As used in these regulations:
ACT
The Inland Wetland and Watercourses Act, Sections 22a-36 through
22a-45 of the General Statutes, as amended.
BOGS
Areas distinguished by evergreen trees and shrubs underlain by peat
deposits, poor drainage, and highly acidic conditions.
CLEAR-CUTTING
The harvest of timber in a fashion which removes all trees down to
a 2" diameter at breast height.
COMMISSION
The Inland Wetlands and Watercourses Commission of the Town of Old
Saybrook.
COMMISSION MEMBER
A member of the Inland Wetlands and Watercourses Commission of the
Town of Old Saybrook.
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 designated by the Commission to carry out its functions
and purposes.
DISCHARGE
Emission of any water, substance, or material into wetlands or watercourses
whether or not such substance causes pollution.
FARMING
Use of land for the growing of crops, raising of livestock or other
agricultural use.
FEASIBLE
Able to be constructed or implemented consistent with sound engineering
principles.
LICENSE
The whole of any part of any permit, 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 Commission.
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 setback to from wetlands or watercourses;
proper disposal 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 flow;
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
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 ground surface throughout
the year, but seasonal fluctuations are encountered and areas of open water
six inches or more in depth are common.
MATERIAL
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.
NURSERIES
Land used for propagating trees, shrubs or other plants for transplanting,
sale, or for use as stock for grafting.
PERMIT
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.
PERMITTEE
The person to whom a permit has been issued.
PERSON
Any person, firm, partnership, association, corporation, company,
organization or legal entity of any kind, including municipal corporations,
governmental agencies or subdivisions thereof.
POLLUTION
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.
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 prudent.
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 §
301-4 of these regulations. Furthermore, any clearing, grubbing, filling, grading, paving, excavating, constructing, depositing or removal of material and discharging of storm water on the land within 100 feet measured horizontally from the boundary of any wetland or watercourse is a regulated activity.
REGULATED AREA
Any inland wetland or watercourse as defined in these regulations.
REMOVE
Includes, but shall not be limited to, drain, excavate, mine, dig,
dredge, suck, grub, clear cut timber, bulldoze, dragline or blast.
RENDERING UNCLEAN OR IMPURE
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.
SIGNIFICANT IMPACT ACTIVITY
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;
A.
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.
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 desirable fisheries, wildlife,
or other biological life, 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 regulated area.
F.
Any activity which causes 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.
SWAMPS
Areas with soils that exhibit aquic moisture regimes and are dominated
by wetland trees and shrubs.
SUBMERGED LANDS
Those lands which are inundated by water on a seasonal or more frequent
basis.
TOWN
The Town of Old Saybrook, Middlesex County in the State of Connecticut.
WASTE
Sewage or any substance, liquid, gaseous, solid or radioactive, which
may pollute or tend to pollute any of the 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 Section 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.
WETLANDS
Land, including submerged land not regulated pursuant to Section
22a-28 through 22a-35, inclusive, which consists of any of the soil types
designated as poorly drained, very poorly drained, alluvial and flood plain
by the National Cooperative Soils Survey, as it may be amended from time to
time, of the Natural resources Conservation Service of the U.S. Department
of Agriculture. 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.
These regulations including the Inland Wetlands and Watercourses Map,
application forms, fee schedule and amendments thereto, shall become effective
upon filing in the Office of the Town Clerk and publication of a notice of
such action in a newspaper having general circulation in the Town of Old Saybrook.