In CT, wetlands are defined by soil type, which is different from Federal Wetlands, which are designated by the vegetation present. Over time, soils react and change due to the prolonged presence of water. The soil type actually changes to one that is classified as poorly drained or very poorly drained, and these soil types are what they consider wetland soils, and if present within 18″ of the surface, it will be considered wetlands as per the CT Inland Wetlands Statute. Additionally, floodplain soils are also considered wetland soils in CT. A Wetland Soil Scientist is the expert required to define the wetlands on your property. They do this by taking soil samples with an auger to determine the soil types. This is a fairly exact science, where two competent Soil Scientist will determine essentially the same wetland boundaries.
Wetlands and watercourses are regulated by the Inland Wetland Commission in each Town. Their job is to minimize the impacts to the wetlands and watercourses from any development activities. Most communities have an “Upland Review Area” (URA), which is sometimes incorrectly referred to a a “buffer”. A buffer is an exclusion zone, whereas an URA is a area where most land-disturbing activities need to be reviewed before the activity commences.
One common question is, “what is the agriculture exemption”? Simply put, activities carried out that are essential to the farming operation are largely exempt from the wetland statute. You still can not fill or remove material from a wetland, but most common activities are permitted. HOWEVER, the activity has to be determined to be essential to the farming operation by the Wetlands Commission or its agent FIRST, before you do the activity. This is generally a free and simple process. Once you have a good working relationship with the official, this may be relaxed to some extent, but that relationship must be forged first. Doing the work without this determination is a violation!
We know the wetland law thoroughly and can help you through the process or answer any questions that you may have, give us a call!
Pitcher Plant in a very rare White Cedar Bog