Sec.22a-30-11. Use guidelines

(a) The classes of activities listed in this section are established for the purposes of providing guidance to prospective applicants and to the public when determining the potential acceptability of proposed regulated activities to be undertaken within the boundaries of a wetland. Nothing in this section shall be construed as constituting approval or disapproval of any activity prior to the decision on a permit. All activities except those specifically exempted by section 22a-29 (3) of the General Statutes are subject to the permit requirements of these regulations. Since the physical and biological conditions within the wetlands of the state vary with respect to location, tidal range, soil condition, water quality, sediment supply and the character of the surrounding upland each activity must be judged as to its acceptability on a case-by-case basis.

(b) Activities which may be generally compatible under certain conditions. The following activities may be generally compatible with the functions of wetlands and with established public policy for their management under certain conditions. Nothing in this subsection shall be construed as constituting conditional approval of any activity prior to regulatory review and the decision on a permit. The conditions listed with each activity are minimum conditions. All activities listed in this subsection are further subject to any conditions or limitations which the commissioner deems necessary on a case-by-case basis to carry out the provisions of these regulations:

(1) Conservation activities, except those not regulated pursuant to section 22a-29 of the General Statutes, such as habitat restoration or wildlife management, which:

(A) Do not require significant physical alteration of the wetland;

(B) Do not result in continuous compaction of the peat soils;

(2) Placement of small piers, catwalks, floats, docks, piles and other similar structures including trails and pedestrian access routes when:

(A) They do not involve dredging or filling of the wetland surface;

(B) They are elevated on low-impact pile foundations;

(C) They do not interfere with or obstruct navigation;

(D) They do not restrict tidal circulation or flushing;

(3) Repair, relocation and/or rearrangement of floating docks, open pile docks, and similar structures within an established marina or boat basin where such activities involve no disturbance of wetland other than removing and relocating anchors or pilings;

(4) Placement of pipes and cables when:

(A) They are installed below grade;

(B) They are sited to take advantage of existing areas of disturbances or existing transportation corridors;

(C) Damage to the wetland systems as a result of construction activities is minimized;

(D) The wetland is restored to its natural condition following construction;

(E) Appropriate erosion and sedimentation controls are instituted so as to minimize impacts on water quality and sedimentation in surrounding areas;

(5) Stormwater drainage structures when:

(A) The pipe empties into streams or ditches within the wetland rather than directly onto the wetland surface;

(B) The discharge pipe and head wall do not project unnecessarily onto or require fill of the wetland surface;

(C) The velocities of the discharged water are not sufficiently large to cause erosion or scouring of the wetland's surface or vegetation;

(D) The discharge pipe is equipped with catch basins which are cleaned sufficiently often to maintain unimpaired function;

(6) Erection of water-dependent industrial and commercial facilities when:

(A) Elevated pile-supported construction is utilized;

(B) They do not interfere with the circulation of tidal or coastal waters;

(C) The facilities are designed to minimize the destruction of indigenous wetland vegetation;

(D) They do not significantly affect native wildlife, finfish or shellfish populations;

(E) Their encroachment into wetland areas is limited to that minimally necessary to provide structural stability;

(F) There is no alternative for accomplishing the applicant's objective which is technically feasible and which further minimizes adverse impacts;

(G) The height, width and length of structures are limited to the minimum dimensions necessary to accomplish their intended function;

(7) Construction of boat launching ramps when:

(A) All parking is provided on upland;

(B) Encroachment into the wetland is limited to the minimum necessary to provide access to coastal or tidal waters;

(8) Erection of power transmission lines when:

(A) They do not alter the topography of the wetland;

(B) Permanent' vehicular accessways to the structure are not constructed in the wetland;

(C) Alternative routes have been explored and found to be infeasible;

(D) Encroachment onto the wetland is limited to the minimum necessary to achieve structural stability.

(c) Activities which are generally incompatible. The following activities are generally incompatible with the functions of wetlands and with established public policy for their management. Nothing in this subsection shall be construed as constituting disapproval of any activity prior to regulatory review and the decision on a permit:

(1) Dredging;

(2) Filling;

(3) Installation of electric, gas, water or other utilities which would change the natural contours of the wetland or prevent reestablishment of wetland vegetation or impede tidal circulation;

(4) Installation of drainage control structures such as dry wells, retention basins, filters, open swales, or ponds;

(5) Disposal of dredged materials;

(6) Grading;

(7) Excavation;

(8) Construction of solid fill docks;

(9) Construction of bulkheads, groins, revetments, berms and other shoreline stabilization structures;

(10) Construction of dikes and tidal gates or maintenance, repair or replacement of dikes and tidal gates which have not been maintained in serviceable condition during the period immediately prior to the proposed maintenance, repair or replacement;

(11) Construction of single family dwellings or multiple family dwellings on fill;

(12) Construction of commercial or industrial use facilities or public buildings which do not require water access, and construction of water-dependent commercial or industrial use facilities or public buildings on fill;

(13) Construction or substantial expansion of airports, runways and any accessory facilities to support air transportation, not including maintenance of existing facilities.

(Effective August 11, 1980)