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Section 4 - Permitted Operations & Uses
SECTION 4  - PERMITTED OPERATIONS AND USES


4.1             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 subdivision 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, the mining of top soil, peat, sand, gravel or similar material from wetlands or watercourses for the purposes of sale.

 
        b.      A residential home (i) for which a building permit has been issued or (ii) 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 Section 22a_42a, or as of July 1, 1974, which ever is earlier, and further provided no residential home shall be permitted as of right pursuant to this subdivision unless the building permit was obtained on or before July 1, 1987.  Any person claiming a use of wetlands permitted as a right under this subdivision 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.
                
        c.      Boat anchorage or mooring not to include dredging or dock construction.

        d.      Uses incidental for the enjoyment or maintenance of a residential property,
                such property defined as equal to or smaller than the largest minimum
                residential lot site permitted anywhere in the Town.  Such incidental uses
                shall include maintenance of existing structures and landscaping, but shall
                not include  removal or deposition of significant amounts of material from or
                into or within a wetland or watercourse, diversion or alteration of a                   watercourse.

        





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, concerning dams, reservoirs and other  facilities necessary to the
                impounding, storage and withdrawal of water in connection with public water
                supplies, except as provides in Sections 22a-405 and 22a - 412 of the
                Connecticut General Statutes, as amended.

        f.      Maintenance relating to any drainage pipe which existed before the effective
date of any municipal regulations adopted pursuant to Section 22a-42a of the Connecticut General Statutes or July 1, 1974, which ever 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.


4.2             The following operations and uses shall be permitted as non-regulated~uses~in
        inland ~wetlands~and ~watercourses provided they do not disturb the natural and         indigenous character of~the~wetland or~watercourse~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, 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 play and sporting areas, courses, field trials,
                nature study, hiking, horseback riding, swimming, skin diving, camping,                         boating, water-skiing, trapping, hunting, fishing and cross country skiing                      where otherwise legally permitted and regulated.

        The provisions of this subdivision shall not be construed to include:

                1.      Destruction of wildlife habitat or corridors;

                2.      Accumulation of stable, pig pen, chicken coop, bedding and excrement of animals or fowls, except for the fertilization of agricultural cropland, and which may require a plan for containment and disposal;

                3.      Storage of junk vehicles, fuel tanks or other structures that hold or once
                        held petroleum products toxic metals, pesticides, herbicides, fertilizers,
                        solvents, sodium chlorides or other toxic chemicals;
                4.      Use of herbicides in ponds or lakes, wetlands, and watercourses; or

                5.      Activities that cause erosion and therefore sedimentation or turbidity of
        regulated areas.


4.3     All activities in wetlands or watercourses involving the~use of herbicides,
        pesticides, filling, dredging, clear-cutting, grading and excavation, or any other
        alteration or use of~a wetland or watercourse not specifically permitted by this
        Section shall require a permit from the Agency in accordance with Section       6 of these regulations.


4.4     To carry out the purposes of this Section, any person proposing to carry out a
        permitted~operation~or non-regulated operation or use of a wetland or   watercourse shall, prior to commencement of such operation or use, notify the
Agency, on a form provided by it, and provides the Agency with sufficient information to enable it to properly determine that the proposed operation or use is a permitted or non-regulated use of the wetland or watercourse. The Agency or its designated agent shall rule ~that ~the ~proposed ~operation or use ~is a permitted or non-regulated use or~operation or that a regular~permit~is required. Such ruling shall be in writing and shall be made no later than the next regularly scheduled meeting of the Agency following the meeting at which the request was received.  The designated agent for the Agency may make such ruling on behalf of the Agency at any time.