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DOCK REGULATIONS FOR BANTAM LAKE
The Town of Morris recently updated its regulations concerning
inland wetlands to include regulations pertaining to docks on Bantam
lake. These regulations were approved and effective as of September
28, 2007.
Please note: all new docks will require a permit
The following is a reprint of Section 4 of these regulations.
Many of the issues regarding docks on Bantam Lake are addressed
in this section. The
complete Town of Morris Conservation Commission Regulations pertaining
to inland wetlands and watercourses can
also be printed or downloaded as a .pdf file.
Section 4
4.1 The following
operations and uses shall be permitted in inland wetlands and
wtercourses, as of right:
a . grazing,
farming, nurseries, gardening and harvesting of crops and farm
ponds of three acres or less essential to the farming operation
and activities conducted by, or under the authority of, the
Department of Environmental Protection for the purposes of
wetland or watercourse restoration or enhancement or mosquito
control. The provisions of this subdivision shall not be construed
to include road construction or the erection of buildings not
directly related to the farming operation, relocation of watercourses
with continual flow, filling or reclamation of wetlands or
watercourses with continual flow, clear cutting of timber except
for the expansion of agricultural crop land, or the mining
of top soil, peat, sand, gravel or similar material from wetlands
or watercourses for the purposes of sale;
b.
a residential home (i) for which a building permit has
been issued or (ii) on a subdivision lot, provided the permit has
been issued or the subdivision has been approved by a municipal
planning, zoning or planning and zoning commission as of the effective
date of promulgation of the municipal regulations pursuant to subsection
(b) of section 22a‑42a, or as of July 1, 1974, whichever
is earlier, and further provided no residential home shall be permitted
as of right pursuant to this subdivision unless the permit was
obtained on or before July 1, 1987;
.
- Boat anchorage or mooring,
not to include dredging or dock construction;
- Docks, boat lifts, rowing shell docks and floats,
and the placement, repair maintenance and use of a dock,
boat lift, rowing shell dock, or float shall require seasonal
approval (4.4 review) of the agency on a dock application
form with no fee, but shall be permitted as of right provided
all of the following criteria are met:
1. The dock was in use June 16, 2004 and
has not changed its footprint; documentation of such use
and footprint will be required;
2. Only one dock, one boat lift and either
one rowing shell dock or one float is
permitted per shoreline property;
3. Use
shall be private, associated with residential use and non-commercial; and
use limited to the boat(s) of the property owner;
4. Docks must be removed, on a seasonal
basis (before ice), having no permanent contact with the
submerged land and require no excavation of the submerged
land;
5. There shall be free movement of water
underneath docks;
6. Docks shall be no more than
eight (8) feet in width at their junctures
with the existing shoreline. This eight (8) –foot maximum
width must not be exceeded within five (5) feet of the shoreline,
and the dock alignment must be perpendicular to the shore,
and remain so for at least five (5) feet from the shoreline;
7. Docks shall conform to the
zoning setbacks from the property line on shore
and as extended into the water;
8. The maximum sizes allowed are
as follows:
Dock: 360 square feet of total surface area, including
access ramp;
Boat lift: 12 feet by 20 feet;
Rowing shell dock: 4 feet by 25 feet;
Float: 10 feet by 10 feet
9. The dock and rowing shell shall
be fastened to the shoreline in a manner to
minimize any disturbance to the existing shoreline;
10. There shall be no re-grading, re-contouring,
or similar modification of the
existing shoreline and surrounding land. The installation,
placement, construction
or maintenance of docks shall not include the obstruction,
alteration, pollution, removal or disposition of material from
or into wetlands or watercourses nor shall such activities
create a significant
activity;
11. Stairs proposed to access the dock
shall be no more than five (5) feet in width
and shall be elevated directly above the land in a manner
that does
not require re-grading, re-contouring, or similar modification
of the existing shoreline and surrounding land. Masonry,
stone stairs, and any
other construction methods that require cutting into the
shoreline and
surrounding land must have prior approval of the agency;
- Material for floatation
of docks shall be as follows: only non- corrosive,
encapsulated, impact resistant buoyancy material that is resistant
to fragmentation. Metal or plastic containers that have previously
been used for any other purpose are not permitted. Rust retardant
hardware shall be used;
13. Height
above water of docks shall be minimized. They may not
include appurtances such as roofs, raised platforms and decks.
Removable fabric canopies or Removable
fabric canopies or umbrellas and removable water slides are
allowed;
14. Any
device used to keep the water from naturally freezing requires prior
approval of the agency.
Any proposal not meeting the above shall require
a wetlands application to the agency prior to construction
and/or placement in any water body.
e. Uses incidental
to the enjoyment and maintenance of residential property, such property
defined as equal to or smaller than the largest minimum residential
lot size permitted
anywhere in the municipality provided that in any town where
there are
no zoning regulations establishing minimum residential lot
sites, the largest minimum
lot site shall be two acres. Such incidental uses shall include
maintenance of
existing structures and landscaping but shall not include removal
or deposition of significant
amounts of material from or into a wetland or watercourse or
diversion or
alteration of a watercourse.
f. Construction
and operation, by water companies as defined by section 16‑1
of the Connecticut General Statutes or by municipal water supply
systems as provided for in Chapter 102, of the Connecticut
General Statutes, of dams, reservoirs and other facilities
necessary to the impounding, storage and withdrawal of water
in connection with public water supplies except as provided
in sections 22a‑401 and 22a-403 of the Connecticut General
Statutes; and
g. Maintenance
relating to any drainage pipe which existed before the effective
date of any municipal regulations adopted pursuant to section
22a-42a of the Connecticut General Statutes or July 1, 1974,
which ever is earlier, provided such pipe is on property which
is zoned as residential but which does not contain hydrophytic
vegetation. For purposes of this subdivision, “maintenance” means
the removal of accumulated leaves, soil, and other debris whether
by hand or machine, while the pipe remains in place.
4.2 The following
operations and uses shall be permitted as non-regulated uses
in wetlands and watercourses, provided they do not disturb
the natural and indigenous character of the wetland or watercourse
by removal or deposition of material, alteration or obstruction
of water flow or pollution of the wetland or watercourse:
a. Conservation of
soil, vegetation, water, fish, shellfish, and wildlife and;
b. Outdoor
recreation including play and sporting areas, golf courses,
field trials, nature study, hiking, horseback riding, swimming,
skin diving, camping, boating, water skiing, trapping, hunting,
fishing and shell fishing where otherwise legally permitted
and regulated.
4.3 All activities
in wetlands or watercourses involving filling, excavating,
dredging, clear cutting, clearing, or grading or any other
alteration or use of a wetland or watercourse not specifically
permitted by this section and otherwise defined as a regulated
activity by these regulations shall require a permit from
the Agency in accordance with section 6 of these regulations,
or for certain regulated activities located outside of wetlands
and watercourses from the duly authorized agent in accordance
with section 12 of these regulations.
4.4 To carry out
the purposes of this section, any person proposing a permitted
operation and use or a non-regulated operation or use shall,
prior to commencement of such operation or use, notify the
Agency on a wetlands application form provided by the Morris
Town Clerk, and provide the Agency with sufficient information
to enable it to properly determine that the proposed operation
and use is a permitted or non-regulated use of the wetland
or watercourse. The Agency shall rule that the proposed
operation and use or portion of it is a permitted or a non-regulated
operation and use or that the proposed operation and use is
a regulated activity and a permit is required.
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