1. Why does Connecticut protect wetlands and watercourses?
In 1972, the Connecticut General Statues were revised to include the Inland Wetlands and Watercourses Act. This statute acknowledges the benefits wetlands and watercourses bring to society and the natural world, and requires local protection of these resources. Wetlands and watercourses form an interrelated system which serves human needs by detaining storm water, reducing potential flood damage, and cleansing surface water of sediments and pollutants before it enters the groundwater that supplies our wells and reservoirs. Wetlands help maintain the base flow of watercourses, provide a water supply for wildlife, and furnish breeding and nesting sites for various species, many of which breed or nest only in wetlands.
2. What is a wetland?
For most people, the perception of a wetland is limited to swamps and marshes. In fact, surface-dry woodlands, meadows, and even lawns can be identified as wetlands. In Connecticut, wetlands are identified by the features of the first 18 to 24 inches of soil. A wetland is caused by groundwater coming to or near the ground surface or is caused by a restrictive layer of clay or ledge blocking water from percolating downward. Soils that are identified as poorly drained, very poorly drained, alluvial or floodplain are wetland soils.
3. What constitutes a watercourse? If a stream dries up periodically, is it still a regulated watercourse?
Yes, streams which flow year round or only for portions of the year are subject to regulation. Specifically, watercourses are defined as rivers, streams, brooks waterways, lakes, ponds, marshes, swamps, bogs, and other bodies of water. A watercourse has to have permanent channel and banks, evidence of alluvial deposits, and/or hydrophytic (water-loving) plants. Flow must also be present longer than a particular storm event.
Watercourses can be man-made or naturally occurring, and they can be perennial or intermittent, even if the intermittent flow is short in duration. Vernal pools, which can be described as big, springtime puddles, often in woods, also qualify as watercourses.
4. How do I know if I have wetlands on my property?
Wetland boundaries are determined by a soil scientist on your property. The soil scientist hangs surveying tape or "flags" along the boundary of the wetland or watercourse. A surveyor then documents the location of the flags on a property survey. The agency maintains a list of soil scientists.pdf for convenience. This list is not a recommendation and is not all-inclusive.
The Inland Wetlands Department has issued thousands of permits and if your property ever received a permit, a copy of the permit is likely on file and can be found on the Town Clerk's records. This is a good starting point to find any other records including wetland maps, soil scientists report, etc. It is also prudent to research the properties next to yours as regulated areas ("buffers") of a wetland or watercourse on an adjacent property may extend onto your land.
5. What role does the New Canaan Inland Wetlands Department play in implementing the statute?
The state requires municipal regulation of activities affection wetlands and watercourses. The Town of New Canaan Inland Wetlands enacted regulations.pdf pursuant to the state mandate and updates the regulations from time to time.
The Commission has seven regular members and three alternates. The members are residents of town and volunteers. Typically Commission members have interest or hold degrees in the areas of architecture, engineering, law, and natural resources management. Members have access to CT Department of Energy and Environmental Protection training modules for additional education. The professional Staff provides technical guidance and offers constructive problem-solving.
6. I want to tend my wetlands and watercourses responsibly. What should I be doing?
Protecting your wetland and/or watercourse is the first best approach to tending to it responsibly. Keep the use of fertilizers and pesticides to a minimum on the land that drains towards them. Pick up pet waste and discourage geese; both of these are sources of bacteria and nitrogen. Creating or maintaining a good buffer of meadow grasses, shrubs, and the like between your lawn and the resource will help filter out pollutants.
If you wish to manage the vegetation, cutting non-native invasive vines, such as bittersweet, is good for the trees. Selectively removing other non-native invasive plants and replacing or supplementing the wetland and buffer with native plants is also good stewardship. Be certain to check in with the staff before vegetation is removed to be sure you don't need a permit first. There is an abundance of information online and Staff are also here to help you devise a good management plan.
7. I'm in the early planning phase of a project. Can someone give me guidance?
Yes! Technical staff members are available by phone (203) 594-3036, email kathleen.holland@newcanaanct.gov or by appointment weekdays. Please contact us and we can talk about your prospective project, look up files to see what information already exists, and help identify challenges and opportunities. The department staff want to be a resource for you to help navigate the wetland and watercourse regulations. Field appointments can also be arranged.
8. I want to buy a home which may have wetlands. What does that mean?
In order for new home buyers to more fully understand the key components of their property it is recommended that you contact Staff to learn more. By knowing about the presence of wetlands and watercourses and the existence of previously issued permits, the Department hopes buyers will form reasonable expectations about the potential uses of the property and avoid violations due to a lack of information.
9. What is a "Regulated Activity"?
A Regulated Activity is any operation within or use of a wetland or watercourse which alters, pollutes, or otherwise impacts the resource. This includes:
- Construction
- Deposition of material (soil, plants, yard debris, etc.)
- Discharge of polluted stormwater
- Otherise altering the wetland, watercourse, and/or their adjacent
upland review area
- Placing structures
- Removal of material (excavation and clearing of vegetation)
The Wetland Agent is responsible for making the determination regarding a "regulated activity".
10. Why is there an "upland review area" next to wetlands and watercourses?
As the science of wetland and watercourse protection evolved, so did the knowledge that activities adjacent to these resources could negatively impact them. The language in the state statues and the town's regulations addresses this potential and provides the Department with the authority to regulate any activity that may impact a wetland or watercourse. Technically, regardless of where an activity is relative to a wetland or watercourse, if the activity may impact the resource, it will be regulated.
In New Canaan, regulations set the Upland Review Area at 50 feet from wetlands and watercourses, unless those resources occur within the public drinking water supply watershed, then the buffer is 100 feet. While protecting the 50' and 100' buffer to wetland and watercourses is desirable, it is not always possible and sometimes not needed depending on the resource's value and the nature of the proposed work.
11. What can be done with seasonally wet areas on my property?
Some seasonally wet portions of residential properties are indeed wetlands; despite the fact they are maintained as lawn or are only wet for a part of the year. As previously explained, wetlands are determined based on soil characteristics. What appears above ground defines the functional significance of a wetland, not the presence or absence of wetlands.
It is best if these areas are naturally vegetated. This does not necessarily mean the area has to be ugly or unkempt. The Commission has approved many applications to transform an aesthetically displeasing spot into an attractive, naturally landscaped area. The use of native shrubs, trees, and herbaceous plants, e.g., grasses, flowers, can be very appealing, easier to care for, and environmentally friendly.
Plans to fill or drain wetlands are inconsistent with the intent of the regulations and are rarely approved. The staff are available to meet with you on-site to discuss options for improvement, or a wetland scientist, landscape architect, landscape designer, or other professional can be hired to devise a plan for review.