INLAND WETLANDS AND WATERCOURSES MODEL …

1 INLAND WETLANDS AND WATERCOURSES MODEL municipal regulations fourth EDITION MAY 1, 2006 STATE OF connecticut DEPARTMENT OF ENVIRONMENTAL PROTECTION 79 Elm Street Hartford, CT 06106-5127 Gina McCarthy, Commissioner connecticut DEPARTMENT OF ENVIRONMENTAL PROTECTION INLAND WETLANDS AND WATERCOURSES MODEL municipal regulations fourth EDITION MAY 1, 2006 TABLE OF CONTENTS Introduction .. Page 1 Revisions .. Page 2 Title and Authority .. Section 1 .. Page 7 Definitions .. Section 2 .. Page 8 Inventory of INLAND WETLANDS and WATERCOURSES .. Section 3 .. Page 11 Permitted and Nonregulated Uses.

2 Section 4 .. Page 11 Activities Regulated by the State .. Section 5 .. Page 13 Regulated Activities to be Licensed .. Section 6 .. Page 13 Application Requirements .. Section 7 .. Page 14 Application Procedures .. Section 8 .. Page 16 Public Hearings .. Section 9 .. Page 17 Considerations for Decisions .. Section 10 .. Page 18 Decision Process and Permit .. Section 11 .. Page 20 Action by Duly Authorized Agent .. Section 12 .. Page 21 Bond and Insurance .. Section 13 .. Page 22 Enforcement .. Section 14 .. Page 22 Amendments .. Section 15 .. Page 23 Appeals.

3 Section 16 .. Page 25 Conflict and Severance .. Section 17 .. Page 25 Other Permits .. Section 18 .. Page 25 Application Fees .. Section 19 .. Page 25 Effective Date of regulations .. Section 20 .. Page 28 Appendices A .. Definition of Agriculture .. Page 29 B .. Section 8-7d .. Page 30 C .. Upland Review Guidelines .. Page 32 -1- INTRODUCTION The WETLANDS Management Section of the connecticut Department of Environmental Protection (DEP) is pleased to present this MODEL regulation for use by connecticut s municipal INLAND WETLANDS agencies.

4 The purpose of the MODEL is to present a framework for municipal INLAND WETLANDS and WATERCOURSES regulations that ensures conformity with the INLAND WETLANDS and WATERCOURSES Act, sections 22a-36 through 45 of the connecticut General Statutes. The MODEL is designed so that it can be adopted with minimal changes or it can be customized to reflect the uniqueness of your municipality. We at the DEP consider the MODEL an important part of our efforts to assist your municipality in the administration of the Act. The MODEL provides the DEP with a convenient forum to describe changes to municipal INLAND WETLANDS and WATERCOURSES regulations made necessary as a result of amendments to the Act.

5 Further, the MODEL is a valuable training tool for new municipal commissioners and staff, and the DEP continues to use the MODEL in our municipal INLAND wetland Commissioners Training Program. The MODEL is a success; the majority of our municipalities now use the MODEL to help navigate through the increasingly complex regulatory landscape in connecticut . The Department of Environmental Protection is an affirmative action/equal opportunity employer, providing programs and services in a fair and impartial manner. In conformance with the Americans With Disabilities Act, the DEP makes every effort to provide equal effective services for persons with disabilities.

6 Individuals with disabilities needing auxiliary aids or services, or for more information by voice or TTY/TDD call (860) 424-3000. -2- REVISIONS This version of the INLAND WETLANDS and WATERCOURSES MODEL municipal regulations is a revision of the prior MODEL dated Rev. March 1997 . It is considered the fourth edition and is dated May 1, 2006. This edition has been revised to be consistent with all amendments to the INLAND WETLANDS and WATERCOURSES Act through December 31, 2004. It contains all the changes the DEP has made to the MODEL as noted in our Legislation and regulations Advisories up to and including our 2004 Legislation and regulations Advisory dated November 29, 2004.

7 Items which have been revised are underlined. Specifically, revisions to the Rev. March 1997 MODEL include the following: Section -Bog- definition amended -Designated Agent- definition deleted -Discharge- definition amended -Disturb the natural and indigenous character of the wetland or watercourse - definition deleted -Essential to the farming operation- definition amended to remove the word existing -Farming- definition amended, reference to Appendix A -License- new definition to reflect statutory definition -Marshes- definition amended -Material- definition amended to reflect statutory definition -Nurseries- definition amended -Permit- definition deleted.

8 Reference to License -Person- definition amended to reflect statutory definition -Regulated Activity- definition has a reference to Appendix B -Regulated Area- definition deleted -Remove- definition amended to reflect statutory definition -Significant impact- definition amended -Swamps- definition amended - WETLANDS - definition amended to reflect statutory definition Section 3 -Title amended to read Inventory of WETLANDS and WATERCOURSES Section -Regulated area changed to WETLANDS and WATERCOURSES Section -Amended to allow any person rather than any owner to propose map amendments Section -Amended so reference to any person is now in section -Amended to delete reference to designated agent -3- Section -New section applies to all map amendments Section -Amended to reflect statutory language Section -Amended to reflect statutory language Section -Amended to reflect statutory language Section -Amended to reflect statutory language Section -Amended to reflect statutory language Section -Amended to reflect statutory language Section a -Amended to reflect statutory language Section b -Amended to reflect statutory language Section -Amended to add authority of duly authorized agent

9 Section -Amended to reflect statutory authority Section 5 -Amended to make clear the program areas that are regulated exclusively by the Commissioner of Environmental Protection, title of section amended. Section -Deleted and replaced with language of previous section Section -Deleted and replaced with language of previous section Section -Deleted and replaced with language of previous section -4- Section -Deleted and replaced with language of previous section Section -Amended for clarification Section -Amended to include statutory language Section -Amended for clarification Section -Amended for clarification Section -Amended to include statutory language Section -Amended to reflect amendments to the Act Section -Deleted to reflect amendments to the Act Section -Renumbered

10 To section -Amended to reflect amendments to the Act Section -Renumbered to section Section -Amended to reflect amendments to the Act -Renumbered to section Section -Renumbered to section Section -Renumbered to section Section -Renumbered to section Section -Amended to reflect amendments to the Act -5- Section -Deleted as not required by the Act Section -Deleted as not required by the Act Section -Deleted as not allowed unless application is subject to a public hearing Section -Renumbered to section Section -Renumbered to section Section -Renumbered to section -New section added to address applications subject to public hearing Section -Deleted and replaced with new language to reflect amendments to the Act Section -New section added to reflect amendments to the Act Section -New section that contains the language of the former section -Amended for clarification Section -Amended for clarification Section -Amended to reflect amendments to the Act Section -Amended for clarification Section -Amended to require a bond as a permit condition Section -Amended for clarification Section -Amended to delete reference to the authority to inspect property