of water in connection with public water supplies
except as provided in §§ 22a-401 and 22a-403 of the
Statutes;
[Amended 3-13-2012]
F.
Maintenance relating to any drainage pipe which existed
before the effective date of any municipal regulations adopted pursuant
to § 22a-42a of the Statutes 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 subdivision, "maintenance" means the removal of accumulated leaves,
soil, and other debris whether by hand or machine, while the pipe
remains in place; and
[Amended 3-13-2012]
G.
Withdrawals of water for fire emergency purposes.
[Added 3-13-2012]
The following operations and uses shall be permitted
as nonregulated uses in wetlands and watercourses, provided that they
do not disturb the natural and indigenous character of the wetlands
or watercourses by removal or deposition of material, alteration or
obstruction of water flow or pollution of the wetland or watercourse:
A.
Conservation of soil, vegetation, water, fish, shellfish,
and wildlife; and
B.
Outdoor recreation, including the use of play and
sporting areas, golf courses, field trials, nature study, hiking,
horseback riding, swimming, skin diving, camping, boating, water skiing,
trapping, hunting, fishing and shell fishing where otherwise legally
permitted and regulated; and
[Amended 3-13-2012]
C.
The installation of a dry hydrant by or under the authority of a
municipal fire department, provided such dry hydrant is only used
for fire-fighting purposes and there is no alternative access. For
purposes of this section, "dry hydrant" means a nonpressurized pipe
system that:
[Added 3-13-2012]
All activities in wetlands, watercourses or upland review areas involving filling, excavation, dredging, clear-cutting, grading and excavation or any other alteration or use of a wetland, watercourse or upland review area not specifically permitted by this article shall require a permit from the Commission in accordance with Article VI of these regulations or, for certain regulated activities located outside of wetlands and watercourses, from the Commission's duly authorized agent in accordance with Article XII of these regulations.
To carry out the purposes of this article, any
person proposing to carry out a permitted or nonregulated operation
or use shall, prior to commencement of such operation or use, notify
the Commission on a form provided by it and provide the Commission
with sufficient information to enable it to properly determine that
the proposed operation or use is a permitted or nonregulated use of
the wetland or watercourse. The Commission or its designated agent
shall rule that the proposed operation or use is a permitted or a
nonregulated use or operation or that the proposed operation or use
is a regulated activity and a permit is required.
