Conn. Agencies Regs. § 22a-30-11 - Use guidelines
(a) The classes of
activities listed in this section are established for the purposes of providing
guidance to prospective applicants and to the public when determining the
potential acceptability of proposed regulated activities to be undertaken
within the boundaries of a wetland. Nothing in this section shall be construed
as constituting approval or disapproval of any activity prior to the decision
on a permit. All activities except those specifically exempted by section
22a-29(3)
of the General Statutes are subject to the permit requirements of these
regulations. Since the physical and biological conditions within the wetlands
of the state vary with respect to location, tidal range, soil condition, water
quality, sediment supply and the character of the surrounding upland each
activity must be judged as to its acceptability on a case-by-case
basis.
(b)
Activities which
may be generally compatible under certain conditions. The following
activities may be generally compatible with the functions of wetlands and with
established public policy for their management under certain conditions.
Nothing in this subsection shall be construed as constituting conditional
approval of any activity prior to regulatory review and the decision on a
permit. The conditions listed with each activity are minimum conditions. All
activities listed in this subsection are further subject to any conditions or
limitations which the commissioner deems necessary on a case-by-case basis to
carry out the provisions of these regulations:
(1) Conservation activities, except those not
regulated pursuant to section
22a-29
of the General Statutes, such as habitat restoration or wildlife management,
which:
(A) Do not require significant
physical alteration of the wetland;
(B) Do not result in continuous compaction of
the peat soils;
(2)
Placement of small piers, catwalks, floats, docks, piles and other similar
structures including trails and pedestrian access routes when:
(A) They do not involve dredging or filling
of the wetland surface;
(B) They
are elevated on low-impact pile foundations;
(C) They do not interfere with or obstruct
navigation;
(D) They do not
restrict tidal circulation or flushing;
(3) Repair, relocation and/or rearrangement
of floating docks, open pile docks, and similar structures within an
established marina or boat basin where such activities involve no disturbance
of wetland other than removing and relocating anchors or pilings;
(4) Placement of pipes and cables when:
(A) They are installed below grade;
(B) They are sited to take advantage of
existing areas of disturbances or existing transportation corridors;
(C) Damage to the wetland systems as a result
of construction activities is minimized;
(D) The wetland is restored to its natural
condition following construction;
(E) Appropriate erosion and sedimentation
controls are instituted so as to minimize impacts on water quality and
sedimentation in surrounding areas;
(5) Stormwater drainage structures when:
(A) The pipe empties into streams or ditches
within the wetland rather than directly onto the wetland surface;
(B) The discharge pipe and head wall do not
project unnecessarily onto or require fill of the wetland surface;
(C) The velocities of the discharged water
are not sufficiently large to cause erosion or scouring of the wetland's
surface or vegetation;
(D) The
discharge pipe is equipped with catch basins which are cleaned sufficiently
often to maintain unimpaired function;
(6) Erection of water-dependent industrial
and commercial facilities when:
(A) Elevated
pile-supported construction is utilized;
(B) They do not interfere with the
circulation of tidal or coastal waters;
(C) The facilities are designed to minimize
the destruction of indigenous wetland vegetation;
(D) They do not significantly affect native
wildlife, finfish or shellfish populations;
(E) Their encroachment into wetland areas is
limited to that minimally necessary to provide structural stability;
(F) There is no alternative for accomplishing
the applicant's objective which is technically feasible and which further
minimizes adverse impacts;
(G) The
height, width and length of structures are limited to the minimum dimensions
necessary to accomplish their intended function;
(7) Construction of boat launching ramps
when:
(A) All parking is provided on
upland;
(B) Encroachment into the
wetland is limited to the minimum necessary to provide access to coastal or
tidal waters;
(8)
Erection of power transmission lines when:
(A)
They do not alter the topography of the wetland;
(B) Permanent' vehicular accessways to the
structure are not constructed in the wetland;
(C) Alternative routes have been explored and
found to be infeasible;
(D)
Encroachment onto the wetland is limited to the minimum necessary to achieve
structural stability.
(c)
Activities which are generally
incompatible. The following activities are generally incompatible with
the functions of wetlands and with established public policy for their
management. Nothing in this subsection shall be construed as constituting
disapproval of any activity prior to regulatory review and the decision on a
permit:
(1) Dredging;
(2) Filling;
(3) Installation of electric, gas, water or
other utilities which would change the natural contours of the wetland or
prevent reestablishment of wetland vegetation or impede tidal
circulation;
(4) Installation of
drainage control structures such as dry wells, retention basins, filters, open
swales, or ponds;
(5) Disposal of
dredged materials;
(6)
Grading;
(7) Excavation;
(8) Construction of solid fill
docks;
(9) Construction of
bulkheads, groins, revetments, berms and other shoreline stabilization
structures;
(10) Construction of
dikes and tidal gates or maintenance, repair or replacement of dikes and tidal
gates which have not been maintained in serviceable condition during the period
immediately prior to the proposed maintenance, repair or replacement;
(11) Construction of single family dwellings
or multiple family dwellings on fill;
(12) Construction of commercial or industrial
use facilities or public buildings which do not require water access, and
construction of water-dependent commercial or industrial use facilities or
public buildings on fill;
(13)
Construction or substantial expansion of airports, runways and any accessory
facilities to support air transportation, not including maintenance of existing
facilities.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.