§ 2. Definitions.
2.1 Definitions: Certain words used in these regulations have the following meaning as described in alphabetic sequence:
Act means the Inland Wetland and Watercourses Act, Sections 22a-36 through 22a-45 of the General Statutes, as amended.
Agency means the Inland Wetlands and Watercourses Agency (or Commission) of the Town of Southbury.
Applicant means any person as defined under section 2.1 wishing to undertake an activity regulated by the Inland Wetlands Agency of the Town of Southbury.
Bogs are usually distinguished by evergreen trees and shrubs underlain by peat deposits, poor drainage, and highly acidic conditions.
Clear-cutting means the harvest of timber in a fashion which removes all trees down to a two-inch diameter at breast height.
Commissioner means the Commissioner of Environmental Protection.
Continual flow means 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.
Discharge means emission of any water, substance or material into waters of the state whether or not such substance causes pollution.
Disturbing the natural and indigenous character of the land means that the activity will significantly alter the inland wetland and watercourses by reason of removal or deposition of material, clear-cutting, alteration or obstruction of water flow, or will result in the pollution of wetland or watercourse.
Designated agent means an individual designated by the Agency to carry out its functions and purposes.
Essential to the farming operation means that the activity proposed is necessary and indispensable to sustain farming activities on the farm.
Farming means use of land for the growing of crops, raising of livestock or other agricultural use.
Feasible means able to be constructed or implemented consistent with sound engineering principles.
License means the whole or any part of any permit, certificate or approval or similar form of permission which may be required of any person by the provisions of the Inland Wetlands and Watercourses Act.
Marsh means an area normally covered with shallow water, subject to seasonal variations that are distinguished by the absence of trees and shrubs and are dominated by soft-stemmed herbaceous plants.
Material means 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 means land used for propagating trees, shrubs or other plants for transplanting, sale or for use as stock for grafting.
Permit means the whole or any part of any license, certificate or approval or similar form of permission which may be required of any person by the provisions of these regulations under the authority of the Inland Wetlands Agency.
Permittee means the person to whom such permit has been issued.
Person means any person, firm, partnership, association, corporation, company, organization, or legal entity of any kind, including municipal corporation, government agencies or subdivisions thereof.
Pollution means harmful thermal effect or the contamination or rendering unclean or impure any waters within the Town of Southbury 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 resulting from any filling or excavation activity.
Prudent means 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 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, storage, excavating, constructing, depositing or removal of material and discharging of water on the land within fifty (50) feet measured horizontally from the boundary of any wetland or watercourse or within one hundred (100) feet of: Bullet Hill Brook, Eight Mile Brook, Transylvania Brook, Pomperaug River, Shepaug River, Lake Lillinonah, Housatonic River, Lake Zoar is a regulated activity. The Agency may rule that any activity in any non-wetland or non-watercourse area is likely to impact or affect wetlands or watercourses and therefore is a regulated activity.
Regulated area means any wetlands or watercourses as defined in these regulations.
Remove includes, but shall not be limited to, drain, excavate, mine, dig, dredge, suck, grub, clear cut timber, bulldoze, dragline or blast.
Rendering unclean or impure means any alteration of the physical, chemical, or biological properties of any of the waters within the Town of Southbury, including, but not limited to, change in color, odor, turbidity or taste.
Significant activity as defined in section 6.
Soil scientist means an individual duly qualified in accordance with standards set by the Federal Office of Personnel Management.
Swamp means an area with a water table at or near the surface of the ground throughout most of the year and containing vegetation dominated by an association of trees and/or shrubs recognized as swamp species.
Submerged lands means those lands which are inundated by water on a seasonal or more frequent basis.
Waste means sewage or any substance, liquid or gaseous, solid or radioactive, which may pollute or tend to pollute any of the waters within the Town of Southbury.
Watercourses means river[s], 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 of the General Statutes, as amended. Intermittent watercourse shall be delineated by a defined permanent channel and bank and the occurrence of two (2) or more of the following characteristics: (a) evidence of scour or deposits or recent alluvium or detritus (b) the presence of standing or flowing water for a duration longer than particular storm incident, and (c) the presence of hydrophytic vegetation.
Wetlands means land, including submerged land as defined in section 2.1[cc.] of these regulations, 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).