Sec.
22a-40. Permitted operations and uses. (a) The following operations and uses shall be permitted
in wetlands and watercourses, as of right:
(1) Grazing, farming, nurseries, gardening
and harvesting of crops and farm ponds of three acres or less essential to the
farming operation, and activities conducted by, or under the authority of, the
Department of Environmental Protection for the purposes of wetland or
watercourse restoration or enhancement or mosquito control. The provisions of
this subdivision shall not be construed to include road construction or the
erection of buildings not directly related to the farming operation, relocation
of watercourses with continual flow, filling or reclamation of wetlands or
watercourses with continual flow, clear cutting of timber except for the
expansion of agricultural crop land, the mining of top soil, peat, sand, gravel
or similar material from wetlands or watercourses for the purposes of sale;
(2) A residential home (i) for which a
building permit has been issued or (ii) on a subdivision lot, provided the
permit has been issued or the subdivision has been approved by a municipal
planning, zoning or planning and zoning commission as of the effective date of
promulgation of the municipal regulations pursuant to subsection (b) of section
22a-42a or as of July 1, 1974, whichever is earlier, and further provided no
residential home shall be permitted as of right pursuant to this subdivision
unless the permit was obtained on or before July 1, 1987;
(3) Boat anchorage or mooring;
(4) Uses incidental to the enjoyment and
maintenance of residential property, such property defined as equal to or
smaller than the largest minimum residential lot site permitted anywhere in the
municipality, provided in any town, where there are no zoning regulations
establishing minimum residential lot sites, the largest minimum lot site shall
be two acres. Such incidental uses shall include maintenance of existing
structures and landscaping but shall not include removal or deposition of
significant amounts of material from or onto a wetland or watercourse or
diversion or alteration of a watercourse;
(5) Construction and operation, by water
companies as defined in section 16-1 or by municipal water supply systems as
provided for in chapter 102, 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 and 22a-403; and
(6) Maintenance relating to any drainage
pipe which existed before the effective date of any municipal regulations
adopted pursuant to section 22a-42a 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 subdivision,
"maintenance" means the removal of accumulated leaves, soil, and
other debris whether by hand or machine, while the pipe remains in place.
(b) The following operations and uses shall
be permitted, as nonregulated uses in wetlands and watercourses, provided they
do not disturb the natural and indigenous character of the wetland or
watercourse by removal or deposition of material, alteration or obstruction of
water flow or pollution of the wetland or watercourse:
(1) Conservation of soil, vegetation,
water, fish, shellfish and wildlife; and
(2) Outdoor recreation including play and
sporting areas, golf courses, field trials, nature study, hiking, horseback
riding, swimming, skin diving, camping, boating, water skiing, trapping,
hunting, fishing and shellfishing where otherwise legally permitted and
regulated.
(c) Any dredging or any erection,
placement, retention or maintenance of any structure, fill, obstruction or encroachment,
or any work incidental to such activities, conducted by a state agency, which
activity is regulated under sections 22a-28 to 22a-35, inclusive, or sections
22a-359b to 22a-363f, inclusive, shall not require any permit or approval under
sections 22a-36 to 22a-45, inclusive.
(1972, P.A.
155, S. 3; P.A. 73-571, S. 1, 9; P.A. 77-599, S. 2, 7; P.A. 87-533, S. 2, 14;
P.A. 88-364, S. 33, 123; P.A. 94-89, S. 15; P.A. 97-289, S. 5, 9; P.A. 98-209,
S. 4.)
History: P.A.
73-571 allowed usage of wetlands and watercourses for grazing, farming, etc.
purposes, for residential purposes, for boat anchorage or mooring and for water
supply purposes "as of right" as was previously the case deleting
exception "as they involve regulated activities", but allowed usage
"as a nonregulated use ... provided they do not disturb the natural and
indigenous character of the land" for conservation of soil, vegetation,
etc. and outdoor regulation, where previously these uses too had been "as
of right"; P.A. 77-599 amended Subsec. (a)(2) for clarity adding
references to approval by municipal planning and zoning commissions and to July
1, 1974, as alternate approval date, amended (a)(4) for clarity by adding words
"equal to or smaller than" with reference to lot size, by specifying
that incidental uses include "maintenance of existing structures and
landscaping" but exclude "removal or deposition of significant
amounts of material from or onto a wetland or watercourse or diversion or
alteration of a watercourse", amended Subsec. (b) to
specifically prohibit removal or deposition of material, alteration or
obstruction of water flow or pollution of wetlands or watercourses and to refer
to field "trials" rather than field "trails" in Subdiv.
(2); P.A. 87-533 amended Subsec. (a)(1) to require
permits for farm ponds not essential to the farming operation, and certain road
construction, relocation of wetlands and watercourses with continual flow,
clear cutting of timber, and mining for the purposes of sale and amended
Subsec. (a)(2) to require permits for all residential
homes after July 1, 1987; P.A. 88-364 made a technical change in Subsec. (a);
P.A. 94-89 added Subsec. (a)(6) re maintenance of
drainage pipes in certain wetlands areas; P.A. 97-289 amended Subsec. (a)(1) to include in the operations permitted as of right
activities of the Commissioner of Environmental Protection re wetland or
watercourse restoration and mosquito control, effective
Cited. 179 C. 250. Cited. 180 C. 421;
Cited. 4 CA 271. Cited. 5
CA 70. Cited. 6 CA 715.
Cited. 7 CA 283. Inland
wetlands and watercourses act cited. 12 CA 47. Inland
wetlands and watercourses act cited. 15 CA 336; 18 CA 440.
Cited. 19 CA 713. Inland
wetlands and watercourses act cited. 20 CA 309; 26 CA 564; 27
CA 590; 28 CA 780. Inland wetlands and watercourses act, Sec. 22a-36 et
seq. cited. 29 CA 12;
Cited. 35 CS 145. Cited. 36 CS 1. Cited. 41
CS 444. Cited. 42 CS 57.
Subsec. (a):
Subdiv. (4): Statute intended to apply only
to that which is already in existence on residential property, including
residence. 183 C. 532. Subdiv.
(1) cited. 215 C. 616. Subdiv. (2): There is no as-of-right exemption from wetlands
regulation under this section for construction of houses on subdivision lots
existing prior to
Subdiv. (1):
Regulation in effect at time of court decision is controlling. 18 CA 440. Subdiv. (1) cited. 20 CA 819. Subdiv. (1) cited. 24 CA 163.
Subsec. (b):
Cited. 217 C. 164.