[HISTORY: Adopted by the Inland Wetlands Agency of the Town
of Mansfield 11-20-2023, effective 12-5-2023. Amendments noted where applicable.]
A.
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 groundwater; and to the existence of many forms of
animal, aquatic and plant life. Many inland wetlands 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 forevermore. 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 uses and values; and protecting the state's
potable freshwater 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.
B.
These regulations shall be known as the "Inland Wetlands and Watercourses
Regulations of the Town of Mansfield."
C.
D.
These regulations have been adopted and may be amended, from time
to time, in accordance with the provisions of the Inland Wetlands
and Watercourses Act and these regulations.
E.
The Agency shall enforce 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 Mansfield
and shall take all other appropriate actions pursuant to Sections
22a-36 to 22a-45, inclusive, of the Connecticut General Statutes.
For the purposes of these regulations, certain words and terms
used herein shall be used, interpreted and defined as set forth in
this section.
The Inland Wetlands and Watercourses Act, Sections 22a-36
through 22a-45, inclusive, of the Connecticut General Statutes.
The Mansfield Inland Wetlands Agency.
The duly authorized Town-employed representative of the Agency.
Are watercourses distinguished by evergreen trees and shrubs
underlain by peat deposits, poor or very poor drainage, and highly
acidic conditions.
The portion of a "development area envelope," as defined
by Mansfield's Subdivision Regulations,[1] within which structures, including but not limited to a house, garage, shed, swimming pool, outside storage areas and other improvements that are subject to the Schedule of Dimensional Requirements contained in Article 8 of the Mansfield Zoning Regulations,[2] are located. The Agency's review of the location
of a proposed building area envelope is limited to the consideration
of the impact of the proposed location on wetlands and watercourses.
The harvest of timber which removes all trees down to a two-inch
diameter at breast height.
The Commissioner of the State of Connecticut Department of
Energy and Environmental Protection.
A flow of water which persists for an extended period of
time; this flow may be interrupted during periods of drought or during
the low flow period of the annual hydrological cycle, June through
September, but it recurs in prolonged succession.
Includes, but shall not be limited to, fill, grade, dump,
place, discharge or emit.
That portion of a lot within which site improvements, such
as, but not limited to, a house, garage, shed, swimming pool, driveway,
parking area, outside storage area, septic system, septic reserve
area, water supply well, utility lines and lawns, are to be located.
The Agency's review of a proposed development area envelope is
limited to the consideration of the impact on wetlands and watercourses.
The emission of any water, substance, or material into waters
of the state whether or not such substance causes pollution.
That the proposed activity is necessary and indispensable
to sustain farming activities.
Shall be consistent with the definition contained in Section 1-1(q) of the Connecticut General Statutes. (See § 130A-21, Appendix.)
Able to be constructed or implemented consistent with sound
engineering principles.
The whole or any part of any permit, certificate of approval
or similar form of permission which may be required of any person
by the provisions of Sections 22a-36 to 22a-45, inclusive, of the
Connecticut General Statutes.
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.
Are watercourses that are distinguished by the absence of
trees and shrubs and the dominance of soft-stemmed herbaceous plants.
The water table in marshes is at or above the ground surface throughout
the year and areas of open water six inches or more in depth are common,
but seasonal water table fluctuations are encountered.
Any substance, solid or liquid, organic or inorganic, including
but not limited to soil, sediment, aggregate, land, gravel, clay,
bog, mud, debris, sand, refuse or waste.
The Town of Mansfield.
Places where plants are grown for sale, transplanting, or
experimentation.
See "license."
The person to whom a license has been issued.
Any person, firm, partnership, association, corporation,
limited-liability company, company, organization or legal entity of
any kind, including municipal corporations, governmental agencies
or subdivisions thereof.
Harmful thermal effect or the contamination or rendering
unclean or impure of any waters of the state 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. This includes, but is not limited to, erosion
and sedimentation resulting from any filling, land clearing or excavation
activity.
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.
(Also see "upland review area.") Means any operation within
or use of a wetland or watercourse involving removal or deposition
of material, or any obstruction, construction, alteration or pollution,
of such wetlands or watercourses, but shall not include the specified
activities in Section 22a-40 of the Connecticut General Statutes.
Furthermore, any clearing, grubbing, filling, grading, paving, excavating,
constructing, depositing or removing of material and discharging of
stormwater or other activity on the land within 150 feet measured
horizontally from the boundary of any wetland or watercourse is a
regulated activity. The Agency may also rule that any other activity
located within an upland review area or in any other nonwetland or
nonwatercourse area is likely to impact or affect wetlands or watercourses
and is a regulated activity.
Includes, but shall not be limited to, drain, excavate, mine,
dig, dredge, suck, bulldoze, dragline or blast.
Any alteration of the physical, chemical or biological properties
of any waters of the state, including, but not limited to, change
in odor, color, turbidity or taste.
Any activity, including, but not limited to, the following
activities:
Any activity involving deposition or removal of material which
will or may have a substantial effect on the wetland or watercourse
in which the activity takes place or on wetlands or watercourses outside
the area for which the activity is proposed.
Any activity which substantially changes the natural channel
or may inhibit the natural dynamics of a watercourse system.
Any activity which substantially diminishes the natural capacity
of an inland wetland or watercourse to support aquatic, plant or animal
life and habitats; prevent flooding; supply water; assimilate waste;
facilitate drainage; provide recreation or open space; or perform
other functions.
Any activity which is likely to cause or has the potential to
cause substantial turbidity, siltation or sedimentation in a wetland
or watercourse.
Any activity which causes substantial diminution of flow of
a natural watercourse or groundwater levels of a wetland or watercourse.
Any activity which is likely to cause or has the potential to
cause pollution of a wetland or watercourse.
Any activity which damages or destroys unique wetland or watercourse
areas or such areas having demonstrable scientific or educational
value.
Any activity wherein buffers of natural vegetation of 50 feet
or more along the edges of wetlands or watercourse are not retained.
An individual duly qualified in accordance with standards
set by the Federal Office of Personnel Management.
Those lands which are inundated by water on a seasonal or
more frequent basis.
Are watercourses that are distinguished by the dominance
of wetland trees and shrubs.
The Town of Mansfield.
All land within 150 feet from the edge of a wetland or a
watercourse, as measured horizontally from the boundary of any wetland
or watercourse, and in addition areas at a greater distance than 150
feet from the edge of a wetland or watercourse where in the determination
of the Agency proposed activities are likely to impact or affect wetlands
or watercourses.
Rivers, streams, brooks, waterways, lakes, ponds, marshes,
swamps, bogs, and all other bodies of water, natural or artificial,
vernal or intermittent, public or private, which are contained within,
flow through or border upon the Town or any portion thereof not regulated
pursuant to Sections 22a-28 through 22a-35, inclusive, of the Connecticut
General Statutes. Intermittent watercourses shall be delineated by
a defined permanent channel and bank and the occurrence of two or
more of the following characteristics:
Land, including submerged land as defined in this section,
not regulated pursuant to Sections 22a-28 through 22a-35, inclusive,
of the Connecticut General Statutes, which consists of any of the
soil types designated as poorly drained, very poorly drained, alluvial
and floodplain by the National Cooperative Soils Survey, as it 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.
A map(s) containing a lot and site improvement layout and
additional information as required by Mansfield's Subdivision
and Zoning Regulations,[3] to demonstrate compliance with the Zoning Schedule of Dimensional Requirements for standard lot size, lot frontage and building setbacks; as well as all other zoning and subdivision requirements, including minimum lot area requirements for new lots; the design criteria of § 169-7 and the open space requirements of § 169-13.
Sewage or any substance, liquid, gaseous, solid or radioactive,
which may pollute or tend to pollute any of the wetlands and watercourses
of the Town.
A.
The map of wetlands and watercourses entitled "Inland Wetlands and Watercourses Map, Mansfield, Connecticut" (hereafter referred to as the "map") delineates the general location and boundaries of inland wetlands and the general location of watercourses. Copies of this map are available for inspection at the office of the Town Clerk, Planning Department or Town Engineer's Office and the map is included as a layer on the Town's GIS, which is posted on the Town's website. The precise location of wetlands and watercourses shall be determined by the actual character of the land, the distribution of wetland soil types and location of watercourses. The Agency may use aerial photography, remote sensing imagery, resource mapping, soils maps, site inspection observations or any other pertinent information in determining the location of the wetland boundaries and watercourses. Wetlands and watercourses (see definition in § 130A-2), even if they do not appear on Mansfield's Inland Wetlands and Watercourses Map, are still subject to these regulations.
B.
Any person may petition the Agency for an amendment to the map. All petitions for a map amendment shall be submitted in writing and shall include all relevant facts and circumstances which support the proposed amendment. The petitioner shall bear the burden of proof regarding the proposed map amendment. The Agency may require the petitioner to provide an accurate delineation of regulated areas in accordance with § 130A-15 of these regulations.
C.
The Agency shall maintain a current inventory of regulated areas
within the Town. The Agency may amend its map as more accurate information
becomes available.
A.
The following operations and uses shall be permitted in inland wetlands
and watercourses and upland review areas, 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 Energy and Environmental Protection for the purposes of wetlands
or watercourse restoration or enhancement or mosquito control. The
provisions of this subsection 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 topsoil, 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 of the Connecticut General Statutes, 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 permit
was obtained on or before July 1, 1987.
(3)
Boat anchorage or mooring, not to include dredging or dock construction.
(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
that 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 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 and 22a-403 of the Connecticut General Statutes.
(6)
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.
(7)
Withdrawals of water for fire emergency purposes.
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.
Such operation or use may include, but is not limited to, testing
and monitoring associated with and related to water quality and subsurface
drainage and/or sewage disposal systems, minor work to control erosion
or to encourage proper fish, wildlife and forestry management practices.
(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 shell fishing where otherwise legally permitted and regulated.
(3)
The installation of a dry hydrant by or under the authority of a
municipal fire department, provided such dry hydrant is only used
for firefighting purposes and there is no alternative access to a
public water supply. For purposes of this section, "dry hydrant" means
a nonpressurized pipe system that:
C.
All activities in wetlands or watercourses and upland review areas involving filling, excavating, dredging, clear cutting, clearing, or grading or any other alteration or use of a wetland or watercourse not specifically permitted by this section and otherwise defined as a regulated activity by these regulations shall require a permit from the Agency in accordance with § 130A-6 of these regulations, or for certain regulated activities located outside of wetlands and watercourses from the duly authorized agent in accordance with § 130A-12 of these regulations.
A.
The Commissioner of Energy and Environmental Protection shall have
exclusive jurisdiction over regulated 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 Section 22a-39 or 22a-45a of the Connecticut
General Statutes.
B.
The Commissioner of Energy and Environmental Protection shall have
exclusive jurisdiction over tidal wetlands designated and regulated
pursuant to Sections 22a-28 through 22a-35, inclusive, of the Connecticut
General Statutes.
C.
The Commissioner of Energy and Environmental Protection shall have
exclusive jurisdiction over activities authorized under a dam repair
or removal order issued by the Commissioner of Energy and Environmental
Protection under Section 22a-402 of the Connecticut General Statutes
or a permit issued by the Commissioner of Energy and Environmental
Protection under Section 22a- 403 of the Connecticut General Statutes.
Any person receiving such dam repair or removal order or permit shall
not be required to obtain a permit from a municipal wetlands agency
for any action necessary to comply with said dam order or to carry
out the activities authorized by said permit.
D.
The Commissioner of Energy and Environmental Protection shall have
exclusive jurisdiction over the discharge of fill or dredged materials
into the wetlands and watercourses of the state pursuant to Section
401 of the Federal Clean Water Act,[1] as amended, for activities regulated by the U.S. Army
Corps of Engineers under Section 404 of the Federal Clean Water Act.[2]
A.
No person shall conduct or maintain a regulated activity without first obtaining a permit for such activity from the Inland Wetlands Agency, or, for certain specific activities, its duly authorized agent, in accordance with § 130A-12 of these regulations.
B.
Any person found to be conducting or maintaining a regulated activity without the prior authorization or violating any other provision of these regulations shall be subject to the enforcement proceedings and penalties prescribed in § 130A-14 of these regulations and any other remedies as provided by law.
A.
Any person intending to conduct a regulated activity, or to renew
or amend a permit to conduct such activity, shall apply for a permit
on a form provided by the Agency. The application shall contain the
information described in this section and any other information the
Agency may reasonably require. Application forms may be obtained in
the office of the Agency or online at http://www.mansfieldct.gov.
Consultation with the agent is advised.
B.
If an application to the Town of Mansfield Planning and Zoning Commission
involves land containing a wetland or watercourse or other regulated
area, the applicant shall, in accordance with Section 8-3(g), 8-3c,
or 8-26, as applicable, of the Connecticut General Statutes, submit
an application for a permit to the Agency in accordance with this
section no later than the day the application is filed with the Planning
and Zoning Commission. Wetlands permit applications involving subdivisions
or resubdivisions shall include building area envelopes, development
area envelopes and, as required, yield plans and other information
as required by Mansfield's Subdivision Regulations.[1]
C.
The application shall contain such information as is necessary for
a fair and informed determination by the Agency. All applicants are
advised to consult with the agent before submitting an application
to the agency. All comments of the agent are advisory and are not
binding on the Agency.
D.
Unless the Agency or duly authorized agent determines that such information is clearly not required to appropriately evaluate an application, all applications shall include, at a minimum, the following information (for applications that the Agency determines may involve significant impact, additional information as described in Subsection E may be required):
(1)
The applicant's name, home and business mailing addresses and
telephone numbers; if the applicant is a limited-liability company,
corporation or partnership, the managing member's, partner's
or responsible corporate officer's name, address, and telephone
number;
(2)
The landowner's name, mailing address and telephone number and
written consent, if the applicant is not the owner of the land upon
which the subject activity is proposed;
(3)
A statement of the applicant's interest in the land;
(4)
A copy of that portion of Mansfield's Assessor's map depicting
the subject property and all land within 1,000 feet of the property;
(5)
The address or location of the land which is the subject of the proposed
activity and a description of the land in sufficient detail to allow
identification of the inland wetlands and watercourses, the area(s)
(in acres or square feet) of wetlands or watercourses to be disturbed,
soil type(s), and wetland vegetation;
(6)
A description of the proposed activity, including the purpose of
the activity, proposed erosion and sedimentation controls, proposed
stormwater management controls and other management practices and
mitigation measures, including, but not limited to, measures to i)
prevent or minimize pollution or other environmental damage, ii) maintain
or enhance existing environmental quality, or iii) in the following
order of priority, restore, enhance and create productive wetland
or watercourse resource, all of which may be considered as conditions
of issuing the requested permit;
(7)
Alternatives which would cause less or no environmental impact to
wetlands or watercourses and why the alternative requested in the
application was chosen; all alternatives shall be diagramed on a site
plan or drawing or otherwise described to the Agency's satisfaction.
(8)
A site plan (or, where applicable, a subdivision plan), drawn to
scale with North arrow and map date, including revisions, showing
the proposed activity and existing and proposed conditions in relation
to wetlands and watercourses and identifying all 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. The submitted maps also
shall include all proposed erosion and sedimentation controls and
other measures planned to protect wetlands and watercourses, buildings
and structures, driveways and parking areas, wells and septic systems,
stone walls, stockpile locations, staging areas, and other prominent
physical features that help describe the site and proposed activity.
For all subdivision applications, the plan shall include proposed
building and development area envelopes and, where applicable, yield
plans shall be submitted;
(9)
A statement by the applicant that the applicant is familiar with
all the information provided in the application and is aware of the
penalties for obtaining a permit through deception or through inaccurate
or misleading information;
(10)
Authorization for the members and agents of the Agency to inspect
the subject land, at reasonable times, during the pendency of an application
and for the life of the permit;
(11)
A completed CT DEEP reporting form; the Agency may revise or
correct the information provided by the applicant, if necessary, and
submit the form to the Commissioner of Energy and Environmental Protection
in accordance with Section 22a-39-14 of the Regulations of Connecticut
State Agencies;
(12)
Any other information the Agency requests which it deems necessary
to the understanding of what the applicant is proposing; and
E.
At the discretion of the Agency or its agent, when the proposed activity
involves or may involve a significant impact, some or all of the following
additional information, based on the nature and anticipated effects
of the activity, including but not limited to the following, may be
required:
(1)
Site plans, or where applicable subdivision plans, at a scale of
one inch equals 40 feet or larger (one inch equals 20 feet, etc.)
unless an alternative scale is approved by the Agency, with North
arrow and map dates, including revisions for the proposed activity
and a depiction of the land which will be affected. The plans shall
show existing and proposed conditions, wetland and watercourse boundaries,
existing and proposed land contours, boundaries of land ownership,
proposed alterations and uses of wetlands and watercourses, and other
pertinent features of the land and the proposed activity. Unless specifically
waived by the Agency, the plans shall be prepared by a professional
engineer, land surveyor or landscape architect licensed by the state.
(2)
Technical reports and analyses and additional drawings prepared by
qualified professionals that fully describe the proposed activity,
including any filling, excavation, drainage or hydraulic modifications
to watercourses and proposed erosion and sedimentation control and
stormwater management plans. Drainage calculations for various storm
events, including 100-year storms, may be required.
(3)
Mapping of soil types consistent with the categories established
by the National Cooperative Soil Survey of the U.S. Natural Resources
Conservation Service; the wetlands shall be delineated in the field
by a soil scientist and the soil scientist's field delineation
shall be depicted on the plans. In situations where a wetland or watercourse
boundary is obvious to a nonexpert, this certification may be waived
by the Agency.
(4)
A description of the ecological communities and functions of the
wetlands or watercourses involved with the application and the effects
of the proposed activity on these communities and wetland functions.
(5)
A description of how the applicant will change, diminish, or enhance
the ecological communities and functions of the wetlands or watercourses
involved in the application and each alternative which would cause
less or no environmental impact to wetlands or watercourses, and a
description of why each alternative considered was deemed neither
feasible nor prudent.
(6)
A description of the amount and kind of material to be deposited
and/or removed including, as appropriate, an analysis of chemical
or physical characteristics of any fill material.
(7)
Management practices and other measures designed to mitigate the
impact of the proposed activity, including but not limited to specific
grading and seeding/revegetation plans and specifications and management
plans for the use of fertilizers, pesticides and other chemicals.
(8)
ACT DEEP Diversity Data Base Program review if the location of the
proposed activity is within a natural diversity data base area.
F.
For all applications, the applicant shall certify whether:
(1)
Any portion of the property on which the regulated activity is proposed
is located within 500 feet of the boundary of an adjoining municipality;
(2)
Traffic attributable to the completed project on the site will use
streets within the adjoining municipality to enter or exit the site;
(3)
Sewer or water drainage from the project site will flow through and
impact the sewage or drainage system within the adjoining municipality;
or
(4)
Water runoff from the improved site will impact streets or other
municipal or private property within the adjoining municipality.
G.
Unless an applicant is otherwise directed by the Agency or its agent,
a complete application shall consist of two copies of full-sized maps
and other application materials and, as applicable, 15 copies of reduced-size
(eleven-inch by seventeen-inch) maps and special reports.
H.
Any application to renew or amend an existing permit shall be filed with the Agency in accordance with § 130A-8 of these regulations. Any application to renew or amend such an existing permit shall contain the information required under § 130A-7 of these regulations and:
(1)
The documentation and record of the prior application;
(2)
A description of the extent of work completed and the schedule for
completing all activities authorized in the permit;
(3)
The reason why the authorized activity was not initiated or completed
within the time specified in the permit; and
(4)
A description of any changes in facts or circumstances involved with
or affecting wetlands or watercourses or use of the land since the
permit was issued.
I.
Any application to renew a permit shall be granted upon request of
the permit holder unless the Agency finds that there has been a substantial
change in circumstances which requires a new permit application or
an enforcement action has been undertaken with regard to the regulated
activity for which the permit was issued provided no permit shall
be valid for a period of time which would exceed the time frames provided
within C.G.S. § 22a-42a (as amended).
J.
For any permit application involving property subject to a conservation
restriction or preservation restriction, the applicant shall comply
with the provisions of Connecticut General Statutes § 47-42d,
as it may be amended.
A.
All petitions, applications, requests or appeals shall be submitted
to the Mansfield Inland Wetlands Agency or its agent.
B.
The Agency shall, in accordance with Connecticut General Statutes
§ 8-7d(f), notify the clerk of any adjoining municipality
of the pendency of any application, petition, appeal, request or plan
concerning any project on any site in which:
(1)
Any portion of the property affected by a decision of the agency
is within 500 feet of the boundary of an adjoining municipality;
(2)
A significant portion of the traffic to the completed project on
the site will use streets within the adjoining municipality to enter
or exit the site;
(3)
A significant portion of the sewer or water drainage from the project
on the site will flow through and significantly impact the drainage
or sewerage system within the adjoining municipality; or
(4)
Water runoff from the improved site will impact streets or other
municipal or private property within the adjoining municipality. Such
notice shall be made by certified mail, return receipt requested,
and shall be mailed within seven days of the date of receipt of the
application, petition, appeal, request or plan.
C.
When an application is filed to conduct 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 Connecticut
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 within seven days of the date of the application.
The water company and the Commissioner of Public Health, through a
representative, may appear and be heard at any hearing on the application.
Documentation of such notice shall be provided to the Agency.
D.
Notification to abutting property owners. The applicant shall mail,
by certificate of mailing, notice of the public hearing to the owner(s)
of record property of abutting land, including property owners across
the street from the subject site (as measured at right angles to straight
street lines and radial to curved street lines), not less than 10
days prior to the hearing. Proof of such mailing shall be entered
into the public hearing record. Notification shall include:
(1)
The date the public hearing is scheduled to be opened with a description
of the application being made together with sufficient mapping to
clearly indicate proposed activities;
(2)
That application materials are available for review in the Department
of Planning and Development.
(3)
The inland wetlands agent may be contacted to review application
materials in the Planning Office.
E.
The date of receipt of a petition, application, request or appeal (see § 130A-12) is the date of the next regularly scheduled meeting of the Agency, next following the date of submission to the Agency or its agent of the petition, application, request or appeal, or 35 days after such submission, whichever is sooner.
F.
The Wetlands Agency shall forward application materials and supporting
documentation to the Conservation Commission, the inland wetlands
agent and, where appropriate, other staff members, agencies and consultants
for review and comment. Mansfield's fee schedule authorizes the
Agency to hire independent consultants at the expense of an applicant
when the Agency deems it necessary to do so.
G.
At any time during the review period, the applicant shall provide such additional information as the Agency may reasonably require. Requests for such additional information shall not stay the time limitations as set forth in § 130A-11B of these regulations.
H.
All applications shall be open for public inspection.
I.
Applications which do not contain the information required by these
regulations may be denied.
A.
The Inland Wetlands Agency shall not hold a public hearing on an
application unless the Agency determines that the proposed activity
may have a significant impact on wetlands or watercourses, or, a petition
signed by at least 25 Mansfield residents 18 years of age or older
requesting a hearing is filed with the Agency not later than 14 days
after the date of receipt of an application, or the Agency finds that
a public hearing regarding an application would be in the public interest.
Any applicant also may request that the Agency hold a public hearing
on a submitted application. All public hearings shall be commenced
no later than 65 days after the receipt of the application. All applications,
maps and documents relating to the public hearing shall be open for
public inspection. At the hearing any person may appear and be heard.
B.
Notice of the public hearing shall be published at least twice at
intervals of not less than two days, the first not more than 15 days
and not fewer than 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 each town where the affected wetland and watercourse is located.
A.
When included in the application record, the Agency may consider
the following in making its decision on an application:
(1)
The application and its supporting documentation.
(2)
Reports from other agencies, commissions and staff members,
including but not limited to:
(3)
Comments from the Eastern Connecticut Conservation District,
the Capitol Region Council of Governments or other regional organizations;
agencies in adjacent municipalities which may be affected by the proposed
activity or other technical agencies or organizations which may undertake
additional studies or investigations.
(4)
Public comments, evidence and testimony.
(5)
Nonreceipt of comments shall neither delay nor prejudice the
decision of the Agency.
(6)
Each Agency member's own personal, ordinary knowledge and
experience concerning the area involved, including that knowledge
acquired by a site visit and review. Any information used by Agency
members which is not commonly known and all information acquired by
members at site visits shall be disclosed on the record by the Agency
members.
(7)
Professional/technical assistance furnished to the Agency by
technical advisors retained or utilized by the Agency, which assistance
enables the Agency to carry out its responsibilities as set forth
in these regulations.
(8)
If a member of the Agency has special expertise relevant to
a pending application and if the member intends to rely on his expertise
in deciding the merits of the application, he shall disclose his expertise
and raise his questions during a public session so any party may have
an opportunity to question and rebut the information and any opinion
offered. Whenever the application involves a public hearing, this
provision should be addressed prior to the close of the public hearing.
B.
Criteria for decision. In carrying out the purposes and policies
of Sections 22a-36 to 22a-45, inclusive, of the Connecticut General
Statutes, including matters relating to regulating, licensing and
enforcing the provisions thereof, the Agency shall take into consideration
all relevant facts and circumstances, including but not limited to:
(1)
The environmental impact of the proposed regulated activity
on wetlands or watercourses, including the effects on the capacity
of the wetlands and watercourses to support desirable biological life,
to prevent flooding, to supply and protect surface waters and groundwaters,
to control sediment, to facilitate drainage, to control pollution,
to support recreational activities, and to promote public health and
safety.
(2)
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.
The consideration of alternatives shall include alternatives which
might enhance environmental quality or have a less detrimental effect,
and which could feasibly attain the basic objectives of the activity
proposed in the application. This consideration should also include,
but is not limited to, the alternative of requiring actions of a different
nature which would provide similar benefits with different environmental
impacts, such as using a different location for the activity.
(3)
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 trade-offs 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.
(4)
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. 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 and removal of material; by the diversion, diminution, or
obstruction of water flow, including low flows; and by the erection
of structures and other uses.
(5)
Any management practices or mitigation measures which may be
considered as a condition of issuing a permit for such activity, including,
but not limited to, measures to:
(6)
The character and degree of injury to, or interference with,
safety, health or the reasonable use of property, including abutting
or downstream property, which is caused or threatened by the proposed
regulated activity; or the creation of conditions which may do so.
(7)
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 and watercourses.
C.
In the case of an application which received a public hearing pursuant to a finding by the Agency that the proposed activity may have a significant impact on wetlands or watercourses, a permit shall not be issued unless the Agency finds on the basis of the record that a feasible and prudent alternative does not exist. In making this finding the Agency shall consider the facts and circumstances set forth in Subsection B of this section. The finding and the reasons therefor shall be stated on the record in writing.
D.
In the case of an application which is denied on the basis of a finding
that there may be feasible and prudent alternatives to the proposed
regulated activity which have less adverse impact on wetlands or watercourses,
the Agency shall propose on the record, in writing, the types of alternatives
which the applicant may investigate, provided this subsection shall
not be construed to shift the burden from the applicant to prove that
he is entitled to the permit or to present alternatives to the proposed
regulated activity.
E.
For purposes of this section, "wetlands and watercourses" includes
aquatic, plant or animal life and habitats in wetlands or watercourses,
and "habitats" means areas or environments in which an organism or
biological population normally lives or occurs.
F.
The Agency shall not deny or condition an application for a regulated
activity in an area outside wetlands or watercourses on the basis
of an impact or effect on aquatic, plant, or animal life unless such
activity will likely impact or affect the physical characteristics
of such wetlands or watercourses.
G.
In reaching its decision on any application after a public hearing,
the Agency shall base its decision on the record of that hearing.
Documentary evidence or other material not in the hearing record shall
not be considered by the Agency in its decision. A conclusion that
a feasible and prudent alternative does not exist does not create
a presumption that a permit should be issued. The applicant has the
burden of demonstrating that this application is consistent with the
purposes and polices of these regulations and Sections 22a-36 to 22a-45,
inclusive, of the Connecticut General Statutes.
H.
In the case of an application where the applicant has provided written notice pursuant to § 130A-7J of these regulations, the holder of the restriction may provide proof to the Inland Wetlands Agency that granting of the permit application will violate the terms of the restriction. Upon a finding that the requested land use violates the terms of such restrictions, the Agency shall not grant the permit approval.
I.
In the case of an application where the applicant fails to comply with the provisions of § 130A-7J of these regulations, the party holding the conservation or preservation restriction may, not later than 15 days after receipt of actual notice of permit approval, file an appeal with the Inland Wetlands Agency, subject to any rules and regulations of such agency relating to appeals. The Inland Wetlands Agency shall reverse the permit approval upon a finding that the requested land use violates the terms of such restriction.
A.
The Agency, or its duly authorized agent acting pursuant to § 130A-12 of these regulations, may, in accordance with § 130A-10 of these regulations, grant the application as filed or grant it upon other terms, conditions, limitations or modifications of the regulated activity designed to carry out the purposes and policies of the Act, or deny the application. Such terms may include any reasonable measures which would mitigate the impacts of the regulated activity and which would i) prevent or minimize pollution or other environmental damage, ii) maintain or enhance existing environmental quality, or iii) in the following order of priority, restore, enhance and create productive wetland or watercourse resources. Such measures also include, but are not limited to, actions which would avoid adverse impacts or lessen impacts to wetlands and watercourses and which would protect the natural capacity of the wetlands and watercourses to support desirable biological life, preventing flooding, supply water, control sedimentation, prevent erosion, assimilate wastes, facilitate drainage, and to provide recreation and open space.
B.
No later than 65 days after receipt of an application, the Agency
may commence a public hearing on such application. At such hearing
any person may appear and be heard and may be represented by an agent
or attorney. The hearing shall be completed within 35 days of its
commencement. Action shall be taken on applications within 35 days
after completion of a public hearing. In the absence of a public hearing,
action shall be taken on applications within 65 days from the date
of receipt of the application. If additional time to consider the
application is necessary, the applicant may consent to one or more
extensions of the periods specified in this subsection, provided the
total extension for all periods shall not be longer than 65 days,
or the applicant may withdraw the application. The failure of the
Agency to act within any time period specified in this subsection,
or any extension thereof, shall not be deemed to constitute approval
of the application. An application deemed incomplete by the Agency
shall be withdrawn by the applicant or denied by the Agency.
C.
The Agency shall state upon its record the reasons and bases for its decision and, where applicable pursuant to § 130A-10C, shall include a statement relative to the consideration and existence of any feasible and prudent alternative.
D.
The Agency shall notify the applicant, and any other person entitled
to such notice, of its decision within 15 days of the date of the
decision, by certified mail, and the Agency shall cause notice of
its action to be published in a newspaper having general circulation
in the Town of Mansfield. In any case in which notice is not published
within the fifteen-day period, the applicant may provide for the publication
of such notice within 10 days thereafter.
E.
If an activity authorized by an inland wetland permit also involves
an activity which requires a zoning or subdivision approval, special
zoning permit, variance or special exception, under Section 8-3(g),
8-3c, or 8-26 of the Connecticut General Statutes, the Agency shall
file a copy of its decision on the application with the Town of Mansfield
Planning and Zoning Commission or, where appropriate, Zoning Board
of Appeals within 15 days of the date of the decision thereon.
F.
In situations where a yield plan (see § 130A-2 for definition) has been submitted for Agency review, the Agency shall submit advisory comments to the Planning and Zoning Commission. These comments shall provide an assessment of potential yield plan impacts on wetlands and watercourses, including, as applicable, whether the proposed plan is preferable to the yield plan with respect to potential impacts on wetlands and watercourses.
G.
Any permit issued by the Agency for the development of land for which
an approval is required under Section 8-3, 8-25 or 8-26 of the Connecticut
General Statutes shall be valid for a period of time which would exceed
the time frames provided within C.G.S. § 22a-42a (as amended).
H.
Modifications. If the Agency grants a permit, the applicant may submit to the Agency a proposed modification of the application or of any permit terms, conditions, limitations or modifications. After evaluating the potential for impact on wetlands or watercourses and the approval standards of § 130A-10B, the Agency shall determine whether the proposed modification is a significant or substantial alteration of the application as approved. Any significant or substantial revision of the application, as approved, shall require the filing of a new application and shall be subject to the requirements as set forth in these regulations and may, under the requirements of § 130A-9 herein, be subject to a public hearing.
I.
If a bond or insurance is required in accordance with § 130A-13 of these regulations, the Agency may withhold issuing a permit until such bond or insurance is provided.
J.
General provisions in the issuance of all permits:
(1)
The Agency has relied in whole or in part on information provided
by the applicant, and if such information subsequently proves to be
false, deceptive, incomplete or inaccurate, the permit may be modified,
suspended or revoked at the Agency's discretion.
(2)
All permits issued by the Agency are subject to, and do not
derogate, any present or future rights or powers of the Agency or
the Town of Mansfield, and convey no rights in real estate or material,
nor any exclusive privileges, upon the landowner or applicant and
are further subject to any and all public and private rights and to
any federal, state, and municipal laws or regulations pertinent to
the subject land or activity.
(3)
If the activity authorized by the Agency's permit also
involves an activity which requires zoning or subdivision approval,
or a special permit, variance or special exception under Section 8.3(g),
8-3c, or 8-26 of the Connecticut General Statutes, no work pursuant
to the wetland permit may begin until such approval is obtained.
(4)
Before starting other authorized activities, the permittee shall
implement such management practices consistent with the terms and
conditions of the permit as needed to control stormwater discharges
and to prevent erosion and sedimentation and to otherwise prevent
pollution of wetlands and watercourses.
(5)
All permittees shall notify the inland wetlands agent before
any authorized work is commenced and again upon completion of the
work. The initial notice shall include a planned work schedule.
(6)
As a condition of any permit, the Agency may require that the
applicant engage at its own expense an independent consultant to report
to the Agency the results of project monitoring and/or inspections.
The consultant must be preapproved by the Agency, and said consultant
shall monitor, inspect and report on a schedule determined by the
Agency.
A.
The Agency may delegate to its duly authorized agent the authority to approve or extend a license for an activity that is not located in a wetland or watercourse when such agent finds that the conduct of such activity would result in no greater than a minimal impact on any wetlands or watercourses, provided the agent has completed the comprehensive training program developed by the Commissioner of Energy and Environmental Protection pursuant to Section 22a-39 of the Connecticut General Statutes. Requests for such approval shall be made on a form provided by the Agency and shall contain the information listed under § 130A-7D of these regulations and any other information the agent may reasonably require. Sections 130A-8, 130A-9 and 130A-11 of these regulations shall not apply to requests made pursuant to this section. All agent approvals shall be reported to the Agency.
B.
Any person receiving such approval from the agent shall, within 10 days of the date of such approval, publish, at the applicant's expense, notice of the approval in a newspaper having a circulation in the Town wherein the activity is located. Any person may appeal the decision of the agent to the Agency within 15 days after the publication date of the notice. The Agency shall consider such appeal at its next regularly scheduled meeting, provided such meeting is no earlier than three business days after receipt by the Agency or its agent of the appeal. Any person may appear and be heard at the appeal. The Agency shall, at its discretion, sustain, alter, or reject the decision of its agent. If the agent's decision is rejected, the Agency shall advise the applicant that he may file an application for a permit in accordance with § 130A-7 of these regulations.
A.
The Agency may require as a permit condition, the filing of a bond
with a surety in an amount and in a form approved by the Agency. All
bonds shall be subject to a bond agreement signed by the Agency Chair.
B.
The bond or surety shall be conditioned on compliance with the provisions
of these regulations and the terms, conditions and limitations stated
in the permit and/or contained in application materials.
A.
The Agency may appoint an agent or agents to act in its behalf with the authority to issue notices of violation or cease-and-desist orders and carry out other actions or investigations necessary for the enforcement of these regulations. In carrying out the purposes of this section, the Agency or its agent shall take into consideration the criteria for decision under § 130A-10B of these regulations.
B.
The Agency or its agent may make regular inspections of all regulated
activities for which permits have been issued. Such activities shall
be open to inspections at all reasonable times. The owner and/or applicant,
by filing an application for permit, consents to such inspections.
C.
If the Agency or its duly authorized agent finds that any person
is conducting or maintaining any activity, facility or condition which
is in violation of the Act or these regulations, the Agency or its
agent may:
(1)
Issue a written order by certified mail, return receipt requested,
to such person conducting such activity or maintaining such facility
or condition to immediately cease such activity or to correct such
facility or condition. Within 10 calendar days of the issuance of
such order, the Agency shall hold a hearing to provide the person
an opportunity to be heard and show cause why the order should not
remain in effect. The Agency shall consider the facts presented at
the hearing and within 10 days of the completion of the hearing notify
the person by certified mail that i) the original order remains in
effect; ii) or that a revised order is in effect; iii) or that the
order has been withdrawn. The Agency shall publish notice of its decision
in a newspaper having general circulation in the municipality. The
original order shall be effective upon issuance and shall remain in
effect until the Agency affirms, revises or withdraws the order. The
issuance of an order pursuant to this subsection shall not delay or
bar an action pursuant to Section 22a-44(b) of the Connecticut General
Statutes, as amended.
(2)
Issue a notice of violation to such person conducting such activity or maintaining such facility or condition, stating the nature of the violation, the jurisdiction of the Agency, and prescribing the necessary action and steps to correct the violation, including, without limitation, halting work in wetlands or watercourses. The Agency may request that the individual appear at the next regularly scheduled meeting of the Agency to discuss the unauthorized activity, and/or provide a written reply to the notice or file an application for the necessary permit. Failure to carry out the action(s) directed in a notice of violation may result in issuance of the order provided in § 130A-14C(1) or other enforcement proceedings as provided by law.
D.
The Agency may suspend or revoke a permit if it finds that the permittee
has not complied with the terms, conditions or limitations set forth
in the permit or has exceeded the scope of the work as set forth in
the application. Prior to revoking or suspending any permit, the Agency
shall issue notice to the permittee by certified mail, return receipt
requested, setting forth the facts or conduct which warrants the intended
action. The Agency shall hold a hearing to provide the permittee an
opportunity to show that he is in compliance with his permit and all
requirements for retention of the permit. The permittee shall be notified
of the Agency's decision to suspend, revoke, or maintain a permit
by certified mail, return receipt requested, within 15 days of the
date of its decision. The Agency shall publish notice of the suspension
or revocation in a newspaper having general circulation in Mansfield.
E.
Nothing in these regulations shall be interpreted as limiting or
excluding other remedies available to the Agency or its staff for
the protection of inland wetlands and watercourses. These remedies
shall include, but are not limited to, seeking civil or criminal penalties
as provided for in the state statutes or assessing fines as may be
authorized by Mansfield ordinance.
A.
These regulations and the Inland Wetlands and Watercourses Map for
the Town of Mansfield may be amended from time to time by the Agency
in accordance with changes in the Connecticut General Statutes or
regulations of the Connecticut Department of Energy and Environmental
Protection, or as new information regarding soils and inland wetlands
and watercourses becomes available.
B.
An application filed with the Agency which is in conformance with
the applicable inland wetlands regulations as of the date of the receipt
of such application shall not be required thereafter to comply with
any change in inland wetland regulations, including changes to setbacks
and buffers, taking effect on or after the date of such receipt, and
any appeal from the decision of such Agency with respect to such application
shall not be dismissed by the Superior Court on the grounds that such
a change has taken effect on or after the date of such receipt. The
provisions of this section shall not be construed to apply:
C.
These regulations and the Town of Mansfield Inland Wetlands and Watercourses
Map shall be amended in the manner specified in Section 22a-42a of
the Connecticut General Statutes, as amended. The Agency shall provide
the Commissioner of Energy and Environmental Protection with a copy
of any proposed regulations and notice of the public hearing to consider
any proposed regulations or amendments thereto, except map amendments,
at least 35 days before the public hearing on their adoption.
D.
All petitions requesting a change in the regulations or Inland Wetlands and Watercourses Map shall be submitted in writing on a form provided by the Agency. All applicable fees shall be paid (see § 130A-19).
E.
Petitions requesting changes or amendments to the "Inland Wetlands
and Watercourses Map, Mansfield, Connecticut," shall contain at least
the following information:
(1)
The petitioner's name, mailing address and telephone number;
(2)
The address, or location, of the land affected by the petition;
(3)
The petitioner's interest in the land affected by the petition;
(4)
Map(s) showing the geographic location of the land affected
by the petition and the existing and the proposed wetland(s) and watercourse(s)
boundaries on such land in accurate detail together with the documentation
supporting such proposed boundary locations; and
(5)
The reasons for the requested action.
F.
Any person who submits a petition to amend the Inland Wetlands and Watercourses Map shall bear the burden of proof for all requested map amendments. Such proof may include, but is not limited to, professional interpretation of aerial photography and remote sensing imagery, resource mapping or soils mapping. If such person is the owner, developer or contract purchaser of the land which is the subject of the petition, or if such person is representing the interests of such an owner, developer or purchaser, in addition to the information required in Subsection E, the petition shall include:
(1)
The name, mailing address and telephone number of the owner(s)
of such land and owner(s) agent or other representative;
(2)
The names and mailing addresses of the owners of abutting land,
including those across any street from the subject property;
(3)
Documentation by a soil scientist of the distribution of wetland
soils on said land. Such documentation shall at a minimum include
the report of the soil scientist documenting the location of wetland
soils on the land and a map of the land indicating the flag locations
set by the soil scientist and defining the boundaries of wetland soil
types; and
(4)
Map(s) showing any proposed development of the land in relation
to existing and proposed wetland and watercourse boundaries.
G.
Watercourses shall be delineated by a soil scientist, geologist,
ecologist or other qualified individual.
H.
A public hearing shall be held on petitions to amend either the Inland
Wetlands Regulations or the Inland Wetlands and Watercourses Map.
Notice of the hearing shall be published in a newspaper having a general
circulation in Mansfield at least twice at intervals of not less than
two days, the first not more than 15 days, nor less than 10 days,
and the last not less than two days before the date set for the hearing.
All materials, including the proposed regulation amendment or map
boundary revision, and all documents relating to the petition shall
be open for public inspection.
I.
The agency shall open a public hearing on a petition to amend either
the Inland Wetlands Regulations or the Inland Wetlands and Watercourses
Map within 65 days after receipt of a petition. The hearing shall
be completed within 35 days after commencement. The Agency shall act
upon the changes requested within 35 days after completion of the
hearing. At such hearing, any person may appear and be heard and may
be represented by agent or attorney. If additional time to consider
the petition is necessary, the petitioner may consent to one or more
extensions of any period specified in this subsection, provided the
total extension of all such periods shall not be for longer than 65
days, or the petitioner may withdraw the petition. Failure of the
agency to act within any time period specified in this subsection,
or any extension thereof, shall not be deemed to constitute approval
of the petition.
J.
The Agency shall state, in writing, the reasons for its decision
and provide a copy of its decision and, as the case may be, the regulation
or boundary change to the Commissioner of the Department of Energy
and Environmental Protection. Failure to submit the regulation or
boundary change to the Commissioner shall not impair the validity
of such regulations or boundary change.
K.
Any regulation or boundary change shall become effective at such
time as is set by the Agency, provided a copy of the regulation or
boundary change is filed in the office of the Mansfield Town Clerk
and a notice of decision is published in a newspaper having general
circulation in Mansfield.
A.
Appeal of actions of the Agency shall be made in accordance with
the provisions of Section 22a-43 of the Connecticut General Statutes,
as amended.
B.
Notice of an appeal shall be served upon the Mansfield Town Clerk,
as agent of service for the Agency and the Commissioner of Energy
and Environmental Protection by the person instituting the appeal.
A.
If there is any conflict among the provisions of these regulations,
the provision which imposes the most stringent standards for the use
of wetlands and watercourses shall govern. The invalidity of any word,
clause, sentence, section, part, subsection, subdivision or provision
of these regulations shall not affect the validity of any other part
which can be given effect without such invalid part or parts.
B.
If there is a conflict between the provisions of these regulations
and the provisions of the Act, the provisions of the Act shall govern.
Nothing in these regulations shall obviate the requirement for
the applicant to obtain any other assents, permits or licenses required
by law or regulation by the Town of Mansfield, the State of Connecticut
or the Government of the United States, including any approval required
by the Connecticut Department of Energy and Environmental Protection
and the U.S. Army Corps of Engineers. Obtaining such assents, permits
or licenses is the sole responsibility of the applicant.
A.
Method of payment. All fees required by these regulations shall be
submitted to the Agency by form of payment deemed acceptable by Agency
staff, payable to the Town of Mansfield, at the time the application
is filed.
B.
No application shall be granted or approved by the Agency unless the correct application fee is paid in full or unless a waiver has been granted by the Agency pursuant to § 130A-19F of these regulations.
C.
The application fee is not refundable.
D.
Fee schedule. Application fees shall be in accordance with the current
Mansfield Code of Ordinances Fee Schedule and pursuant to Section
8-1c of the Connecticut General Statutes. The fee schedule includes
provisions for applicant-funded consultant studies and reports. The
current fee schedule is available in the Planning Office.
E.
Exemption. Boards, commissions, councils and departments of the Town
of Mansfield are exempt from all fee requirements.
F.
Waiver.
(1)
The applicant may petition the Agency to waive, reduce or allow
delayed payment of the fee. Such petitions shall be in writing and
shall state fully the facts and circumstances the Agency should consider
in its determination under this subsection. The Agency may waive all
or part of the application fee if the Agency determines that:
(a)
The activity applied for would clearly result in a substantial
public benefit to the environment or to the public health and safety
and the applicant would reasonably be deterred from initiating the
activity solely or primarily as a result of the amount of the application
fee.
(b)
The amount of the application fee is clearly excessive in relation
to the cost to the Town for reviewing and processing the application.
(c)
The applicant has shown good cause.
(2)
The Agency shall state upon its record the basis for all actions
under this subsection.
These regulations are effective upon filing in the office of
the Mansfield Town Clerk and publication of a notice of such filing
in a newspaper having general circulation in the Town of Mansfield.
A.
Guide to activities regulated by the Connecticut Department of Energy
and Environmental Protection.
(1)
In addition to any permit or approval required by the Agency,
the Commissioner of Energy and Environmental Protection shall regulate
activities in or affecting wetlands or watercourses subject to the
following jurisdiction:
(a)
Construction or modification of any dam.
(b)
Construction, encroachment or placement of any obstruction within
stream channel encroachment lines.
(c)
Construction or placement of any structure or obstruction within
the tidal, coastal or navigable waters of the state.
(d)
Diversion of water, including withdrawals of surface water or
groundwater in excess of 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.
(e)
Discharges into the waters of the state pursuant to Section
22a-430 of the Connecticut General Statutes, as amended.
(2)
The Commissioner of Energy and Environmental Protection shall
have exclusive jurisdiction over tidal wetlands; activities authorized
under and dam repair or removal order or a dam construction permit;
and regulated 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 Section 22a-39 or 22a-45a 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 a municipal wetlands
agency for any action necessary to comply with said dam order or to
carry out the activities authorized by said dam permit.
(3)
Activities conducted by, or under the authority of, the Department
of Energy and Environmental Protection for the purposes of wetland
or watercourse restoration or enhancement or mosquito control shall
be permitted in wetlands and watercourses, as of right.
B.
Guide to activities regulated by the Army Corps of Engineers. The
Corps of Engineers regulates construction and other work in navigable
waterways under Section 10 of the Rivers and Harbors Act of 1899 and
the discharge of dredged or fill material into "waters of the United
States" under Section 404 of the Clean Water Act. "Waters of the United
States" are navigable waters, tributaries to navigable waters, wetlands
adjacent to those waters and/or isolated wetlands that have a demonstrated
interstate commerce connection.
C.
Section 1-1(q) of the connecticut general statutes. Section 1-1, Words and phrases: Except as otherwise specifically defined, the words "agriculture" and "farming" shall include cultivation of the soil, dairying, forestry, raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, including horses, bees, poultry, fur-bearing animals and wildlife, and the raising or harvesting of oysters, clams, mussels, other molluscan shellfish or fish; the operation, management, conservation, improvement or maintenance of a farm and its buildings, tools and equipment, or salvaging timber or cleared land of brush or other debris left by a storm, as an incident to such farming operations; the production or harvesting of maple syrup or maple sugar, or any agricultural commodity, including lumber, as an incident to ordinary farming operations or the harvesting of mushrooms, the hatching of poultry, or the construction, operation or maintenance of ditches, canals, reservoirs or waterways used exclusively for farming purposes; handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market, or to a carrier for transportation to market, or for direct sale any agricultural or horticultural commodity as an incident to ordinary farming operations, or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market or for direct sale. The term "farm" includes farm buildings, and accessory buildings thereto, nurseries, orchards, ranges, greenhouses, hoop houses and other temporary structures or other structures used primarily for the raising and, as an incident to ordinary farming operations, the sale of agricultural or horticultural commodities. The term "aquaculture" means the farming of the waters of the state and tidal wetlands and the production of protein food, including fish, oysters, clams, mussels and other molluscan shellfish, on leased, franchised and public underwater farmlands. Nothing herein shall restrict the power of a local zoning authority under Chapter 124.
