§ 2. Definitions.

2.1 As used in these regulations:

Act means the Inland Wetlands and Watercourses Act, Section 22a-36 through 22a-45 of the General Statutes, as amended.

Agency means the inland wetlands and watercourses agency of the conservation commission of the City of Bristol, Connecticut.

Clear cutting means the harvest of timber products in a fashion which removes all species of trees down to a two-foot diameter at breast height.

Commission member means a member of the Conservation Commission, Inland Wetlands and Watercourses Agency of the City of Bristol, Connecticut.

Commissioner of environmental protection means the commissioner of the State of Connecticut Department of Environmental Protection.

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 wetlands or watercourses 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 the wetland or watercourse.

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 and watercourses agency.

Permittee means the person to whom such permit has been issued.

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.

Municipality or city, means the City of Bristol, Connecticut.

Nurseries means land used for propagating trees, shrubs or other plants for transporting, sale, or for use as stock for grafting.

Person means any person, firm, partnership, association, corporation, company, organization or legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof.

Pollution means the harmful thermal effect or the contamination or the rendering unclean or impure of any waters within the city caused by, but not limited to, erosion or any waste or other materials discharged or deposited therein by any public or private sewer or otherwise so as to directly or indirectly come into contact with any waters.

Regulated activity (i) 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, (ii) and any earth moving, filling, construction, clearcutting of trees or installation of septic systems within one hundred (100) feet of wetlands or watercourses. Since the environmental impact of proposed activity may, in some instances, come from outside the physical boundaries of a wetland or watercourse, the intent of (ii) is to regulate these adjacent areas and thereby implement the statutory authority necessary to effectuate the legislative purpose set forth in the Connecticut General Statues Section 22a-36 and regulation 1.3; (iii) means the construction of or alteration of ponds; (iv) means any construction to alter or create a wetland; (v) but shall not include the specified activities in section 4 of these regulations.

Regulated area means (i) any inland wetland or watercourse as defined in these regulations and (ii) any area within one hundred (100) feet of a wetland or watercourse.

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 waters within the city, including, but not limited to, change in odor, color, turbidity or taste.

Significant activity means any activity, including, but not limited to, the following activities which may have a major effect or substantial impact on the area for which an application has been filed or on another part of an inland wetland or watercourse system:

(1)

Any activity involving deposition or removal of material which will or may have a substantial effect or significant impact on the regulated area or on another part of the inland wetland or watercourse system; or

(2)

Any activity which substantially changes the natural channel or may inhibit the natural dynamics of a watercourse system; or

(3)

Any activity which substantially diminishes the natural capacity of an inland wetland or watercourse to support desirable fisheries, wildlife, or other biological life, prevent flooding, supply water, assimilate waste, facilitate drainage, provide recreation or open space or other functions; or

(4)

Any activity which causes substantial turbidity, siltation or sedimentation in a wetland or watercourse; or

(5)

Any activity which causes a substantial diminution of flow of a natural watercourse, or groundwater levels of the regulated area; or

(6)

Any activity which causes or has the potential to cause pollution of groundwater, a wetland or watercourse; or

(7)

Any activity which creates conditions which may adversely affect the health, welfare and safety of any individual or the community; or

(8)

Any activity which destroys a wetland or watercourse.

Soil scientist means an individual duly qualified in accordance with standards set by the U.S. Office of Personnel Management.

Submerged lands means those lands which are inundated by water on a seasonal or more frequent basis.

Waste means sewage or any natural or man-made substance, liquid, gaseous, solid or radioactive, hazardous waste, or toxic waste which may pollute or tend to pollute any of the waters of the city.

1)

Hazardous waste includes material which may pose a present or potential hazard to human health or the environment including without limitation hazardous waste identified and listed in the Code of Federal Regulations Part 261.30 through .33, as amended or as superseded by subsequent regulation, or which meet the criteria outlined in Part 261.20 through .24 of said code.

(2)

Toxic waste includes substances shown in scientific studies to have toxic, carcinogenic, mutagenic or teratogenic effects on humans and other life forms.

Watercourse means 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, flow through or border upon the city or any portion thereof not regulated pursuant to Sections 22a-28 through 22a-35 of the General Statues, as amended.

(1)

Bogs are usually distinguished by evergreen trees and shrubs underlain by peat deposits, poor drainage, and highly acidic conditions.

(2)

Marshes are distinguished by the absence of trees and shrubs and the dominance of soft-stemmed herbaceous plants. The water table in marshes is at or above the surface throughout the year, but seasonal fluctuations are encountered and areas of open water six (6) inches or more in depth are common.

(3)

Swamps are dominated by wetland trees and shrubs. Red maple is the most characteristic tree of the wooded swamps, with black gum and black ash as frequent associates. A conspicuous shrubby understory of highbush blueberry, spicebush, sweet pepperbush, clammy azalea and other wetland shrubs may be present and a rich diversity of wildflowers such as marsh-marigold, skunk-cabbage, jewelweed, violets, and cardinal flower may also be present. Shrub swamps represent another swamp type, where alders, willows, buttonbush and other shrubs can form relatively pure or mixed stands. Occasionally trees may be associated with a shrub swamp. However, a high water table often favors certain shrubs, such as buttonbush, over trees. In swamps the underlying deposits are often relatively shallow and usually highly organic. Swamps may develop through the gradual invasion of marshes by woody species or directly, as in poorly drained depressions.

Wetlands means land, including submerged land as previously defined, 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 Soil Conservation Service of the U.S. Department of Agriculture (USDA). Such areas may include filled, graded or excavated sites which possess an aquic (saturated) soil moisture regime as defined by the USDA Cooperative Soil Survey.