Wetland Regulations (PDF)

Town of Waterford 
 
 
 
 
Inland Wetlands 
and Watercourses 
Regulations 
 
 
 
Originally approved:  June 3, 1974 
Revised Through:  June 1, 2011 

 
 
TABLE OF CONTENTS                                               
 Page 
 
SECTION 1 
TITLE, AUTHORITY AND PURPOSE 
1 
SECTION 2 
DEFINITIONS 
 
3 
SECTION 3 
INVENTORY OF INLAND WETLAND AND WATERCOURSES 
8 
SECTION 4 
PERMITTED USES AS OF RIGHT & NON-REGULATED USES 
9 
SECTION 5 
ACTIVITIES REGULATED BY THE STATE 
11 
SECTION 6 
ACTIVITIES TO BE LICENSED 
13 
SECTION 7 
APPLICATION REQUIREMENTS FOR REGULATED ACTIVITY 14 
SECTION 8 
APPLICATION PROCEDURES 
19 
SECTION 9 
PUBLIC HEARINGS 
 
21 
SECTION 10 
CONSIDERATIONS FOR DECISION 
22 
SECTION 11 
DECISION PROCESS AND PERMIT ISSUANCE 
26 
SECTION 12 
PERMIT EXTENSIONS AND AMENDMENTS 
29 
SECTION 13 
BOND AND INSURANCE 
30 
SECTION 14 
ENFORCEMENT 
 
31 
SECTION 15 
AMENDMENTS 
 
33 
SECTION 16 
APPEALS 
 
36 
SECTION 17 
CONFLICT AND SEVERANCE 
37 
SECTION 18 
OTHER PERMITS 
 
38 
SECTION 19 
EFFECTIVE DATE OF REGULATIONS 
39 
SECTION 20 
APPLICATION FEES 
 
40 
Appendix A 
Application 
Appendix B 
Instruction Guide & Application Checklist

1 
 
SECTION 1 - TITLE, AUTHORITY AND PURPOSE 
 
 
1.1 
These regulations shall be known as "The Inland Wetlands and Watercourses 
 
 Regulations of the Town of Waterford". 
 
1.2 
The Conservation Commission of the Town of Waterford was established in 
accordance with Chapter 2.52, of the Waterford Code of Ordinances adopted on April 
2, 1973,and Chapter 5.3 of the Charter of the Town of Waterford as revised to 
December 8, 1983 and authorized to implement the purposes and provisions of the 
Inland Wetlands and Watercourses Act in the Town of Waterford pursuant to Chapter 
2.52 of the Waterford Code of Ordinances. 
 
1.3 
These Regulations have been adopted by the Conservation Commission and may be 
amended, from time to time, in accordance with the provisions of the Inland Wetlands 
and Watercourses Act, Section 22a-36 to 22a-45, inclusive, of the Connecticut 
General Statutes as authorized by the Representative Town Meeting of the Town of 
Waterford in Chapter 2.52 of the Waterford Code of Ordinances. 
 
1.4 
The Inland Wetlands and Watercourses of the State of Connecticut are an 
indispensable and irreplaceable but fragile natural resource with which the citizens of 
the State have been endowed. The wetlands and watercourses are an interrelated web 
of nature essential to an adequate supply of surface and underground water; to 
hydrological stability and control of flooding and erosion; to the recharging and 
purification of the groundwater; and to the existence of many forms of animal, 
aquatic and plant life.  Many inland wetland and watercourses have been destroyed or 
are in danger of destruction because of unregulated use by reason of the deposition, 
filling or removal of material, the diversion or obstruction of water flow, the erection 
of structures and other uses, all of which have despoiled, polluted and eliminated 
wetlands and watercourses.  Such unregulated activity has had, and will continue to 
have, a significant, adverse impact on the environment and ecology of the State of 
Connecticut and has and will continue to imperil the quality of the environment thus 
adversely affecting the ecological, scenic, historic and recreational values and 
benefits of the state for its citizens now and forever more.   
 
The preservation and protection of the wetlands and watercourses from random, 
unnecessary, undesirable and unregulated uses, disturbance or destruction is in the 
public interest and is essential to the health, welfare and safety of the citizens of the 
state.  It is, therefore, the purpose of these regulations to protect the citizens of the 
state by making provisions for the protection, preservation, maintenance and use of 
the inland wetlands and watercourses by minimizing their disturbance and pollution; 
maintaining and improving water quality in accordance with the highest standards set 
by federal, State or local authority; preventing damage from erosion, turbidity or 
siltation; preventing loss of fish and other beneficial aquatic organisms, wildlife and 
vegetation and the destruction of the natural habitats thereof; deterring and inhibiting 
the danger of flood and pollution; protecting the quality of wetlands and watercourses 

2 
 
for their conservation, economic, aesthetic, recreational and other public and private 
uses and values; and protecting the State's potable fresh water supplies from the 
dangers of drought, overdraft, pollution, misuse and mismanagement by providing an 
orderly process to balance the need for the economic growth of the state and the use 
of its land with the need to protect its environment and ecology in order to forever 
guarantee to the people of the state, the safety of such natural resources for their 
benefit and enjoyment and for the benefit and enjoyment of generations yet unborn. 
 
1.5  
The Commission shall enforce all provisions of the Inland Wetlands and 
Watercourses Act and shall issue, issue with terms, conditions, limitations or 
modifications, or deny permits for all regulated activities in the Town of Waterford 
pursuant to Sections 22a-36 to 22a-45, inclusive, of the Connecticut General Statutes, 
as amended. 
 
 

3 
 
SECTION 2 - DEFINITIONS 
 
 
2.1 
Act:  The Inland Wetlands and Watercourses Act, Sections 22a-36 through 22a-45 of 
the General Connecticut Statutes, as amended. 
 
2.2 
Bog:  A poorly drained area containing an accumulation of organic material and 
characterized by an association of plants recognized as bog species, listed in the 
booklet entitled Inland Wetland Plants of Connecticut (May, 1973). 
 
2.3 
Clearing:  The removal of any significant amount of vegetation from wetlands. 
 
2.4 
Clear-cutting:  The harvest of timber in a fashion which removes the majority of trees 
greater than 2" diameter at breast height. 
 
2.5 
Commission:  The Waterford Conservation Commission. 
 
2.6 
Commission Member:  A member of the Conservation Commission of the Town of 
Waterford. 
 
2.7 
Commissioner of Environmental Protection:  The Commissioner of the State of 
Connecticut, Department of Environmental Protection. 
 
2.8 
Conservation Easement:  A legal agreement by the property owner to restrict the use 
and development of an area.  The designated area shall be shown on a site plan and 
labeled as such.  Purposes for Conservation Easements are listed in Section 11.10.  
Exact positions and limitations are specified by the Waterford Conservation 
Commission at the time of approval. 
 
2.9 
Deposit:  Includes, but shall not be limited to, fill, grade, dump, place, discharge, or 
emit. 
 
2.10 
Designated Agent:  An individual designated by the Commission to carry out its 
functions and purposes. 
 
2.11 
Discharge:  The emission of any water, substance or material into wetlands or 
watercourses of the Town of Waterford whether or not such substance causes 
pollution. 
 
2.12 
Disturbing the natural and indigenous character of the wetland or watercourse: The 
activity will significantly alter the inland wetlands and watercourses by reason of 
removal or deposition of material, clearing of vegetation, alteration or obstruction of 
water flow, or will result in the pollution of the wetlands or watercourses.   
 
2.13 
Emergency repairs:  Shall include, but not be limited to, the following:  removal of 
obstructions such as trees, debris, and accumulated silt, etc. from watercourses to the 
channel lines by the Department of Public Works for reasons of flood prevention and 
maintenance for the safety and welfare of the residents of Waterford. 

4 
 
 
2.14  Essential to the Farming Operation:  The proposed activity is necessary and 
indispensable to sustain farming activities on the farm.  
 
2.15 
Farming:  The use of land for the growing of crops, raising of livestock, or other 
agricultural use. 
 
2.16 
Feasible:  The ability to be constructed or implemented consistent with sound 
engineering principles.  
 
2.17 
License:  The whole or any part of permit, certificate of approval, or similar form of 
permission which may be required of any person by the provisions of these 
Regulations or the Inland Wetlands and Watercourses Act, as amended. 
 
2.18 
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 setbacks from wetlands or watercourses; proper disposal 
of 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 flows; confining 
construction that must take place in watercourses to times when water flows are low 
and fish and wildlife will not be adversely affected.  
 
2.19 
Marsh:  An area normally covered with shallow water, subject to seasonal variations, 
that are distinguished by the absence of trees and shrubs and the dominance of 
herbaceous, soft-stemmed plants.  Typical examples of marsh species are listed in the 
booklet entitled Inland Wetland Plants of Connecticut (May, 1973). 
 
2.20 
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. 
 
2.21 
Municipality:  The Town of Waterford, Connecticut. 
 
2.22 
Non-encroachment Line:  A line that delineates an area of restricted use.  There shall 
be no activity within this area without approval of the Waterford Conservation 
Commission.  The line shall be established by the Conservation Commission and 
shown on a site plan and labeled as such.  Purposes for the non-encroachment line are 
listed in Section 11.10.    
 
2.23 
Nurseries:  The land used for propagating trees, shrubs, or other plants for 
transplanting, sale, or for use as stock for grafting. 
 
2.24 
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.  

5 
 
 
2.25 
Permittee:  The person to whom such permit has been issued. 
 
2.26 
Person:  Any person, firm, partnership, association, corporation, company, 
organization or legal entity of any kind, including municipal corporations, 
government agencies, or subdivisions thereof. 
 
2.27 
Pollution:  The harmful thermal effect or the contamination or rendering unclean or 
impure of any waters of the Town of Waterford 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. 
 
2.28 
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 imprudent.  
 
2.29 
Regulated Activity:  Any operation within, or use of, a wetland or watercourse 
involving removal or deposition of material, or any obstruction, construction, 
alteration, discharge, pollution, or clearing of such wetlands or watercourses, or any 
other activity which will impact the wetlands or watercourses, including those 
activities adjacent to wetlands and watercourses outlined in Section 6 of these 
Regulations, except as otherwise indicated in Section 4 of these Regulations.  
 
2.30 
Remove:  Includes, but shall not be limited to, drain, excavate, mine, dig, dredge, 
suck, bulldoze, dragline, or blast. 
 
2.31 
Rendering unclean or impure:  Any alteration which diminishes quality of the 
physical, chemical, or biological properties of any of the waters of the Town of 
Waterford, including but not limited to, change in color, odor, turbidity, taste, acidity, 
or chemical composition. 
 
2.32 
Significant Impact Activity:  Activities, including, but not limited to, the following 
activities which may have a major effect or significant impact. 
 
 
 
a.   Any activity involving a deposition or removal of material which will or may 
have a substantial adverse effect on the inland wetlands 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 would result in degrading the water quality of a wetland, 
watercourse, or groundwater.  Such degradation to be measured by standards of 

6 
 
the Water Compliance Division of the Connecticut Department of Environmental 
Protection, where applicable. 
 
e.   Any activity which is likely to cause or has the potential to cause substantial 
turbidity, siltation or sedimentation in a wetland or watercourse. 
 
f.    Any activity which causes a substantial diminution of flow of a natural 
watercourse or groundwater levels of inland wetlands and watercourses. 
 
g.   Any activity which is likely to cause or has the potential to cause pollution of a 
wetland or watercourse. 
 
h.   Any activity which damages or destroys unique wetland or watercourse areas or 
such areas having demonstrable scientific or educational value. 
 
 
 
2.33 
Soil Scientist:  An individual duly qualified in accordance with standards set by the 
Federal Office of Personnel Management.   
 
2.34 
Swamp:  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.  Typical examples of swamp species are 
listed in the booklet entitled Inland Wetland Plants of Connecticut (May, 1973). 
 
2.35 
Submerged Lands:  Those lands which are inundated by water on a seasonal or more 
frequent basis. 
 
2.36 
Town:  The Town of Waterford, State of Connecticut. 
 
2.37 
Upland Review Area:  A non-wetland or non-watercourse area in which certain types 
of activities, as further defined in the wetland regulations herein, are regulated 
activities. 
 
2.38 
Waste:  Sewage or any substance, liquid, gaseous, solid or radioactive which may 
pollute or tend to pollute any of the waters of the Town of Waterford. 
 
2.39 
Watercourses:  Rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, 
bogs, and all other bodies of water, natural or artificial, public or private, mapped or 
unmapped, vernal, intermittent, or perennial, which are contained within, flow 
through, or border upon the Town of Waterford or any portion thereof, not regulated 
pursuant to Sections 22a-28 to 22a-35, inclusive, of the Connecticut General Statutes, 
as amended.  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.    
 
 
2.40 
Wetlands:  Land, including submerged land, not regulated pursuant to Section 22a-28 

7 
 
to 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, or 
flood plain by the National Cooperative Soils Survey, as may be amended from time 
to time, of 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 and are generally shown for informational purposes only on 
a map entitled "Designated U.S. Department of Agriculture Soil Conservation Service 
Soil Survey, Town of Waterford" on file in the Office of the Town Clerk.  In each 
instance, however, the actual character of the soil shall determine whether the land in 
question is subject to regulation. 
 
 
 
 
     

8 
 
SECTION 3 - INVENTORY OF INLAND WETLANDS AND 
WATERCOURSES 
 
 
3.1 
The map entitled "Town of Waterford Inland Wetlands and Watercourses Map" 
delineates the general location and boundaries of inland wetlands and the general 
locations of watercourses. Copies of this map are available for inspection in the office 
of the Town Clerk or the Planning Department.  In all cases, the precise location of 
inland wetlands and watercourses shall be determined by the actual character of the 
land, the distribution of wetland soil types, and location of watercourses.  The 
Commission may use aerial photography, remote sensing imagery, resource mapping, 
soils maps, site inspection observations or other information in determining the 
location of the boundaries of wetlands and watercourses. 
 
3.2 
If dispute exists as to the designation of the whole or any part of a property as an 
inland wetland or watercourse, the property owner (or in the case of an application, 
the applicant) may petition the Commission to change the designation.  Petitions shall 
be submitted in writing and shall include such information as the Commission deems 
necessary to permit an informed decision.  Such information may include soil 
documentation by a certified soil scientist that the land in question, or a portion of it, 
does or does not have a soil type classified by the National Cooperative Soil Survey 
as poorly drained, very poorly drained, alluvial, or flood plain.  The Commission may 
require the property owner or applicant to proceed in accordance with Section 15 of 
these Regulations.   
 
 
3.3 
The Commission shall maintain a current inventory of inland wetlands and 
watercourses within the Town.  The Commission may amend its map from time to 
time as information becomes available relative to more accurate delineation of 
wetlands and watercourses within the Town.  Any person may petition for an 
amendment to the map.  Petitioners shall bear the burden of proof for all requested 
map amendments.  Such proof may include, but not be limited to, aerial photography, 
remote sensing, imagery, resource mapping or other available information.  Such map 
amendments are subject to the public hearing process outlined in Section 15 of these 
Regulations.   

9 
 
SECTION 4 - PERMITTED USES AS OF RIGHT   
AND NON-REGULATED 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 section 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, or the mining of the topsoil, 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 approved by the Waterford 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, 
whichever is earlier, and further provided 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 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 right hereunder; 
 
c. Boat anchorage or mooring, not to include dredging or dock construction; 
 
d. Uses incidental to the enjoyment or maintenance of a residential property, such 
property defined as equal to or smaller than the largest minimum residential lot 
site permitted in the Town of Waterford and containing a structure.  Such 
incidental uses shall include maintenance of existing structures and landscaping, 
but shall not include removal or deposition of significant amounts of material (as 
determined by the Commission) from or into a wetland or watercourse, or 
diversion, alteration, obstruction, or pollution of a watercourse or wetland. 
 
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 
through 22a-410 of the Connecticut General Statutes.  
 

10 
 
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, whichever is earlier, provided such 
pipe is on property which is zoned as residential but which does not contain 
hydrophytic vegetation.  For purposes of this subsection, “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 
wetlands and watercourses provided they do not disturb the natural and indigenous 
character of the wetlands and watercourses 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, 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 areas, golf courses, field 
trials, 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. 
 
4.3 
All activities in wetlands or watercourses involving filling, excavation, dredging, 
clear-cutting, clearing, grading or any other alteration or use of a wetland or 
watercourse not specifically permitted by Section 4.1 and 4.2 of these Regulations 
and otherwise defined as a regulated activity by these Regulations shall require a 
permit from the Conservation Commission in accordance with Section 6 of these 
Regulations.  
 
4.4 
To carry out the purpose of this section, any person proposing to carry out a permitted 
or non-regulated operation or use of a wetland or watercourse shall, prior to 
commencement of such operation or use, notify the Commission on a form provided 
by it, and provide the Commission sufficient information to enable it to properly 
determine that the proposed operation and use is a permitted or non-regulated use of 
the wetland or watercourse.  The Commission shall rule that the proposed operation 
or use is a permitted or a non-regulated use or operation or that a permit is required.  
Such ruling shall be made no later than thirty five (35) days following the meeting at 
which the request was received.  Any such ruling shall be subject to limitation or 
revocation if it is later shown that a regulated activity is a consequence of that 
proposal. 
 

11 
 
SECTION 5 - ACTIVITIES REGULATED BY THE STATE 
 
 
5.1 
In addition to any permit or approval required by the Commission, the Commissioner 
of Environmental Protection shall regulate activities in or affecting wetlands or 
watercourses subject to the following jurisdiction: 
 
a. Construction or modification of any dam pursuant to Sections 22a-401 through 
22a-411; of the Connecticut General Statutes, as amended;  
 
b. Construction, encroachment or placement of any obstruction within stream 
channel encroachment lines pursuant to Sections 22a-342 through 22a-349a of the 
Connecticut General Statutes, as amended; 
 
c. Construction or placement of any structure or obstruction within the tidal, coastal 
or navigable waters of the State pursuant to Sections 22a-359 through 22a-363 or 
in designated tidal wetlands pursuant to Sections 22a-28 through 22a-35 of the 
Connecticut General Statutes, as amended; 
 
d. Diversion of water including withdrawals of surface or groundwater in excess of 
fifty thousand (50,000) gallons per day, or any piping, culverting, channelization, 
relocation, damming or other alteration of the location of flow of any surface 
waters of the state where the tributary watershed area above the point of such 
alteration is 100 acres or larger, pursuant to sections 22a-365 through 22a-378a of 
the Connecticut General Statutes, as amended; 
 
e. Discharges into the waters of the State pursuant to Section 22a-430 of the 
Connecticut General Statutes, as amended. 
 
f. Discharge of fill or dredged materials into the wetlands and watercourses of the 
State pursuant to Section 401 of the Federal Clean Water Act, as amended, for 
activities regulated by the U.S.  Army Corps of Engineers under Section 404 of 
the Federal Clean Water Act. 
 
5.2 
The Commissioner of Environmental Protection shall have exclusive jurisdiction over 
regulated activities and other activities in or affecting wetlands or watercourses, 
undertaken by any department, agency, or instrumentality of the State of Connecticut, 
except any local or regional Board of Education pursuant to sections 22a-39 or 22a-
45a of the Connecticut General Statutes, as amended. 
 
5.3 
The Commissioner of Environmental Protection shall have exclusive jurisdiction over 
tidal wetlands designated and regulated pursuant to Sections 22a-28 through 22a-35 
of the Connecticut General Statutes, as amended. 
 
5.4 
The Commissioner of Environmental Protection shall have exclusive jurisdiction over 
activities authorized under a dam repair or removal order issued by the Commissioner 
of Environmental Protection under section 22a-402 or a dam construction permit 
issued by the Commissioner of Environmental Protection under sections 22a-403 or 

12 
 
22a-41 of the Connecticut General Statutes.  Any person receiving such dam repair or 
removal order or dam construction permit shall not be required to obtain a permit 
from the municipal wetlands agency for any action necessary to comply with said 
dam order or to carry out the activities authorized by said dam permit. 
 

13 
 
SECTION 6 - ACTIVITIES TO BE LICENSED 
 
 
6.1 
No person shall conduct or maintain a regulated activity without first obtaining a 
permit for such activity from the Waterford Conservation Commission. 
 
6.2 
The Commission shall regulate any operation within, or use of, a wetland or 
watercourse involving removal or deposition of material, or any obstruction, 
construction, alteration, discharge, pollution, or clearing of such wetlands or 
watercourse, or any other activity outside of a wetland or watercourse which is likely 
to impact the wetlands or watercourse, except as otherwise indicated in Section 4 of 
these Regulations. 
 
6.3 
Upland Review Areas 
 
Any clearing, grubbing, filling, grading, paving, excavating, constructing, depositing 
or removing of material and discharging of stormwater on land within 100 feet 
measured horizontally from the boundary of any wetland or watercourse is subject to 
review by the Conservation Commission or its designated agent for determination of 
regulated activities. 
 
 
 
The Commission may rule that any other activity located in such upland review areas 
or in any other non-wetland or non-watercourse area is likely to impact or affect 
wetlands or watercourses and is a regulated activity. 
 
   
6.4 
Any person found to be conducting of maintaining a regulated activity without the 
prior authorization of the Waterford Conservation Commission, or violating any other 
provision of these Regulations, shall be subject to the enforcement proceedings and 
penalties prescribed in Section 14 of these Regulations and any other remedies as 
provided by law. 
 
 
 
 
 
 

14 
 
SECTION 7 - APPLICATION REQUIREMENTS FOR  
REGULATED ACTIVITY 
 
7.1 
Any person intending to undertake a regulated activity shall apply for a permit on a 
form entitled "Town of Waterford Conservation Commission Application for Permit".  
An application shall include an application form (Appendix A) and such information 
as prescribed by this Section.  Application forms may be obtained in the Waterford 
Planning Office. 
 
7.2 
All applications shall contain prescribed information that is necessary for a fair and 
informed determination of the issues as specified by the Commission or its designated 
agent. 
 
7.3 
All applications shall include the following information:  
 
a. A completed application form entitled "Town of Waterford Conservation 
Commission Application for Permit". 
 
b. The purpose and a description of the proposed activity. 
 
c. Alternatives to the proposed activity considered and subsequently rejected by the 
applicant and reasons why the alternative as presented in the application was 
chosen.  All such alternatives shall be diagrammed on a site plan. 
 
d. Map of the property at approximately 1” = 1,000’ showing the geographic 
location of the property, the location of wetlands and watercourses identified on 
the property, and the general location of wetlands and watercourses mapped as 
occurring within 500 feet of the property (as represented on the Soil Survey of 
New London County). 
 
e. Site plan of the property at approximately 1"=40' scale.  Such site plan shall 
contain the following information at a minimum unless a waiver has been 
approved by the Commission. 
 
1.  Preparation and certification, by a surveyor and/or engineer, licensed in 
the State of Connecticut. 
 
2. Property boundaries. 
 
3. Contours at no greater than 2' intervals, both existing and proposed. 
 
4. Vegetation patterns, both existing and proposed. 
 
5.  Wetlands limits and soil type as determined by a soil scientist.  Site plan 
shall be signed by the soil scientist.  Site plan shall include the surveyed 
wetlands line and wetland flag numbers.  
 

15 
 
6.  Upland soil types and delineations based on Soil Survey of New London 
County, or field identified by a soil scientist as may be required by the 
Commission. 
 
7.  Existing and proposed buildings, roads, utility lines, sanitary systems, and 
significant man-made or topographic features on or adjacent to the site. 
 
8.  Flood hazard area classification and delineation. 
  
9. North arrow. 
 
10. Proposed clearing limits.     
 
11. All watercourses shall be shown. 
 
 f. A detailed erosion and sediment and stormwater control plan, which meets or 
exceeds the minimum requirements as set forth in the CTDEP Guidelines for Soil 
Erosion and Sediment Control, revised as amended.  The plan shall include the 
following information at a minimum: 
 
1. Location of areas to be stripped of vegetation and other exposed or 
unprotected areas (location to be shown on site plan). 
 
2. Location, design, timing, and method of installation of structural and non-
structural sediment and stormwater control measures (location to be 
shown on site plan). 
 
3. Timing and description of all major phases of activity, installation of 
sediment and stormwater control measures, and temporary and permanent 
stabilization methods. 
 
4. Emergency provisions for failure of sediment or stormwater control 
devices and accidental spillage. 
 
g.   Management practices and mitigation measures which may be considered as a 
condition of issuing a permit for the proposed regulated activity including; but not 
limited to, measures to prevent or minimize pollution, maintain or enhance 
existing environmental quality, or, in the following order of priority, measures to 
restore, enhance or create productive wetland or watercourse resources. 
 
h.   In the case of fill, grading, or excavation proposals within wetlands or 
watercourses, the following items shall be submitted: 
 
1. Area to be filled, graded, or excavated (to be shown on site plan). 
 
2. Volume of material to be added, moved, or removed. 
 
3. Physical composition and origin of material. 

16 
 
 
4. Potential chemical reactions of deposited materials. 
 
5. Existing and proposed contours (to be shown on the site plan). 
 
6. Any additional requirements for stabilization to ensure adequate protection 
of the wetlands or watercourses. 
 
7. Evaluation of the effect of filling, grading, or excavation in a wetlands or 
watercourse, including but not limited to; 
 
a. Storage volume. 
 
b. Change in floodways and flood hazard areas. 
  
c. Flow alterations. 
 
d.   Effect on groundwater, surface water recharge, or discharge. 
 
e. Biological impacts. 
 
f. Impact to adjacent or contiguous wetlands or watercourses. 
 
i. Anticipated impacts on the wetlands or watercourses as a result of the proposed 
activity. 
 
j. Any additional information the Conservation Commission deems necessary for a 
fair determination on the application. 
 
k. Certification that the applicant is familiar with all the information provided in the 
application and is aware of the penalties for obtaining a permit through deceptive, 
inaccurate, or misleading information. 
 
l. Authorization for the Commissioners and agents of the Commission to inspect the 
property at reasonable times, both before and after a final decision has been 
issued. 
 
m. Submission of the appropriate filing fee based on schedule as established in 
Section 20 of these Regulations. 
 
7.4 
If the proposed activity involves a significant activity as determined by the Waterford 
Conservation Commission and defined in Section 2.32 of these Regulations, 
additional information based on the nature and anticipated effects of the activity, 
including but not limited to the following may be required: 
 
a. Engineering reports, analyses, and additional drawings to fully describe the 
proposed project and any filling, excavation, drainage, or hydraulic modifications 
to wetlands or watercourses. 

17 
 
 
b. Description of the ecological communities and functions of the wetlands or 
watercourses and adjacent uplands involved in the application and the effects of 
the proposed regulated activities on these communities and functions. 
 
c. Description of how the applicant will change, diminish, or enhance the ecological 
communities and functions of the wetlands or watercourses involved in the 
application, each alternative considered to the proposed regulated activity and 
why each alternative considered was deemed neither feasible or prudent.  These 
alternatives shall be diagramed on a site plan or drawing and submitted to the 
Commission. 
 
d. Measures which would mitigate the impact of the proposed activity.  Such 
measures include, but are not limited to, plans or actions which avoid destruction 
or diminution of wetland or watercourse functions, recreational uses, and natural 
habitats which prevent flooding, degradation of water quality, erosion and 
sedimentation, and obstruction of drainage or which otherwise safeguard water 
resources. 
 
7.5 
The applicant shall certify whether: 
 
a. Any portion of the property on which the regulated activity is proposed is located 
within 500 feet of the boundary of an adjoining municipality; 
 
b. Traffic attributable to the completed project on the site will use streets within the 
adjoining municipality to enter or exit the site; 
 
c. Sewer or water drainage from the project site will flow through and impact the 
sewage or drainage system within the adjoining municipality; or, 
 
d. Water run-off from the improved site will impact streets or other municipal or 
private property within the adjoining municipality. 
 
7.6 
Fifteen (15) copies of all application materials shall be submitted unless otherwise 
directed in writing by the Conservation Commission. 
 
7.7 
For any permit application involving property subject to a conservation restriction or 
preservation restriction, the following shall apply (in accordance with Public Act 05-
124 and CGS Section 47-42b & 47-42c): 
   
a. for purposes of this section, “conservation restriction” means a limitation, whether 
or not stated in the form of a restriction, easement, covenant or condition, in any 
deed, will or other instrument executed by or on behalf of the owner of the land 
described therein, including, but not limited to, the state or any political 
subdivision of the state, or in any order of taking such land whose purpose is to 
retain land or water areas predominantly in their natural, scenic or open condition 
or in agricultural, farming, forest or open space use. 
 

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b. for purposes of this section, “preservation restriction” means a limitation, whether 
or not stated in the form of a restriction, easement, covenant or condition, in any 
deed, will or other instrument executed by or on behalf of the owner of the land, 
including, but not limited to, the state or any political subdivision of the state, or 
in any order of taking such land whose purpose is to preserve historically 
significant structures or sites. 
 
c. no person shall file a permit application, other than for interior work in an existing 
building or for exterior work that does not expand or alter the footprint of an 
existing building, relating to the property that is subject to a conservation 
restriction or a preservation restriction unless the applicant provides proof that the 
applicant has provided written notice of such application, by certified mail, return 
receipt requested, to the party holding such restriction not later than sixty days 
prior to the filing of the permit application. 
 
d. in lieu of such notice pursuant to subsection 7.7c, the applicant may submit a 
letter from the holder of such restriction, or from the holder’s authorized agent, 
verifying that the application is in compliance with the terms of the restriction. 
 

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SECTION 8 - APPLICATION PROCEDURES 
 
8.1 
All applications, requests or appeals shall be filed with the Conservation Commission 
of the Town of Waterford. 
 
8.2 
When an application to conduct or cause to be conducted a regulated activity upon an 
inland wetland or watercourse is filed and any portion of such wetland or watercourse 
is within 500 feet of the boundary of East Lyme, New London or Montville, the 
applicant shall give written notice of the application by certified mail, return receipt 
requested, on the same day to the inland wetlands agency of such other municipality.  
Documentation of such notice shall be provided to the Waterford Conservation 
Commission. 
 
8.3 
When an application is filed to conduct or cause to be conducted a regulated activity 
upon an Inland Wetland or Watercourse, any portion of which is within the watershed 
of a water company as defined in Section 25-32a of the General Statutes, the 
applicant shall provide written notice of the application to the water company and the 
Commissioner of Public Health in a format prescribed by said Commissioner, 
provided such water company or said Commissioner has filed a map showing the 
boundaries of the watershed on the land records of the municipality in which the 
application is made and with the inland wetlands agency of such municipality.  Such 
notice shall be made by certified mail, return receipt requested, and shall be mailed 
not later than seven days of the date of application.  The water company, and the 
Commissioner of Public Health, through a representative, may appear and be heard at 
any hearing on the application. 
  
[NOTE:  The Connecticut Department of Public Health’s “Town of Waterford Public Drinking Water Supply 
Sources” map identifies one (1) public water supply watershed area in Waterford, located in the southern 
drainage area of Lake Konomoc.] 
 
8.4 
The Commission shall, in accordance with CGS Section 22a-42b, notify the clerk of 
any adjoining municipality of the pendency of any application, petition, appeal or 
request concerning any project on any site in which: 
 
a. Any portion of the property affected by the decision of the Commission is located 
within 500 feet of the boundary of an adjoining municipality; 
 
b. A significant portion of the traffic to the completed project on the site will use 
streets within the adjoining municipality or enter or exit the site; 
 
c. A significant portion of the sewer or water drainage from the project site will flow 
through and significantly impact the sewage or drainage system within the 
adjoining municipality; or, 
 
d. Water run-off from the improved site will impact streets or other municipal or 
private property within the adjoining municipality. 
 
Notice of the pendency of such application shall be made by certified mail, return 

20 
 
receipt requested and shall be mailed within seven (7) days of the date of receipt of 
the application, petition, appeal or request. 
 
8.5 
The date of receipt of any application, petition, appeal or request shall be the day of 
the next regularly scheduled meeting of the Conservation Commission immediately 
following the day of submission to the Commission, or thirty-five (35) days after such 
submission, whichever is sooner. 
 
8.6 
At any time during the review period, the Commission may require the applicant to 
provide additional information about the regulated area or regulated activity which is 
the subject of the application, or wetlands or watercourses affected by the regulated 
activity.  The Commission shall not exceed the required sixty-five (65) day time limit 
in taking action on an application pending the receipt of additional information as 
stated in Section 11.2 of these Regulations.  
 
8.7 
All applications shall be open for public inspection. 
 
8.8 
Incomplete applications may be denied. 

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SECTION 9 - PUBLIC HEARINGS 
 
 
9.1 
The Commission shall not hold a public hearing on an application unless the 
Commission determines that the proposed activity may have a significant impact on 
wetlands or watercourses, a petition signed by at least twenty-five (25) persons who 
are eighteen years of age or older and who reside in the municipality in which the 
regulated activity is proposed requesting a public hearing is filed with the 
Commission not later than fourteen (14) days after the date of receipt of the 
application, or the Commission finds that a public hearing regarding such application 
would be in the public interest.  The Commission may issue a permit without a public 
hearing provided no petition provided for in this section is filed with the Commission 
on or before the fourteenth day after the date of receipt of the application.  Such 
hearing shall be held no later than sixty-five (65) days after the date of receipt of the 
application. All applications and maps and documents relating thereto shall be open 
for public inspection.  Any person may appear and be heard at any public hearing. 
 
9.2 
Notice of the public hearing shall be published at least twice at intervals of not less 
than two (2) days, the first not more than fifteen (15) days and not fewer than ten (10) 
days, and the last not less than two days before the date set for the hearing, in a 
newspaper having a general circulation in Waterford. 
 
9.3 
In the case of any application which is subject to the notification provisions of 
Section 8.3 and 8.4 of these Regulations, a public hearing shall not be conducted until 
the Clerk of the adjoining municipality(ies) has been notified of the pendency of the 
application.  Proof of such notification shall be entered into the hearing. 
 
9.4 
In the case of any application which is subject to a public hearing, the applicant shall 
mail notification of said pending application to at least one owner of all properties 
within the site addressed in the application and of all properties located within 100 
feet or less distance therefrom, all as shown on the latest Grand List of the Town of 
Waterford in the Assessor’s Office (or the actual owners of record if otherwise known 
to the applicant).  The applicant shall prepare a list of the names and addresses of 
owners of all properties within 100 feet of the subject property and submit this list 
with a map indicating all the described properties to the Environmental Planner.   
 
Notification shall be conducted not more than 15 days nor less than 10 days before 
the date set for the public hearing, by transmitting the text of the public hearing notice 
as provided by the Commission.  Evidence of such mailing, in the form of U.S. Post 
Office Certificates of Mailing, shall be submitted to the Environmental Planner with 
the list of adjacent property owners not less than five calendar days prior to the 
hearing date. 
 

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SECTION 10:  CONSIDERATIONS FOR DECISION 
 
 
10.1 
The Commission shall consider the following in making its decision on an 
application: 
 
a. The application and its supporting documentation; 
 
b. Public comments, evidence, and testimony from a public hearing; 
 
c. Reports from other agencies and commissions or town staff including but not 
limited to the Town of Waterford: 
 
1. Planning & Zoning Commission 
2. Flood and Erosion Control Board 
3. Water Pollution Control Authority 
4. Environmental Planner, Town Planner, Zoning Enforcement Officer, 
Town Engineer, Health Official, or Building Official. 
 
d.  The Commission may also consider comments on any application from the New 
London County Soil and Water Conservation District, City of New London Water 
Department, the Southeastern Connecticut Regional Planning Agency or other 
regional organizations (i.e. Council of Elected Officials), agencies in adjacent 
municipalities which may be affected by the proposed activity, State or Federal 
Agencies, professional consultants, or other technical agencies or organizations 
which may undertake additional studies or investigations. 
 
Non-receipt of comments as listed in 10.1.c and 10.1.d of these Regulations within 
the prescribed time shall neither delay nor prejudice the decision of the Commission. 
 
10.2 
Standards and Criteria for Decision:   
 
In carrying out the purposes and policies of Sections 22a-36 to 22a-45, inclusive, 
including matters relating to regulating, licensing and enforcing of the provisions 
thereof, the Conservation Commission shall take into consideration all relevant facts 
and circumstances, including but not limited to: 
 
a. The environmental impact of the proposed regulated activity on wetlands and 
watercourses, including the effects on the capacity of the inland wetland and 
watercourse to support fish and wildlife, to prevent flooding, to supply and protect 
surface and ground-waters, to control sediment, to facilitate drainage, to control 
pollution, to support recreational activities, and to promote public health and 
safety. 
 
b. The applicant’s purpose for, and any feasible and prudent alternatives to the 
proposed regulated activity, which alternatives would cause less or no 
environmental impact to wetlands or watercourses. 
 

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c. The relationship between the short-term and long-term impacts of the proposed 
regulated activity on wetlands or watercourses and the maintenance and 
enhancement of long-term productivity of such wetlands or watercourses, 
including consideration of the extent to which the proposed activity involves 
tradeoffs between short-term environmental gains at the expense of long-term 
losses, or vice versa, and consideration of the extent to which the proposed action 
forecloses or predetermines future options. 
 
d. Irreversible and irretrievable loss of wetland or watercourse resources which 
would be caused by the proposed regulated activity, including the extent to which 
such activity would foreclose a future ability to protect, enhance or restore such 
resources, and any mitigation measures which may be considered as a condition 
of permit for such activity including, but not limited to, measures to (1) prevent or 
minimize pollution or other environmental damage, (2) maintain or enhance 
existing environmental quality, or (3) in the following order of priority: restore, 
enhance and create productive wetland or watercourse resources. 
 
This requires recognition that the inland wetlands and watercourses of the State of 
Connecticut are an indispensable, irreplaceable, and fragile natural resource, and 
that these areas may be irreversibly