Inland Wetlands Watercourses Regulations (PDF)

Originally approved: June 3, 1974
Revised Through: June 1, 2011

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

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[TY AND PURPOSE
SECTION 1 - TITLE, AUTHOR
These regulations shall be known as "The Inland Wetlands and Watercourses
Regulations of the Town of Waterford".
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.
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.
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
for their conservation, economic, aesthetic, recreational and other public and private

1.5
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.
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.

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SECTION 2 - DEFINITIONS
Act: The Inland Wetlands and Watercourses Act, Sections 22a-36 through 22a-45 of
the General Connecticut Statutes, as amended.
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).
Clearing: The removal of any significant amount of vegetation from wetlands.
Clear-cutting: The harvest of timber in a fashion which removes the majority of trees
greater than 2" diameter at breast height.
Commission: The Waterford Conservation Commission.
Commission Member: A member of the Conservation Commission of the Town of
Waterford.
Commissioner of Environmental Protection: The Commissioner of the State of
Connecticut, Department of Environmental Protection.
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.
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: The emission of any water, substance or material into wetlands or
watercourses of the Town of Waterford whether or not such substance causes
pollution.
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.
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

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maintenance for the safety and welfare of the residents of Waterford.
Essential to the Farming Operation: The proposed activity is necessary and
indispensable to sustain farming activities on the farm.
Farming: The use of land for the growing of crops, raising of livestock, or other
agricultural use.
Feasible: The ability to be constructed or implemented consistent with sound
engineering principles.
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.
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.
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).
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.
Municipality: The Town of Waterford, Connecticut.
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.
Nurseries: The 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
4.

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Regulations, and the Act or other municipal, state and federal law.
Permittee: The person to whom such permit has been issued.
Person: Any person, firm, partnership, association, corporation, company,
organization or legal entity of any kind, including municipal corporations,
government agencies, or subdivisions thereof.
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.
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.
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.
Remove: Includes, but shall not be limited to, drain, excavate, mine, dig, dredge,
suck, bulldoze, dragline, or blast.
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.
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,
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watercourse, or groundwater. Such degradation to be measured by standards of
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.
Soil Scientist: An individual duly qualified in accordance with standards set by the
Federal Office of Personnel Management.
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).
Submerged Lands: Those lands which are inundated by water on a seasonal or more
frequent basis.
Town: The Town of Waterford, State of Connecticut.
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.
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.
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
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.

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SECTION 3 - INVENTORY OF INLAND WETLANDS AND
WATERCOURSES
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.
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.
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.

AND NON-REGULATED USES
4.] 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;
A residential home (i) for which a building permit has been issued, or (11) 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;
Boat anchorage or mooring, not to include dredging or dock construction;
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.
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.

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4.4.
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.
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.
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.
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.
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5.4
SECTION 5 - ACTIVITIES REGULATED BY THE STATE
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.
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.
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.
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
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issued by the Commissioner of Environmental Protection under sections 22a-403 or
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.
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6.4
SECTION 6 - ACTIVITIES TO BE LICENSED
No person shall conduct or maintain a regulated activity without first obtaining a
permit for such activity from the Waterford Conservation Commission.
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.
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.
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.
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7.1
7.2
7.3
SECTION 7 - APPLICATION REQUIREMENTS FOR
REGULATED ACTIVITY
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.
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.
All applications shall include the following information:
a.
A completed application form entitled "Town of Waterford Conservation
Commission Application for Permit".
The purpose and a description of the proposed activity.
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.
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).
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.
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9.
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.
Existing and proposed buildings, roads, utility lines, sanitary systems, and
significant man-made or topographic features on or adjacent to the site.
Flood hazard area classification and delineation.
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).
Location, design, timing, and method of installation of structural and non-
structural sediment and stormwater control measures (location to be
shown on site plan).
Timing and description of all major phases of activity, installation of
sediment and stormwater control measures, and temporary and permanent
stabilization methods.
Emergency provisions for failure of sediment or stormwater control
devices and accidental spillage.
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.
In the case of fill, grading, or excavation proposals within wetlands or
watercourses, the following items shall be submitted:
I.
2.
3.
Area to be filled, graded, or excavated (to be shown on site plan).
Volume of material to be added, moved, or removed.
Physical composition and origin of material.
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7.4
1.
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.
Anticipated impacts on the wetlands or watercourses as a result of the proposed
activity.
Any additional information the Conservation Commission deems necessary for a
fair determination on the application.
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.
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.
Submission of the appropriate filing fee based on schedule as established in
Section 20 of these Regulations.
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.
16

7.5
7.6
7.7
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.
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.
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.
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;
Traffic attributable to the completed project on the site will use streets within the
adjoining municipality to enter or exit the site;
Sewer or water drainage from the project site will flow through and impact the
sewage or drainage system within the adjoining municipality; or,
Water run-off from the improved site will impact streets or other municipal or
private property within the adjoining municipality.
Fifteen (15) copies of all application materials shall be submitted unless otherwise
directed in writing by the Conservation Commission.
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.
17

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.
18

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
19

8.5
8.6
8.7
8.8
receipt requested and shall be mailed within seven (7) days of the date of receipt of
the application, petition, appeal or request.
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.
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.
All applications shall be open for public inspection.
Incomplete applications may be denied.
20

9.1
9.2
9.3
9.4
SECTION 9 - PUBLIC HEARINGS
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 1s 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.
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.
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.
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.
21

10.1
10.2
SECTION 10: CONSIDERATIONS FOR DECISION
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:
Planning & Zoning Commission
Flood and Erosion Control Board
Water Pollution Control Authority
Environmental Planner, Town Planner, Zoning Enforcement Officer,
Town Engineer, Health Official, or Building Official.
ed
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.
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.
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.
22

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.
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 destroyed by deposition, filling, or removal of
material, by the diversion, diminution, or obstruction of water flow, including low
flows, and by the erection of structures and other uses.
The character and degree of injury to, or interference with, safety, health, or the
reasonable use of property, including abutting or downstream property which
would be caused or threatened by the proposed regulated activity, or the creation
of conditions which may do so. This includes recognition of potential damage
from erosion, turbidity, or siltation; loss of fish and wildlife and their habitat; loss
of unique habitat, loss of habitat having natural, scientific, or educational value;
loss or diminution of beneficial aquatic organisms and wetland plants; the dangers
of flooding and pollution; and the destruction of economic, aesthetic, recreational,
and other public and private uses and values of wetlands and watercourses to the
community.
The impacts of the proposed regulated activity on wetlands or watercourses
outside the area for which the activity is proposed and future activities associated
with or reasonably related to, the proposed regulated activity which are made
inevitable by the proposed regulated activity and which may have an impact on
wetlands or watercourses.
Measures which would mitigate the impact of any aspect of the proposed
regulated activity(ies). Such measures include, but are not limited to, actions
which would avoid adverse impacts or lessen impacts to wetlands and
watercourses and which could be feasibly carried out by the applicant and would
protect the natural capacity of the wetland or watercourse to support fish and
wildlife, prevent flooding, supply water, control sedimentation, prevent erosion,
assimilate wastes, facilitate drainage, and