Sec. 22a-40. Permitted operations and uses.
Sec. 22a-40. Permitted operations and uses. (a) The following operations and
uses shall be permitted in wetlands and watercourses, as of right:
(1) Grazing, farming, nurseries, gardening and harvesting of crops and farm ponds
of three acres or less essential to the farming operation, and activities conducted by, or
under the authority of, the Department of Environmental Protection for the purposes of
wetland or watercourse restoration or enhancement or mosquito control. The provisions
of this subdivision shall not be construed to include road construction or the erection
of buildings not directly related to the farming operation, relocation of watercourses
with continual flow, filling or reclamation of wetlands or watercourses with continual
flow, clear cutting of timber except for the expansion of agricultural crop land, the
mining of top soil, peat, sand, gravel or similar material from wetlands or watercourses
for the purposes of sale;
(2) A residential home (i) for which a building permit has been issued or (ii) on a
subdivision lot, provided the permit has been issued or the subdivision has been approved
by a municipal planning, zoning or planning and zoning commission as of the effective
date of promulgation of the municipal regulations pursuant to subsection (b) of section
22a-42a or as of July 1, 1974, whichever is earlier, and further provided no residential
home shall be permitted as of right pursuant to this subdivision unless the permit was
obtained on or before July 1, 1987;
(3) Boat anchorage or mooring;
(4) Uses incidental to the enjoyment and maintenance of residential property, such
property defined as equal to or smaller than the largest minimum residential lot site
permitted anywhere in the municipality, provided in any town, where there are no zoning
regulations establishing minimum residential lot sites, the largest minimum lot site shall
be two acres. Such incidental uses shall include maintenance of existing structures and
landscaping but shall not include removal or deposition of significant amounts of material from or onto a wetland or watercourse or diversion or alteration of a watercourse;
(5) Construction and operation, by water companies as defined in section 16-1 or
by municipal water supply systems as provided for in chapter 102, of dams, reservoirs
and other facilities necessary to the impounding, storage and withdrawal of water in
connection with public water supplies except as provided in sections 22a-401 and 22a-403; and
(6) Maintenance relating to any drainage pipe which existed before the effective
date of any municipal regulations adopted pursuant to section 22a-42a or July 1, 1974,
whichever is earlier, provided such pipe is on property which is zoned as residential
but which does not contain hydrophytic vegetation. For purposes of this subdivision,
"maintenance" means the removal of accumulated leaves, soil, and other debris whether
by hand or machine, while the pipe remains in place.
(b) The following operations and uses shall be permitted, as nonregulated uses in
wetlands and watercourses, provided they do not disturb the natural and indigenous
character of the wetland or watercourse by removal or deposition of material, alteration
or obstruction of water flow or pollution of the wetland or watercourse:
(1) Conservation of soil, vegetation, water, fish, shellfish and wildlife; and
(2) Outdoor recreation including play and sporting areas, golf courses, field trials,
nature study, hiking, horseback riding, swimming, skin diving, camping, boating, water
skiing, trapping, hunting, fishing and shellfishing where otherwise legally permitted
and regulated.
(c) Any dredging or any erection, placement, retention or maintenance of any structure, fill, obstruction or encroachment, or any work incidental to such activities, conducted by a state agency, which activity is regulated under sections 22a-28 to 22a-35,
inclusive, or sections 22a-359b to 22a-363f, inclusive, shall not require any permit or
approval under sections 22a-36 to 22a-45, inclusive.
(1972, P.A. 155, S. 3; P.A. 73-571, S. 1, 9; P.A. 77-599, S. 2, 7; P.A. 87-533, S. 2, 14; P.A. 88-364, S. 33, 123; P.A.
94-89, S. 15; P.A. 97-289, S. 5, 9; P.A. 98-209, S. 4.)
History: P.A. 73-571 allowed usage of wetlands and watercourses for grazing, farming, etc. purposes, for residential
purposes, for boat anchorage or mooring and for water supply purposes "as of right" as was previously the case deleting
exception "as they involve regulated activities", but allowed usage "as a nonregulated use ... provided they do not disturb
the natural and indigenous character of the land" for conservation of soil, vegetation, etc. and outdoor regulation, where
previously these uses too had been "as of right"; P.A. 77-599 amended Subsec. (a)(2) for clarity adding references to
approval by municipal planning and zoning commissions and to July 1, 1974, as alternate approval date, amended (a)(4)
for clarity by adding words "equal to or smaller than" with reference to lot size, by specifying that incidental uses include
"maintenance of existing structures and landscaping" but exclude "removal or deposition of significant amounts of material
from or onto a wetland or watercourse or diversion or alteration of a watercourse", amended Subsec. (b) to specifically
prohibit removal or deposition of material, alteration or obstruction of water flow or pollution of wetlands or watercourses
and to refer to field "trials" rather than field "trails" in Subdiv. (2); P.A. 87-533 amended Subsec. (a)(1) to require permits
for farm ponds not essential to the farming operation, and certain road construction, relocation of wetlands and watercourses
with continual flow, clear cutting of timber, and mining for the purposes of sale and amended Subsec. (a)(2) to require
permits for all residential homes after July 1, 1987; P.A. 88-364 made a technical change in Subsec. (a); P.A. 94-89 added
Subsec. (a)(6) re maintenance of drainage pipes in certain wetlands areas; P.A. 97-289 amended Subsec. (a)(1) to include
in the operations permitted as of right activities of the Commissioner of Environmental Protection re wetland or watercourse
restoration and mosquito control, effective July 1, 1997; P.A. 98-209 added new Subsec. (c) re permitted uses by state
agencies.
Cited. 179 C. 250. Cited. 180 C. 421; Id., 692. Cited. 183 C. 532. The inland wetlands and watercourses act cited. 186
C. 67. Cited. 193 C. 414. The inland wetlands and watercourses act cited. 196 C. 218. Cited. 203 C. 525. Cited. 209 C.
544; Id., 652. Cited. 211 C. 416. Inland wetlands and watercourses act cited. 212 C. 710; Id., 727; 213 C. 604. Cited. 216
C. 320. Inland wetlands and watercourses act (IWWA) Sec. 22a-36 et seq. cited. Id. Inland wetlands and watercourses act
(IWWA) cited. 217 C. 164. Inland wetlands and watercourses act cited. 218 C. 703; 219 C. 404. Cited. 220 C. 362; Id.,
476. Cited. 226 C. 358. Inland wetlands and watercourses act, Secs. 22a-36-22a-45a cited. Id., 579. Inland wetlands and
watercourses act, Sec. 22a-36 et seq. cited. 228 C. 95. Cited. 229 C. 247. Inland wetlands and watercourses act cited. Id.
Cited. Id., 627; Id., 654. Inland Wetlands and Watercourses Act cited. 242 C. 335.
Cited. 4 CA 271. Cited. 5 CA 70. Cited. 6 CA 715. Cited. 7 CA 283. Inland wetlands and watercourses act cited. 12
CA 47. Inland wetlands and watercourses act cited. 15 CA 336; 18 CA 440. Cited. 19 CA 713. Inland wetlands and
watercourses act cited. 20 CA 309; 26 CA 564; 27 CA 590; 28 CA 780. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 29 CA 12; Id., 105. Inland wetlands act cited. 30 CA 85. Inland wetlands and watercourses act, Secs. 22a-36-22a-45 cited. 31 CA 105; Id., 599; judgment reversed, see 229 C. 627, see also 36 CA 270. Inland wetlands and
watercourses act cited. 32 CA 799. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 34 CA 385. Inland
wetlands and Watercourses Act cited. 36 CA 270; 37 CA 166.
Cited. 35 CS 145. Cited. 36 CS 1. Cited. 41 CS 444. Cited. 42 CS 57.
Subsec. (a):
Subdiv. (4): Statute intended to apply only to that which is already in existence on residential property, including
residence. 183 C. 532. Subdiv. (1) cited. 215 C. 616. Subdiv. (2): There is no as-of-right exemption from wetlands regulation
under this section for construction of houses on subdivision lots existing prior to July 1, 1974, unless a building permit
had been issued for such lot prior to July 1, 1987. 229 C. 247. P.A. 87-533 cited. Id.
Subdiv. (1): Regulation in effect at time of court decision is controlling. 18 CA 440. Subdiv. (1) cited. 20 CA 819.
Subdiv. (1) cited. 24 CA 163.
Subsec. (b):
Cited. 217 C. 164.