Under § 25-102d of the Connecticut General Statutes, the Conservation District is established for the enjoyment of present and future generations of Connecticut citizens, to preserve the unique scenic, ecological, scientific and historic values which the Lower Connecticut River contributes for public enjoyment, inspiration, and scientific study, and to prevent deterioration of the natural or traditional river scene.
A. 
No activity regulated under Article 14 shall commence prior to the issuance of a permit and no such permit shall be granted unless the Commission finds that the proposed activity is compatible with the preservation of the natural or traditional river scene and consistent with the purposes of Chapter 477A of the Connecticut General Statutes.
[Amended 9-12-2022]
A. 
No building or other structure shall be constructed, enlarged, extended, moved or structurally altered nor shall any land be filled within a distance of 100 feet of the high tide line (as defined in the Connecticut General Statutes) of the Connecticut River or any of its tributaries or associated wetlands. At its discretion, upon determination of functional need, the Commission may issue a special permit to reduce the setback for structures that require direct access to the water as an operational necessity, such as piers, docks, boathouses and boat sheds.
B. 
Illumination within the 100-foot setback and on docks shall be the minimum necessary for safety. Lighting shall be activated upon need and set to time off after use.
In addition to the requirements of Article 15, Floodplain District, no grading, excavation, deposition, construction, noncommercial cutting or alteration is permitted within a land buffer zone 100 feet wide adjoining tidal wetlands until there is first submitted to the Zoning Enforcement Officer a site plan showing the details of the proposed development and including soil erosion and sedimentation control measures and a noncommercial cutting plan, with other information as may reasonably be required. No permit for such operations shall be granted unless the plan shall clearly show that the proposed development will not cause any filling in of the tidal wetlands.
A. 
Required vegetative buffer. There shall be no cutting of vegetation within a strip of land extending 50 feet in horizontal distance inland from the high tide line, as defined in the Connecticut General Statutes, of the Connecticut River or any of its tributaries or associated wetlands, except as provided in this section.
(1) 
There shall be no clear-cut openings, and a well-distributed stand of trees and other vegetation, including existing ground cover, shall be maintained. Existing vegetation less than three feet in height and other ground cover shall not be removed except to provide for a footpath or other permitted uses. Pruning of tree branches on the bottom third of trees is permitted. Fields which have reverted primarily to shrubs, trees or other woody vegetation shall be regulated under the provisions of this section. Cleared openings legally in existence on the effective date of these regulations may be maintained but shall not be enlarged.
(2) 
There shall be no timber harvesting within the buffer area except to remove safety hazards. When removal of storm-damaged, diseased, unsafe or dead trees results in the creation of cleared openings, these openings shall be replanted with native tree species unless existing new tree growth is present. Prior to cutting of diseased or damaged trees, a determination about the conditions of such trees shall be made by the Zoning Enforcement Officer upon review of a letter stating the necessity of such action submitted to the Zoning Enforcement Officer by a public or consulting forester.
(3) 
In no event shall an opening be cleared for development, including but not limited to surface regrading, stormwater drainage structures, construction of retention walls, construction of principal or accessory structures, driveway construction, sewage disposal areas, and lawns and gardens.
(4) 
A footpath not to exceed five feet in width is permitted provided that a cleared line of sight to the water through the buffer strip is not created.
(5) 
Stairs or similar structures may be allowed with a permit from the Zoning Enforcement Officer to provide shoreline access in areas of steep slopes or unstable soils, provided that the structure is limited to a maximum of five feet in width and does not extend below or over the high tide line of the Connecticut River or its tributaries or the upland edge of a wetland and the applicant demonstrates that no reasonable access alternative exists on the property.
(6) 
A vegetated buffer shall not be required for areas within the Conservation District which have been mapped and designated by the Planning and Zoning Commission as "developed areas." In such developed areas, property owners are encouraged, where feasible, to maintain a vegetated area of trees and shrubs immediately adjacent to the water to avoid erosion and enhance the scenic quality of the river scene. For purposes of this section, a developed area is an area adjacent to the Connecticut River or its tributaries and associated wetlands within the fifty-foot area immediately landward of the high tide line, as defined in Connecticut General Statutes § 22a-359(c), which has been developed in the sense of being armored through the use of bulkheads, riprap or other structural stabilization methods or materials. The fifty-foot buffer area may also be considered as "developed" if clearing or construction activities such as paving have occurred in such a manner so as to make the retention or replacement of vegetation within said fifty-foot area impractical, infeasible or undesirable. Every portion of the buffer area shall be considered on its own merits, even within the confines of a single lot or parcel. If only a part of the buffer has been developed, the vegetated buffer shall be required for the remaining undeveloped part. For purposes of this definition, an existing lawn shall be considered as a developed area.
A special permit is required for all construction, reconstruction, enlargement, or structural alterations of principal and accessory residential structures which result in one or more buildings or structures having a combined total floor area in excess of 4,000 square feet (all floors). The purpose of this requirement is to assure that large-scale residential structures and significant site modifications located within the Conservation District will not cause deterioration of the natural and traditional river scene.
A. 
Exception. A special permit shall not be required for residential structures over 4,000 square feet in total floor area under this section if it can be demonstrated by the applicant that the proposed structure or structures will not be visible from the Connecticut River, Lords Cove, Whalebone Creek, Selden Creek, Selden Cove, and Hamburg Cove. Demonstration that a structure will not be visible from the Connecticut River shall consist of an area topographic map showing that there is intervening ground between the house and the water at an elevation at least 35 feet above ground elevation of the proposed structure.
B. 
Submission. In addition to other Town requirements for special permit applications, the applicant will provide site plans and building elevations prepared by an architect and/or landscape architect which show information on existing and proposed topography, building design and height measurements, proposed grading, including cuts, fills and retaining walls, any required buffer area, proposed landscaping and plans for access to the waterfront, if applicable.
C. 
Special permit criteria.
(1) 
Proposed site development shall maintain the essential natural characteristics of the site, such as major landforms, natural vegetative and wildlife communities, hydrologic features, scenic qualities and open space that contributes to a sense of place.
(2) 
Structures shall be adapted to the existing terrain, rather than altering the earth form to create a platformed development site.
(3) 
Structures located above the crest of hillsides facing the river shall be held back from the crest of the hill to maintain a clear sense of the hillside brow in its natural condition.
(4) 
Vertical architecture elements shall not be overemphasized in a manner which disrupts the natural silhouette of the hillside. Structures shall be designed so that the slope angle of the roof pitch is generally at or below the angle of the natural hillside or manufactured slope.
(5) 
Building forms shall be scaled to the particular environmental setting to avoid excessively massive forms that fail to enhance the hillside character. Massing of structural elements such as large roof areas shall be broken up to approximate natural slopes.
(6) 
Rooflines shall relate to the slope and topography. Rooftop treatment shall be designed to avoid monotony of materials, forms and colors. Dark-colored roof treatments, which reduce visual impact of the structure on the landscape, are preferred.
(7) 
Site design shall preserve the existing natural landscape where possible and include new landscaping which is compatible with existing natural vegetation and the scenic character of the area and increases visual buffering between the building and the river or its tributaries within the Conservation District.
(8) 
Development shall be located so as to minimize disturbance of sensitive areas. The smallest practical area of land should be exposed at any one time during development and the length of exposure should be kept to the shortest practical time. Disturbed areas shall be replanted with trees, shrubs and ground cover which are compatible with existing vegetation.
(9) 
Site grading shall avoid straight and unnatural slope faces. Cut and fill slopes shall have curved configurations to reflect as closely as possible the forms and shapes of surrounding topography. At intersections of manufactured and natural slopes, abrupt angular intersections should be avoided and contours should be curved to blend with the natural slope.
D. 
Findings. A special permit shall not be granted until the Commission has determined that all of the following conditions have been satisfied:
(1) 
Proposed structures and site work have been designed to fit the hillside rather than altering the hillside to fit the structure and site design.
(2) 
Disturbance to existing topographic forms is minimized and proposed grading and excavation will not result in soil erosion and silting of lower slopes.
(3) 
The proposed development retains or enhances the visual character of the site and the area by utilizing proper structural scale and character, varied architectural treatments and appropriate plant material to buffer the mass of the building from the river or its tributaries in the Conservation District.
(4) 
The proposed design preserves or enhances significant natural features and maintains or restores the natural and traditional character of the river scene.
Within the Conservation Zone the removal of soil and earth materials is prohibited except for the following activities:
A. 
Valid nonconforming uses in existence as of May 14, 1974.
B. 
Foundation, trench and related site excavation performed after the issuance of a building permit.
C. 
Filling, removal of excavation in connection with the landscaping and grading of land for a purpose for which a building permit, site plan or special permit is not required, provided that such filling, removal, or excavation shall not exceed 300 cubic yards of material.
Within the Conservation Zone no new public solid waste facility shall be established nor shall an existing facility be expanded in area.
Within the Conservation Zone the burning of undergrowth shall be in accordance with those regulations of the Connecticut Department of Energy and Environmental Protection which are in effect from time to time to control and abate air pollution and in accordance with all other applicable provisions of law.
Within the Conservation Zone no commercial cutting of timber shall occur without a permit issued by the Lyme Zoning Enforcement Officer. After submission of a commercial cutting plan to the Zoning Enforcement Officer, a permit shall be granted if it is found to be consistent with the minimum standards set forth in Article 17.