A. 
Prohibited activities in controlled areas. It shall be unlawful in a controlled area or minimum activity setback to place or deposit animal wastes, chemical wastes or sewage effluent or to introduce influents of sufficiently high thermal content as to cause deleterious ecological effect.
B. 
Activities permitted by right. The following activities are permitted as a matter of right within a controlled area and/or minimum activity setback area. No permit is required for:
(1) 
Conservation. The conservation of soil, water, vegetation, fish and wildlife.
(2) 
Recreation. Outdoor recreation, including field trails, nature studies, hiking, horseback riding, swimming, camping and boating.
(3) 
Operation and maintenance of water-control structures. The operation and maintenance of dams, bridges, retaining walls and other water-control structures and devices as were in existence on the effective date of this chapter, and including those dams and other water-control devices having been previously approved under this chapter, excluding the temporary alteration or diversion of water levels or circulation for repair or maintenance purposes.
(4) 
Activities not requiring a structure. Activities not requiring a structure or building, accessory to residential or other permitted primary uses of lands or waters, including the following, provided that they are consistent with the intent of this chapter:
(a) 
Normal grounds maintenance, except where otherwise regulated in this chapter.
(b) 
Tree trimming, pruning and bracing.
(c) 
Ordinary repair and maintenance of existing stone walls and retaining walls.
(d) 
Decorative landscaping, including the addition of trees and plants without chemical fertilizing.
(5) 
Emergency work. In the case of an emergency, a permit will not be required for work in a controlled area or minimum activity setback which is immediately necessary to protect the health and safety of any person or to prevent or alleviate property damage, provided that the Town Engineer is notified as soon as reasonably possible, but not later than 48 hours after the commencement of such work.
(6) 
Deposition/removal of natural products. The deposition or removal of natural products of wetlands through agriculture, fishing, hunting and trapping, where otherwise legally permitted and regulated.
C. 
Activities permitted by administrative permit. The following activities, which are determined by this chapter to be administrative actions, may be allowed in the controlled area or minimum activity setback area after a review and issuance of an administrative permit by the Town Engineer. Actions of greater magnitude than those described in this section would require a regular wetlands activity permit. The Town Engineer may set reasonable conditions as part of any such approval of the proposed activity or, at his discretion, refer any permit application to the Commission for its review and comment:
(1) 
Gardening. Gardening in the minimum activity setback area only, where otherwise in accordance with applicable state and local laws and ordinances and where a buffer strip of at least 20 feet is maintained immediately adjacent to any controlled area.
(2) 
Minor deposition/removal of material. Deposition, removal, excavation or grading of material from controlled or minimum activity setback areas when such deposition or removal of material is less than seven cubic yards over a one-year period.
[Amended 12-10-1987 by L.L. No. 7-1987]
(3) 
Driveways/culverts.
[Repealed 12-10-1987 by L.L. No. 7-1987]
(4) 
Detection of problems. The application of nonpolluting chemicals and dyes for the purpose of detecting problems in the maintenance of controlled areas or for wetland research.
(5) 
Clearing of small trees. Clearing of brush or trees where such cutting would encompass an area no greater than 1/4 acre.
(6) 
Miscellaneous activities. Other activities which do not require a subdivision, site plan or other special permit approval and which involve less than 10 cubic yards of earthwork.
[Amended 12-10-1987 by L.L. No. 7-1987]
(7) 
Minor accessory buildings or structures. The addition of accessory buildings or structures of no more than 100 square feet in a minimum activity setback area which use hand-dug foundations for their construction.
[Added 12-10-1987 by L.L. No. 7-1987]
(8) 
Existing buildings. The additions or alterations to existing residential structures and their accessory buildings of less than 500 square feet in a minimum activity setback area which do not have a significant impact on the functions of the adjacent wetlands
[Added 12-10-1987 by L.L. No. 7-1987]
D. 
Activities permitted by wetlands activity permit. The following activities are expressly prohibited within a controlled area or minimum activity setback without a wetlands activity permit issued pursuant to Article V of this chapter:
(1) 
Deposition/removal in controlled or minimum activity setback areas. Deposition or removal of material from controlled or minimum activity setback areas when such deposition or removal of material is greater than seven cubic yards over a one-year period.
(2) 
Drainage/alterations in controlled areas. Draining or altering of any controlled area except for agriculture purposes allowed under § 63-8B(6).
(3) 
Alteration of waterways. Alteration of natural drainage systems and/or the velocity, volume, temperature or direction of any wetland or water body.
(4) 
Construction. Construction of buildings, structures, roads, dams, water-control devices, pilings, bridges, tennis courts, swimming pools, decks, docks and wells other than those allowed in § 63-8C.
[Amended 12-10-1987 by L.L. No. 7-1987]
(5) 
Pollution. Pollution from any point or non-point source into any controlled area or minimum activity setback.
(6) 
Clear cutting. Clear cutting of trees, as defined in § 63-3.
(7) 
Grazing. Grazing of horses or other animals for nonagricultural purposes.
(8) 
Manure storage. Storage of manure.
(9) 
Application of chemicals. Application or addition of any algaecide, herbicide or other growth-regulating agent, both aqueous and nonaqueous, unless such activities have been properly licensed or permitted by the appropriate state agencies having jurisdiction over such activities. Copies of any such licenses or permits shall be filed with the Commission prior to undertaking any such activities.
(10) 
Miscellaneous. Activities not specifically noted above which impair the functions of any wetland area in the judgment of the Commission.