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4.1 The following operations and uses shall be permitted in inland wetlands and watercourses, as of right:
a. 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:
i. Road construction or the erection of buildings not directly related to farming operation; or
ii. Relocation of watercourses with continual flow; or
iii. Filling or reclamation of wetlands or watercourses with continual flow; or
iv. Clear-cutting of timber except for the expansion of agricultural cropland; or
v. Mining of top soil, peat, sand, gravel or similar material from wetlands or watercourses for purposes of sale.
b. 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 the 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, which ever is earlier, and further provided no residential home shall be permitted as of right pursuant to this subdivision unless the building permit was obtained on or before July 1, 1987. Any person claiming a use of wetlands permitted as a right under this subdivision shall document the validity of said right by providing a certified copy of the building permit and a site plan showing proposed and existing topographic contours, house and well locations,
septic system, driveway, approval dates or other necessary information to document his or her right hereunder;
c. boat anchorage or mooring, not to include dredging or dock construction;
d. uses incidental to the enjoyment or maintenance of residential property, such property defined as equal to or smaller than the largest minimum residential lot size 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) and containing a residence. Such incidental uses shall include maintenance of existing structures and landscaping, but shall not include removal or deposit of significant amounts of material from or into a wetland or watercourse, or diversion or alteration of a watercourse.
e. 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 through 22a-410 of the Connecticut General Statutes.
f. 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 section, “maintenance” means the removal of accumulated leaves, soil, and other debris, whether by hand or machine, while the pipe remains in place.
4.2 The following operations and uses shall be permitted as non-regulated uses in wetlands and watercourses, provided they do not disturb the natural and indigenous character of the wetland or watercourse by removal or depostition of material, alteration or obstruction of water flow or pollution of the wetland or watercourse:
a. conservation of soil, vegetation, water fish, shellfish, and wildlife. Such operation or use shall include, but is not limited to, minor work to control erosion, or to encourage proper fish, wildlife, and silviculture management practices.
b. outdoor recreation including the use of play and sporting areas, golf courses, field trails, nature study, hiking, horseback riding, swimming, skin and scuba diving, camping, boating, water skiing, trapping, hunting, fishing and shellfishing, and cross country skiing where otherwise legally permitted and regulated.
4.3 All activities in wetlands and watercourses involving filling, excavation, dredging, clear cutting, clearing, or grading or any other alteration or use of a wetland or watercourse not specifically permitted by this Section shall require a permit from the Agency in accordance with Section 6 of these Regulations.
4.4 To carry out the purposes of this Section, any person proposing to carry out an activity permitted as of right or nonregulated operation or use of a wetland or watercourse which may disturb the natural and indigenous character of the wetland or watercourse shall, prior to commencement of such operation or use, notify the Agency on a form provided by it, and provide the Agency with sufficient information to enable it to properly determine that the proposed operation and use is an activity permitted as of right permitted or a nonregulated use of the wetland or watercourse. The Agency shall rule that the proposed operation or use is a permitted or a nonregulated use or operation or that a permit is required.
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