For the purposes of these regulations, certain words and terms
used herein shall be used, interpreted and defined as set forth in
this section.
ACT
The Inland Wetlands and Watercourses Act, Sections 22a-36
through 22a-45, inclusive, of the Connecticut General Statutes.
AGENCY
The Mansfield Inland Wetlands Agency.
BOGS
Are watercourses distinguished by evergreen trees and shrubs
underlain by peat deposits, poor or very poor drainage, and highly
acidic conditions.
BUILDING AREA ENVELOPE (BAE)
The portion of a "development area envelope," as defined
by Mansfield's Subdivision Regulations, 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, 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.
CLEAR CUTTING
The harvest of timber which removes all trees down to a two-inch
diameter at breast height.
CONTINUAL FLOW
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.
DEPOSIT
Includes, but shall not be limited to, fill, grade, dump,
place, discharge or emit.
DEVELOPMENT AREA ENVELOPE (DAE)
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.
DISCHARGE
The emission of any water, substance, or material into waters
of the state whether or not such substance causes pollution.
FARMING
Shall be consistent with the definition contained in Section 1-1(q) of the Connecticut General Statutes. (See §
130A-21, Appendix.)
FEASIBLE
Able to be constructed or implemented consistent with sound
engineering principles.
LICENSE
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.
MANAGEMENT PRACTICE
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.
MARSHES
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.
MATERIAL
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.
NURSERIES
Places where plants are grown for sale, transplanting, or
experimentation.
PERMITTEE
The person to whom a license has been issued.
PERSON
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.
POLLUTION
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.
PRUDENT
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.
REGULATED ACTIVITY
(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.
REMOVE
Includes, but shall not be limited to, drain, excavate, mine,
dig, dredge, suck, bulldoze, dragline or blast.
RENDERING UNCLEAN OR IMPURE
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.
SIGNIFICANT IMPACT
Any activity, including, but not limited to, the following
activities:
A.
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.
B.
Any activity which substantially changes the natural channel
or may inhibit the natural dynamics of a watercourse system.
C.
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.
D.
Any activity which is likely to cause or has the potential to
cause substantial turbidity, siltation or sedimentation in a wetland
or watercourse.
E.
Any activity which causes substantial diminution of flow of
a natural watercourse or groundwater levels of a wetland or watercourse.
F.
Any activity which is likely to cause or has the potential to
cause pollution of a wetland or watercourse.
G.
Any activity which damages or destroys unique wetland or watercourse
areas or such areas having demonstrable scientific or educational
value.
H.
Any activity wherein buffers of natural vegetation of 50 feet
or more along the edges of wetlands or watercourse are not retained.
SOIL SCIENTIST
An individual duly qualified in accordance with standards
set by the Federal Office of Personnel Management.
SUBMERGED LANDS
Those lands which are inundated by water on a seasonal or
more frequent basis.
SWAMPS
Are watercourses that are distinguished by the dominance
of wetland trees and shrubs.
TOWN
The Town of Mansfield.
UPLAND REVIEW AREA
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.
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:
A.
Evidence of scour or deposits of recent alluvium or detritus;
B.
The presence of standing or flowing water for a duration longer
than a particular storm incident; and
C.
The presence of hydrophytic vegetation.
WETLANDS
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.
YIELD PLAN
A map(s) containing a lot and site improvement layout and
additional information as required by Mansfield's Subdivision
and Zoning Regulations, 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.
WASTE
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.
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.
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.