The State of
Connecticut has determined that “The inland wetlands
and watercourses of the state of Connecticut are an
indispensable and irreplaceable but fragile natural
resource with which the citizens of the state have
been endowed.”
(Connecticut General
Statutes [CGS] 22a-36) Since
colonial times, 70% of the wetlands in Connecticut
have been filled for agriculture, commercial,
industrial, and residential uses.
To ensure the future protection of the
State’s inland wetlands and watercourses, the
Connecticut State Legislature established the Inland
Wetlands and Watercourses Act which, through the
Connecticut General Statutes [CGS] 22a-36 through
22a-45d, requires that each
municipality establish regulations and a commission
to administer the regulations.
As identified in the
Act, wetlands are valuable natural resources for an
abundance of reasons. Some of these are obvious,
such as providing wildlife habitat and aesthetic and
recreational values. Others may not be as obvious,
such as the wetlands’ capacity to reduce flooding
by retaining water during storms.
Wetlands also help to maintain ground and surface
water levels and to protect water quality. Wetlands
support delicate ecosystems, which include species
from the smallest microscopic bacteria to large
mammals. It is the microscopic organisms that play
a primary role in mitigating pollution of storm
water and maintaining water quality.
Wetlands and
watercourses protect property value by guarding
against flooding and erosion, and water pollution.
They maintain ground water levels, and help to prevent,
by filtering of nutrients, eutrophication
of ponds.
|
This is a eutrophic
pond covered in algae. Eutrophication in
fresh water is caused by high phosphorous
levels. Phosphorous is a nutrient that
enters the pond primarily by storm water
that has picked up fertilizer and animal
droppings from lawns and agriculture.
Phosphorus encourages algae growth, which
causes a decrease in oxygen levels.
Mortality rates of animals and submergent
plants rise dramatically when ponds are in a
eutrophic state. A stagnant odor and a
thick, green surface layer of algae are
indicators of eutrophication of ponds. |
 |
The Agency
CGS
22a-42(c)
required that each municipality establish an Inland
Wetlands Agency or board to protect the wetlands and
watercourses within its territorial limits. The
Town of Branford Inland Wetlands and Watercourses
Agency was established in
Chapter
109
of the Town Ordinance on January 9,
1974. The Inland Wetlands and Watercourses Agency
of the Town of Branford consists of the Inland
Wetlands and Watercourses Commission and Town
staff. There are 7 regular and 3 alternate
commissioners. Staff includes a full time
Enforcement Officer (duly authorized Agent) and part
time assistant ( duly authorized agent). The Agency is responsible for
administration of the
Town of Branford Inland
Wetlands Regulations.
Inland Wetlands and Watercourses – Regulated Areas
Wetlands and
Watercourses are the
Regulated Areas
that fall under jurisdiction of the Inland Wetlands
and Watercourses Agency. Per
Connecticut General Statutes wetlands are defined by their soils
and classified as “poorly drained, very poorly
drained, alluvial, and flood plain soils.” This
method of classification by soils allows for the
identification of wetlands during droughts or when
other indicators such as standing water, wetland
vegetation, or obligate wildlife species are absent.
Tidal wetlands as identified in the
CGS and as determined in the field by the
DEP Office of Long
Island Sound Programs [OLISP]
are excluded from Inland Wetland jurisdiction.
Watercourses are defined as “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 of Branford.”
Tidal watercourses are not specifically excluded
from the Agency’s jurisdiction unless they are also
considered tidal wetlands. When in doubt,
OLISP
must make the final determination as to jurisdiction
related to tidal verses inland wetlands.
Regulated Activities
The Agency routinely
exerts jurisdiction over
regulated activities proposed
within its established 100 foot upland review area
of a wetland or watercourse. It will take
jurisdiction over activities that take place outside
of the 100 foot review area if the activities are
likely to impact a wetland or watercourse. For
example, most
storm water discharged from
properties within Branford eventually makes its way
into regulated areas, so jurisdiction outside of the
established 100 foot review area applies to any
project which would result in alterations of storm
water discharges from the site. Also, the
Commission will likely take jurisdiction over
disturbances on steep slopes above wetlands whether
activity is within 100 feet or not.
The Application
Applications for
permit are generally reviewed in a public forum at
regular meetings and voted upon by the commission.
Public hearings may be held for applications which
meet certain statutory requirements as stated in
CGS 22a-42a(c). If an application
poses only minor risk of impact to regulated areas,
then the Agent may administratively approve the
application.
(Download application form here)
Applications must be submitted no later than the day
before a meeting to be legally received at that
meeting (legal “receipt” date). The Commission is
not permitted by law to make a decision until at
least 14 days after receipt of an application in
order to give Town residents the opportunity to
submit a
petition for a public hearing.
Buffers are areas of
vegetated land that lie adjacent to wetlands and
watercourses, protecting them from negative
impacts. The soils, grasses, shrubs, and trees that
comprise the buffer provide the following:
-
minimization of erosion and sedimentation into
water resources.
The root systems of plants and trees, as well
as organic matter and rocks serve to keep the
soils in place during storm events and help
minimize erosion of soils. Vegetated buffers also help
to slow the water down, which reduces turbidity
and suspended sediments.
-
infiltration of surface run-off
. When storm water run-off enters the ground,
pollutants and contaminants are sequestered,
then broken down chemically and biologically by
microorganisms into less harmful substances.
-
shade.
Trees and other vegetation
help to maintain water temperatures
necessary for habitat survival and optimum
oxygen levels. Streamside vegetation also
provides refuge for finfish.
-
flood prevention Buffers
allow infiltration of water into the ground
which provides storage, and helps to keep surface and ground water levels
stable.
-
food and habitat
for terrestrial
and aquatic species. Insects
that reside in the trees and other vegetation
that comprise the buffer are a vital food source
for fish, amphibians, birds, and reptiles.
-
ecological integrity Wetlands produce
highly productive plant and animal communities.
The more intact these systems are, the more
diverse and valuable they become. Buffers help
to keep wetland habitat productive, diverse, and
safe from human encroachment.
-
protection against impacts. Development of adjacent land can have
negative impacts
that range from polluted runoff to erosion,
sedimentation, and dumping. Buffers between the
water resource and development serve to protect
wetlands from potential negative impacts that
can destroy water quality and habitat.
Buffers are typical of
the symbiotic workings of nature. The interplay of
the living organisms with their extended environment
serves to maintain plant and animal diversity,
habitat, and stability in hydrology.
Stormwater
When it rains,
stormwater naturally travels downhill over land and
through watercourses on its way to water bodies and
wetlands. It spreads out and infiltrates the
ground along the way, which reduces flow velocities
and allows the water to be taken up by plant root
systems. Infiltration aids in the replenishment of ground
water stores, and allows stormwater to be filtered
and cooled before it reaches rivers, lakes, and
wells. It also picks up organic matter which
provides nutrients and replenishes necessary
sediment levels in the wetlands and watercourses.
When storm water is
not managed properly, it will run off parking lots,
landscaped, and lawn areas where it picks up oils,
anti-freeze, gasoline, litter, sand, salt,
fertilizers, pesticides, pet droppings and other
pollutants. Generally discharged into the municipal
storm water system, this water is carried quickly to
a few large outlets. At the outlets, the run-off
flows at volumes and velocities that can result in
the excessive erosion of soils, particularly on
slopes and within watercourses. Eroded soils add to
the pollution in the runoff. When the flows reach a
level area, usually a wetland, waterbody, or flood
plain, the pollutants and sediments begin to settle
out. Excessive deposition of sediments and
pollutants can destroy aquatic habitat, plant, and
animal species. Deposition, or “filling”, buries
vegetation and amphibian eggs. Sedimentation can
also alter stream channel flow by filling channels,
and can cause flooding by removing valuable storage
volume for flood waters. The pollutants accumulate
and become toxic to native microorganisms, insects,
plants, and animals, and can cause the death of many
species. Suspended sediments that remain in the
water column can clog respiratory and digestive
tracts of aquatic animals causing injury and death.
Suspended sediments also reduce necessary light
penetration to underwater aquatic plants.
Generally, under developed conditions, the water
volumes are much larger than would naturally occur
because they have not been retained and
infiltrated. The excess storm water will seek the
lowest areas to pool, whether it be wetland, pond,
basement, parking lot, or nearby yard.
It is expensive and
not particularly effective to “fix” these problems
after the fact. That is why the Agency requires
that storm water drainage management be designed
into any proposed plans. It is generally
recommended that, at minimum, the first flush (1
inch) of stormwater be retained and infiltrated on
the site, no increase in peak flows occur, and water
quality be maintained. In some areas impacted by
flooding, more aggressive management of storm water
may be required in order that the existing
hydrograph be maintained.
Remember that storm
drains do not carry stormwater to be treated in the
sewage treatment plant. Storm drains discharge
stormwater directly into our wetlands and
watercourse so we should never put car wash water,
used oil, pet droppings, chlorinated pool water,
leaves or other foreign substances into the storm
drains.
Before You Act
Wetland regulations
apply to everyone. Anyone planning to perform an
activity which is in the vicinity of a wetland or
watercourse should contact the Inland Wetland office
at Town Hall, 203-315-5351 to find out if a permit
is needed. Remember, the existence of a wetland is
not always obvious. Wetlands can exist in lawns, on
the sides of steep slopes, or on top of ridges.
Wetlands can be found anyplace where the ground
water level remain close to the soil
surface for extended periods of time. The Agency
reviews all applications submitted to the Building
and Planning and Zoning departments. If a wetland
permit is required, the process can take a month or
more, so it should be obtained as soon as possible.
Before buying a
property, it is best to find out if wetlands are
located either on the property, or close enough
that activities will require a permit. Additionally,
a history of permits issued for the site should be
obtained. A deed restriction
may have been required by the Commission as part of
a permit in order to maintain a natural vegetated
buffer between wetlands and developed area. If
established, deed restrictions limit activities that
can occur within that buffer. A
conservation easement may have
been granted to the Land Trust, the Town of Branford
or another entity. Conservation easements also
limit activities than can be conducted. The Inland
Wetlands Department, Town Clerk, Planning and
Zoning, and Assessor’s Office can assist in
obtaining this information. Residents should also
be aware that when violations occur and the health
of the wetland is compromised, anyone found to be
conducting regulated activities without a permit or
violating conditions of an issued permit can face
enforcement action in the form of a Cease and
Correct Order and/or fines of up to $1000 per day.
(Enforcement)
Inland
Wetland Deed Restrictions
Deed restrictions are
language placed on the property deed which may
prohibit or limit certain activities. The subject
areas are generally negotiated during the
application and permitting process and are included
in the wetland approval as vegetated buffers
designed to permanently protect the wetlands and
watercourses from damage. The language on the deed
must be read very carefully in order to determine
what activities are not permitted at all and what
activities may be allowed if permitted by the
Agency. Protected areas may be required to be
identified by signs or monuments.
Conservation
Easements
Similar to the deed
restrictions, conservation easements apply to buffer
areas negotiated during the permitting process. The
difference is that the property rights to these
conservation areas are granted to various entities
such as Branford Land Trust, Town of Branford
Conservation and Environment Commission, or State of
Connecticut. The language must be read very
carefully to understand what property rights have
been granted to others.
Enforcement
The
Connecticut
General Statutes (sec. 22a-44),
The Inland Wetland
and Watercourses Regulations of the Town of
Branford, and
Town Ordinance
all
provide a means for the Commission to fine those who
operate or maintain regulated activities without a
permit, or who conduct other activities which may
impact a wetland or watercourse. Refer to Section
14 of the Regulations
Conclusion
Inland wetlands and
watercourses are an invaluable asset to our quality
of life and to the preservation of thousands of
species. We are all the trusted stewards of these
extraordinary, wild areas. The Inland Wetlands and
Watercourses Agency of the town of Branford, by
careful review of each application, strives to
preserve these areas for the benefit of all. But
one does not need to be a member of the Commission
to help preserve the quality of our wetlands and
watercourses. We can all make a difference. If we
have wetlands on our property, we can establish and
maintain a natural area between our lawns and the
wetland by planting only species native to
Connecticut. By limiting pesticide and chemical
fertilizer use on our lawns, we can reduce or
eliminate harmful contaminates from entering our
rivers and streams. By keeping up with maintenance
on our cars, we can reduce the amount of toxic
fluids carried into our wetlands by stormwater. We
can volunteer to pick up litter which would
otherwise end up in a storm drain. We can clean up
after our pets and not discharge waste into our
storm drains. Above all we can help to educate
others. The Department of Inland Wetlands in the
Branford Town Hall has information on how residents
can help protect our wetlands and watercourses.
Together we can, as stated in the Connecticut
General Statutes, “provide for the safety of such
natural resources for their benefit, and for the
benefit of generations yet unborn.”
Definitions
