The following operations and uses shall be permitted
in inland wetlands and water courses, 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 water course restoration or enhancement or mosquito control. The
provisions of this article shall not be construed to include road
construction or the erection of buildings not directly related to
the farming operation, relocation of water courses with continual
flow, filling or reclamation of wetlands or water courses with continual
flow, clear-cutting of timber except for the expansion of agricultural
crop land, or the mining of top soil, peat, sand, gravel or similar
material from wetlands or water courses for the purposes of sale.
B.
A residential home for which a building permit has
been issued or on a subdivision lot, provided the permit has been
issued or the subdivision has been approved by the Town Plan and Zoning
Commission of the Town of Orange as of July 1, 1974. 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 of right under this subsection
shall document the validity of said right by providing a dated 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 entitlement.
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 1 1/2 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 water course, or diversion or
alteration of a water course.
E.
Construction and operation, by water companies as defined by Section 16-1 of the Connecticut General Statutes or by municipal water supply systems as provided for in Chapter 102 of the Connecticut General 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 Sections 22a-401 and 22a-410 of the Connecticut General Statutes.
F.
Maintenance relating to any drainage pipe which existed
before the effective date of any municipal regulations adopted pursuant
to Section 22a-42a or July 1, 1974, whichever is earlier, provided
such pipe is on property that is zoned as residential but which does
not contain hydrophilic 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.
The following operations and uses shall be permitted
as nonregulated uses in wetlands and water courses, provided they
do not disturb the natural and indigenous character of the wetland
or water course by removal or deposition of material, alteration or
obstruction of water flow, or pollution of the wetland or water course.
A.
Conservation of soil, vegetation, water, fish, shellfish,
and wildlife. Such operation or use may include, but is not limited
to, minor work to control erosion, or to encourage proper fish, wildlife,
and silviculture management practices.
B.
Outdoor recreation including the use of play and sporting
area, golf courses, field trails, nature study, hiking, horseback
riding, swimming, skin and scuba diving, camping, boating, water skiing,
trapping, hunting, fishing and shellfishing, and cross country skiing
where otherwise legally permitted and regulated.
All activities in wetlands or water courses involving filling, excavation, dredging, clear-cutting, grading or any other alteration or use of a wetland or water course not specifically permitted by this article shall require a permit from the Commission in accordance with Article VI of these regulations.
To carry out the purposes of this article, any
person proposing to carry out a permitted or nonregulated operation
or use of a wetland or water course, which may disturb the natural
and indigenous character of the land, shall, prior to commencement
of such operation or use, notify and provide the Commission or its
designated agent with sufficient information to enable it to properly
determine that the proposed operation and use is a permitted or nonregulated
use of the wetland and water course. 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 a permit is required. Such
ruling shall be in writing and shall be made no later than the next
regularly scheduled meeting of the Commission following the meeting
at which the request was received. The designated agent for the Commission
may make such ruling on behalf of the Commission at any time.
