2.1 The words used in these Regulations shall have the meaning commonly attributed to them. Doubts as to their precise meaning shall be determined by the Commission in accordance with the purpose and intent of these Regulations. All words used in the present tense include the future tense, ant the word "used" shall be deemed to include "designed, intended, or arranged to be used".

2.2 As used in these regulations:

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

b. AGENCY : means the Shelton Inland Wetlands Commission.

c. AQUIC : refers to a type of soil moisture regime that is characterized by depletion of dissolved oxygen resulting from a saturated condition.

d. BOG : means a poorly drained area containing an accumulation of organic material or peat and characterized by an association of plants recognized as bog species. These areas contain evergreen trees and specific shrubs, poor drainage and highly acidic conditions. Examples of bog species arc listed in the booklet entitled Inland Wetland Plants of Connecticut, (May 1973), W. A. Niering and R. H. Goodwin, The Connecticut Arboretum, Connecticut College, New London, CT.

e. CLEAR-CUTTING : means the harvest of most timber in excess of a 2" diameter breast height or vegetation in a fashion which significantly changes the natural or indigenous character of the regulated area.

f. COMMISSION : means the Shelton Inland Wetlands Commission.

g. COMMISSION MEMBER : means a member of the Shelton Inland Wetlands Commission.

h. COMMISSIONER OF ENVIRONMENTAL PROTECTION : means the Commissioner of the State of Connecticut Department of Environmental Protection.

i. DEPOSIT : includes, but shall not be limited to fill, grade, dump, place, discharge, or emit.

j. DESIGNATED AGENT7 : means an individual designated by the Agency to carry out its functions and purposes.

k. DISCHARGE : means emission of any water, substance, or material into wetlands or watercourses whether or not such substance causes pollution.

l. 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.

m. FANNING : means use of land for the growing of crops, raising of livestock or other agricultural uses.

n. LICENSE : means the whole or any part of any permit, certificate of 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 Act (PA 155, 1972) as amended.

o. MARSHES : are areas with soils that exhibit aquic moisture regimes that are distinguished by the absence of trees and shrubs and arc dominated by 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 inches or more in depth are common. Typical examples of marsh species are listed in the booklet entitles Inland Wetland Plants of Connecticut, (May 1973) W. A. Niering and R. H. Goodwin, The Connecticut Arboretum, Connecticut College, New London, CT.

p. MATERIAL : means any substances, solid or liquid, organic or inorganic, including, but not limited to: aggregate, land, gravel, clay, bog, peat, mud, debris, soil, sediment, stump, refuse, or waste.

q. MUNICIPALITY : means the City of Shelton, Fairfield County Connecticut.

r. NURSERIES : means land used for propagating trees, shrubs or other plants for transplanting, sale, or for use as stock for grafting.

s. 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 Act (PA 155, 1972) as amended.

t. PERMITTEE : means the person to whom such permit has been issued.

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

v. POLLUTION : means harmful thermal effect or the contamination or rendering unclean or impure of and waters of the City of Shelton 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.

w. PUBLIC WATER SUPPLY WATERSHED : refers to the land area which drains surface water into a body of water which may be used for public water supplies. Those areas delineated in the DEP Bulletin No. 4 Atlas of the Public Water Supply Source and Drainage Basins June 1982.

x. REGULATED ACTIVITY : means any operation within, affecting 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. Additionally, the activities our lined in Appendix A, 1 through 4, shall be regulated activities when occurring within the distances specified for each activity. Exceptions are specified in Section 4 of these Regulations.

y. REGULATED AREA : means any existing or future inland wetlands watercourses not all of which may be specifically delineated on the map entitled "Inland Wetlands and Watercourses of the City of Shelton". Due to imperfections in printing and map scale this wording acknowledges the technical problems encountered in the blue print reproduction process as well as the impracticability of depicting minute detail on a map with a scale of 1" = 400". The reference to existing and future watercourses acknowledges that the fact that a watercourses can be used and is created every time a stream is diverted or when a storm water detention basin is constructed, A storm sewer diversion beneath a road would exist as a watercourse but would be impossible to depict graphically on the wetland maps due to scale.

z. REMOVE : includes, but shall not be limited to, drain, excavate, mine, dig, dredge, suck, grub, clear-cutting, bulldoze, dragline, or blast.

aa. RENDERING UNCLEAN OR IMPURE : means any alteration of the physical, chemical, or biological properties of waters of the city, including, but not limited to, change in odor, color, turbidity, taste, or excessive salt.

bb. SIGNIFICANT ACTIVITY : means any activity, including, but not limited to, the following activities which may have a major effect or significant impact on the area for which an application has been filed or on another part of the inland wetlands or watercourse system:

1. Any activity involving a deposition or removal of material which will or may have a major effect or significant impact on the regulated area or on another part of the inland wetlands or watercourse system, or

2. Any activity which substantially changes the natural channel or may inhibit the natural dynamics of a watercourse, or

3. Any activity which substantially diminishes the natural capacity of an Wand 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 diminution of flow of natural watercourse, or ground water levels of the regulated are, or

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

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

7. Any activity which destroys unique wetland or watercourse area having demonstrable scientific or educational value.

cc. SOIL SCIENTIST : means an individual duly qualified in accordance with standards set by the Office of Personnel Management (formerly the U.S. Civil Service Commission ).

dd. SWAMPS : are areas with water table at or near the surface of the ground throughout most of the year and containing vegetation dominated by association of trees and/or shrubs recognized as swamp species. Typical examples of swamp species are fisted in the booklet entitled Inland Wetland Plants of Connecticut, (May 1973), W.A. Niering and R.H. Goodwin, the Connecticut Arboretum, Connecticut College, New London, CT.

ff. CITY : means the City of Shelton, Fairfield County in the state of Connecticut,

gg. WASTE : means sewage or any substance, liquid, gaseous, solid or radioactive, which may pollute or tend to pollute any of the waters of the City.

hh. 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 within, flow through or border upon the City or any portion thereof not regulated pursuant to Sec 22a-28 through 22a-35 of the General Statutes, as amended.

ii. WETLANDS : means land, including submerged land as defined in section 2.2ee of these regulations, not regulated pursuant to Section 22a-28 through 22a-35, inclusive, of the Connecticut General Statutes, which consist of any of the soil types designated as poorly drained, very poorly drained, alluvial and flood plain by the National Cooperative Soil 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 soil moisture regime as defined by the USDA Cooperative Soil Survey.