These regulations shall be known as the "Inland
Wetlands and Watercourses Regulations of the Town of Wethersfield."
These regulations have been prepared by the
Inland Wetlands and Watercourses Commission in accordance with the
provisions of an Act concerning Inland Wetlands and Watercourses,
Sections 22a-36 to 22a-45, inclusive, of the Connecticut General Statutes,
as amended, and authorized by the Town Council of the Town of Wethersfield
in an ordinance adopted on December 18, 1972.
Pursuant to said General Statutes, the Inland
Wetlands and Watercourses Commission shall issue, issue with modifications
or deny permits for all regulated activities within the Town.
A soil erosion and sediment control plan shall
be submitted with any application for development when the disturbed
area of such development is cumulatively more than 1/2 acre.
As used in this chapter, the following terms
shall have the meanings indicated:
The Inland Wetlands and Watercourses Act, Sections 22a-36
to 22a-45, inclusive, of the Connecticut General Statutes, as amended.
The Inland Wetlands and Watercourses Commission of the Town
of Wethersfield.
A poorly drained area containing an accumulation of organic
material and characterized by an association of plants recognized
as bog species.
A signed, written approval by the Inland Wetlands and Watercourses
Commission that the Soil Erosion and Sediment Control Plan as presented
complies with minimum acceptable standards established in the publication
entitled "2002 Connecticut Guidelines for Soil Erosion and Sediment
Control," as amended.
The harvest of timber products in a fashion which removes
all species of trees down to a two-inch diameter at breast height.
The Commissioner of Environmental Protection.
An area designated by the Agency as having significant value
to the regulated wetlands, watercourses or habitats. Such an area
shall be designated and a conservation easement covenant placed on
the land records as a deeded easement that preserves land or inland
wetlands or watercourses predominately in their natural, scenic or
open condition or in agricultural, farming, forest or open space use.
For an example of a typical easement, see Appendix D attached thereto.[1]
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.
Includes, but shall not be limited to, fill, grade, dump,
place, discharge or emit.
The individual designated as the Inland Wetlands and Watercourses
Commission Coordinator to carry out its functions and purposes.
The emission of any water, substance or other material into
regulated areas of the Town, whether or not such substance causes
pollution.
An area where the ground cover is destroyed or removed such
that cumulatively more than 1/2 acre is affected.
Any activity that will significantly disturb a regulated
area by reason of deposition or removal of materials; cause the alteration
or obstruction of waterflow; clear-cutting; or result in the pollution
of wetlands or watercourses of the Town.
A three member subcommittee consisting of the Chairman and
Vice Chairman of the Commission (or their designee) and the Designated
Agent of the Commission.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
A single- or duplex-family dwelling which is not part of
a subdivision of land approved after January 1, 1986, shall be exempt
from these soil erosion and sediment control regulations.
Using any tract of land for growing crops, raising livestock
or other agricultural use.
Able to be constructed or implemented consistent with sound
engineering principles.
The tilling of soil, planting, cultivating and harvesting
of vegetable matter.
Using any tract of land to feed or supply farm animals with
grass or pasture, to tend farm animals or feeding or growing silage
and herbage.
Gathering plants or animals or plant or animal products which
have been grown to be harvested.
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.
An area normally covered with shallow water or aquic moisture
regime, subject to seasonal variations and containing an association
of herbaceous, soft-stemmed plants recognized as marsh vegetation.
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.
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.
The removal of accumulated leaves, soil, and other debris
whether by hand or machine, while the pipe stays in place, generally
within 15 feet of the pipe end.
The Town of Wethersfield, Connecticut.
Land used for propagating trees, shrubs or other plants for
transplanting, sale or for use as stock for grafting.
A decision letter and an official form that states the nature
of the permitted activity, duly signed by an authorized agent of the
Inland Wetlands and Watercourses Commission.
Any person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including municipal
corporations, government agencies or subdivisions thereof.
Contamination or the harmful thermal effect or the rendering
unclean or impure of any regulated areas located in the Town 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.
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.
Any operation within, or use of a regulated area, or which may have an effect upon a regulated area, involving removal or deposition of material or causing any obstruction, construction, alteration or pollution of such wetland or watercourse therein, except as otherwise indicated in Article II and § 96-11 of these regulations.
All areas within the Town of Wethersfield containing inland
wetlands and/or watercourses, as defined in these regulations or the
Connecticut General Statutes, those areas stream-ward of established
local encroachment lines, and those areas which lie at or below the
limits of the one-hundred-year flood, as defined by the Federal Emergency
Management Agency Flood Insurance Study, revised February 1982. "Regulated
Areas" are generally shown on the maps entitled "Official Inland Wetlands
and Watercourses Map," CGS Topographic Series, Wethersfield, dated
July 1, 1986 and as hereinafter revised or amended. In each instance,
however, the actual type of soil or character of the area, or elevation
of the land for floodplain delineation, as determined by the Inland
Wetlands Commission or its designated agent, shall determine the Regulated
Area.
Includes but shall not be limited to draining, excavating,
mining, digging, dredging, sucking, clear-cutting of timber, bulldozing,
drag-lining or blasting.
Any alteration of the physical, chemical or biological properties
of any of the waters of the Town or State of Connecticut, including
but not limited to change in color, odor, turbidity or taste.
Solid material, either mineral or organic, that was in suspension,
transported or otherwise removed from its site or origin by erosion
and deposited away from its site of origin.
Any activity, including but not limited to the following
activities which may have a major effect or significant impact:
Any activity involving a deposition or removal
of material that will or may have a significant impact or major effect
on the regulated area or on another part of the inland wetland and
watercourse system.
Any activity that substantially changes, alters,
or inhibits the natural channel or dynamics of a regulated area or
watercourse system.
Any activity that substantially diminishes the
natural capacity of an inland wetland or watercourse to support desirable
biological life, prevent flooding, supply water, assimilate waste,
facilitate drainage, and/or provide recreation and open space.
Any activity which is likely to cause or has
the potential to cause substantial turbidity, siltation, or sedimentation
in a regulated area.
Any activity that causes a substantial diminution
of flow of a natural watercourse, or groundwater levels of the regulated
area.
Any activity that causes or has the potential
to cause pollution of a wetland or watercourse.
Any activity which creates conditions which
may adversely affect the health, welfare or safety of any individual
of the community.
Any activity which damages or destroys unique
wetland or watercourse areas having demonstrable scientific or educational
value.
A scheme that minimizes soil erosion and sedimentation resulting
from development and includes but is not limited to the minimum standards
established in the publication entitled "2002 Connecticut Guidelines
for Soil Erosion and Sediment Control," as amended.
An individual duly qualified in accordance with standards
set by the Federal Office of Personnel Management.
An area with a water table at or near the surface of the
ground throughout most of the year and containing vegetation dominated
by an association of trees and/or shrubs recognized as swamp species.
The Town of Wethersfield, Connecticut.
Sewage or any substance, liquid, gaseous, solid or radioactive,
which may pollute or tend to pollute any regulated areas 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 Sections 22a-28 through 22a-35, inclusive, of the Connecticut
General Statutes. 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.
Land, including submerged land, not regulated pursuant to
Sections 22a-28 through 22a-35, inclusive, of the Connecticut General
Statutes, as amended, which consists of any of the soil types designated
as poorly drained, very poorly drained, alluvial and/or floodplain
by the National Cooperative Soils Survey, as it may be amended from
time to time, by the Natural Resources Conservation Service of the
U.S. 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.
[1]
Editor's Note: Said appendix is included at the end of this chapter.
