Sample Wetlands Permit Conditions

Sample Wetlands Permit Conditions for Connecticut Wetlands Commissions

Purpose and Use

In my experience, permit conditions are often written during meetings under some pressure, with interruptions, fatigue, and limited time to think through the details. It can be useful to have a list of permit condition examples to review before a meeting, or maybe even during a meeting. Drafting tight, enforceable, legally defensible, and easy to understand permit conditions can be a key part of the review and approval process.

The conditions I collected below are not all original to me. The first list are the standard conditions used by the Town of Andover (where I was the Wetlands Agent), while others were gathered over time from public sources and compiled into one document for reference.

I originally collected these as a practical resource for myself and for the commissioners I worked with. Some address common problems, while others are more situational and may never apply to a project in your town. You might not want to copy conditions directly, but it’s a good practice to review examples and adapt language that fits the activity, the site, and the regulatory framework.

Sometimes, reviewing lists like these can make you think about missing aspects of a particular permit application—maybe the application and materials need a revision instead of just a special permit condition. Also, it’s my thought that if you’re reviewing a project and have a big list of special conditions to tack onto the approval, then the application might not be a good one, and probably could use some revisions. A lot of special permit conditions can be added to an application to become part of the permit—after all, a distracted contractor working outside in the hot summer sun clearing and grading land probably isn’t going to carefully read all the fine print on the margins of the site plan.

These Standard Conditions Are Included with Every Permit in the Town of Andover:

The Inland Wetlands Commission’s Agent is to be notified 48 hours before the commencement and completion of any part of the activity.

The granting of this permit does not relieve the applicant from obtaining additional permits and/or approvals required by other agencies federal, state, and local.

If an approval or permit is granted by another agency and contains conditions affecting wetlands and/or watercourses and the area one hundred feet from their flagged boundaries and/or two hundred feet from any area identified in Section 1.6 of the Town of Andover’s Inland Wetlands and Watercourses Regulation as an “Area of Special Concern,” the applicant must resubmit the application for further consideration by the Inland Wetlands and Watercourses Commission for a decision before work on the activity is to take place.

Any permit issued under this section for the development of property for which an approval is required under chapter 124, 124b, 126 or 126a shall be valid until the approval granted under such chapter expires or for ten years, whichever is earlier. Any permit issued under this section for any activity for which an approval is not required under chapter 124, 124b, 126 or 126a shall be valid for not less than two years and not more than five years. Any such permit shall be renewed upon request of the permit holder unless the agency finds that there has been a substantial change in circumstances which requires a new permit application or an enforcement action has been undertaken with regard to the regulated activity for which the permit was issued, provided no permit may be valid for more than ten years.

No applicant shall assign or transfer this permit, or any part thereof, without providing written notice of such transfer to the commission or its agent.

This approval is for the activity within the regulated area surrounding a wetland or watercourse as indicated on the following map submitted with the application: MAP DATE: _____________ REVISION: _______

Any person installing or placing soil erosion materials such as silt fences and hay bales shall employ the best management practices, consistent with the terms and conditions of this permit, to control storm water discharges and to prevent erosion and sedimentation to otherwise prevent pollution, impairment, or destruction of wetlands or watercourses. Erosion controls are to be inspected by the permittee weekly and after rains and all deficiencies must be remediated within twenty-four hours of finding them.

If any information provided by the applicant in the permit approval process is subsequently proved to be false, incomplete, or misleading, this permit may be modified, suspended, or revoked and the permittee may be subject to any remedies or penalties provided by law.

These Standard Conditions, along with any special conditions contained in the approval motion, shall be reproduced in full on the final plans, which final plans shall be endorsed by the commission or its agent prior to the commencement of any regulated activity.

Any bonds required by the permit approval shall be in cash and held by the commission until all regulated activities are completed and the site is stabilized. Bond funds may be used for the repair, replacement, or supplement erosion and sedimentation control measures; site stabilization or restoration; correction of work that is not in accordance with the approved permit and its supporting plans and documents; or any other purpose to protect inland wetland and watercourses that may be adversely impacted by regulated activities on the permit premises.

Typical Conditions for Many Permits

These are the kinds of conditions that often appear in routine approvals. They address general construction practices, erosion control, soil and brush stockpiles, and basic site management. Some towns include similar language in nearly every permit, while others apply them only when needed.

I have experienced multiple instances where the project was approved, and the land was cleared prior to marking the limits of clearing. One residential property was cleared, then the contractor just tied “clearing limit” flags to trees at the edge of where he cleared—which was well past the limits of clearing marked on the approved site plan.

Typical for all permits

Filter fabric silt fence 30″ high with 6″ toe-in backfilled on both sides to be inspected prior to construction.

Pick up of construction trash and debris from the property daily with removal once per week.

All construction debris shall be removed from site, not dumped in the wetland or other area on site.

No equipment, materials, or machinery shall be stored, cleaned, or repaired within 75 feet of any wetland or watercourse.

The silt fence shall be removed after the soil is stabilized with vegetation.

Clearing limits shall be flagged by a surveyor prior to any disturbance.

Clearing limits shall be clearly marked and inspected by the Wetlands Agent prior to any disturbance.

Conditions Often Used for Larger Projects

Larger commercial, industrial, or subdivision projects often justify more detailed permit language. These conditions tend to focus on construction sequencing, engineered systems, inspections, certifications, and long-term maintenance responsibilities.

When considering these conditions, it’s also important to think about how these inspections or tasks are documented. For instance, if you decide that the catch basin filters require weekly inspection, it’s probably a good idea to discuss how these inspections are tracked and who is responsible for the inspections. Tasks like this are often forgotten or overlooked on bigger projects with multiple contractors.

Typical additional conditions for larger projects (commercial, industrial, subdivisions)

Wetland Permit conditions shall be printed on the engineered drawings including the set used on site by contractors.

A clearing limit certification letter from the engineer shall be submitted for the file with an onsite inspection by the Town Engineer or Wetland Agent prior to any clearing taking place.

Catch basins within 100 feet of the construction entrance shall be wrapped with filter fabric and maintained weekly.

Anti-tracking pad to the construction site shall be maintained.

Only native plants are to be planted in disturbed areas, unless otherwise approved by the Wetlands Agent.

Composite decking material shall be used as much as possible in place of pressure treated lumber to reduce the leaching of copper and chromium. Where pressure treated lumber is used, two coats of exterior grade varnish shall be used prior to installation.

Culverts, roads, and hydrology must be designed in accordance with Town standards and be approved by the Town Engineer.

A certification letter from the civil engineer shall be received stating that any detention basin or stormwater system and drainage have been built according to the approved plans prior to a C/O being issued.

Catch basins and any detention basin on site shall be cleaned when construction is complete with proper disposal off site before a C/O is issued or bond released.

Temporary soil stockpiles shall be seeded, covered or watered to prevent wind erosion and surrounded by a staked filter fabric fence.

On slopes of 15% or greater, an erosion control blanket shall be used to help stabilization.

A cash bond for erosion & sedimentation controls and project end cleaning with the amount based on the size of the project.

An independent contractor shall be hired to conduct erosion and sedimentation control inspections weekly and following a rain event of 1″ or greater within 24 hours to include catch basin fabric, silt fence condition, sweeping, watering, and anti-tracking pad condition. A written report shall be sent to the Wetlands Agent (copy of a sample report can be provided if needed) and logs kept on site and open for inspection on request.

Other Special Conditions, Where Applicable

Activity in floodplain area limited to 2 days to 1 week depending on size of activity.

Construction equipment shall not work within a watercourse more than five days and not within 48 hours of a rain or snow event greater than 1″ within a 24-hour period.

Every twelve months following the initial cleaning of the catch basins and the detention basin, an inspection should be done to determine the necessity of maintenance. A letter stating inspection and/or cleaning maintenance with proper disposal off site shall be provided each year to the Wetlands Agent for the file.

Conservation of as many mature trees as possible in the areas around the detention basins and silt fence line to maintain upland habitat and maintain stability shall be agreed in the field during inspection. Any trees lost due to grading shall be replaced with trees and shrubs of the same species at a ratio of 2:1 in the regulated area.

Each spring following the issuance of the Certificate of Occupancy, the paved areas shall be swept and a letter stating the date the sweeping was done shall be submitted to the Wetlands Agent for the file.

Six months after the construction is complete, a water quality test shall be conducted at the outlet of the pipe at the bioswale using the standard stormwater quality testing method. The same testing shall be done every twelve months after that to monitor the effectiveness of the site’s stormwater quality design. Habitat related conditions, where applicable.

The permittee ________, will submit a cash performance bond escrow account, or certified check to the Wetlands Agent prior to the commencement of clearing or construction activities to insure compliance with the conditions of this permit. Specific details of the bonding/escrow procedure can be obtained from the Wetlands Agent.

The bond shall be held for _____ to ensure compliance with the conditions of this permit.

Steps taken to control sedimentation, erosion and downstream siltation shall include but need not be limited to:

The installation of a temporary erosion control fence or other suitable erosion control measure as indicated on the permit map or as required by Wetlands Agent. This erosion control measure will be installed prior to the start of construction activities. Its location will be reviewed and approved in the field by the Wetlands Agent.

The limitation of all construction activities to a landscape envelope reviewed and approved by the Wetlands Agent.

The placement of additional erosion controls as reviewed and approved by the Wetlands Agent prior to commencement of_____________________.

The installation of one or more temporary baled hay, log, or rock check dams immediately downstream of the construction area. Placement of the dam will be subject to review and approval of the Wetlands Agent in the field. All sediment collected on the upstream side of the dam shall be removed periodically to ensure efficient siltation control. All collected sediment will be removed prior to the dismantling of the structures.

Provisions of the Natural Resources Conservation Service erosion and sediment control plan will be implemented where required by the Wetlands Agent.

Conditions for Habitat and Species Protection

Conditions related to wildlife and habitat require additional care, since CT wetlands law dictates that certain areas are regulated according to physical impacts only, not impacts to specific plant and animal life. If species or habitat concerns are present, the condition should be tied to actual site information and, where appropriate, input from relevant agencies or experts. It may be possible to address some of these concerns by modifying the site plan—for instance, moving areas of disturbance or soil stockpiles, or maybe designing a “buffer area” into the project.

Conditions that can be used to protect/monitor animal species:

The Eastern Box Turtle, Terrapene c. carolina, which is a state-listed species of special concern in Connecticut, may live on this property. All efforts must be made to protect the current animals, food sources, and nesting sites. The Box Turtle is very habitat specific. Box Turtles need a sunny clearing with many small fruiting plants, few grasses, and no trees. Construction workers need to be aware that these animals may be on the property and should not be disturbed. They burrow into loose soil under mature trees in wetlands in October or November going deeper as the temperature drops. Loud noise (i.e. machinery) will negatively affect their ability to breed. Females usually lay their eggs between the middle of May through the middle of July.

During construction a daily sweep for Box Turtles shall be conducted along the silt fence before work is started in the morning. If an animal is found or observed digging a nest, the wetland agent should be called to come to the site.

Box Turtle: A box turtle photograph and instructions on the procedure for rescue shall be posted at the project toilets and at employee entrances during construction. An educational session shall be conducted by the Wetlands Agent or the CT DEEP for employees working at the facility on what to do if a turtle is seen with a protocol established for the site.

The Eastern Hognose Snake, Heterodon platirhinos, which is a state-listed species of special concern in Connecticut, may live on this property. All efforts must be made to protect the current animals, food sources, and habitat. The Eastern Hognose Snake is habitat specific. They are usually gray with lighter color oval marks equally spaced on their back and have an almost white underside. Their preferred habitats are sandy areas with well drained gravelly soils. They are most active in the spring, mate in April or May, and give birth in July or August. If an animal is found, the wetland agent should be called to come to the site.

The Horned Lark, Eremophila alpestris, and Upland Sandpiper, Bartramia longicauda, are state-listed endangered species and may live or feed on this property. All efforts must be made to protect current birds, food sources, and habitat. They nest in open, grassy areas. The breeding season for the Upland Sandpiper is from May through August and the Horned Lark breeds from March to the middle of August; this is when they are most susceptible to disturbance. Minimizing impact to open fields, meadows, marshes, and other grassy areas during this time will likely minimize impact to these species. Construction in those areas should be done during the non-breeding season to decrease the potential destruction of nests, eggs, and young.

The Red Bat, Lasiurus borealis, which is a state-listed species of special concern in Connecticut, may live on this property. All efforts must be made to protect the current animals, food sources, and habitat. The Red Bat, a “tree-roosting” bat, is fairly habitat specific. They roost in the foliage of deciduous and coniferous trees, camouflaged as dead leaves or cones. They are usually single roosters and be found near forest edges and clearings. Red bats prefer large trees with rough bark, such as hickories, oaks, and maples because the bark offers additional cover. Large trees with cavities may also be used.

Erosion and Sediment Control (NRCS Language)

Many permits include standard erosion and sediment control language that is already familiar to engineers and contractors. These conditions can be useful as a starting point, but sometimes they’re just “cut-and-paste” conditions that the engineer uses on every project. So, they should be reviewed, because every project is different and every site is a little different and can have unique characteristics that require different techniques.

Additional conditions taken from the Natural Resources Conservation Service “Erosion and Sediment Control Plan.”

Land disturbance will be kept to minimum; stabilization will be scheduled as soon as practicable.

Hay bale filters will be installed at all culvert outlets and along the toe of all critical cut and fill slopes.

Culvert discharge areas will be protected with rip rap channels; energy dissipaters will be provided as necessary.

Catch basins will be protected with hay bale filters throughout the construction period and until all disturbed areas are thoroughly stabilized.

All erosion and sediment control measures will be constructed in accordance with the standards and specifications of the Erosion and Sediment Control Handbook.

Erosion and sediment control measures will be installed prior to construction whenever possible.

All control measures will be maintained in effective condition throughout the construction period.

Additional control measures will be installed during the construction period if necessary or required.

Sediment removed from control structures will be disposed of in a manner which is consistent with the intent of the plan.

__[NAME]___ is assigned the responsibility for implementing this erosion and sediment control plan. This responsibility includes the installation and maintenance of control measures, informing all parties engaged on the construction site of the requirements and objectives of the plan, notifying the Inland Wetlands Commission office of any transfer of this responsibility, and conveying a copy of the erosion and sediment control plan if the title to the land is transferred.

The implementation of a sedimentation/erosion control plan prepared by __[NAME]___.

No grading, clearing, landscaping or other ground surface disturbance shall occur within _____ of the regulated area except as reviewed and approved by the Wetlands Agent.

During construction, piles of fill, erodible material and debris shall not be created within _____ feet of regulated areas.

A map delineating the location of fill and debris storage areas will be submitted to the Wetlands Agent for approval prior to the commencement of _____ activities.

Any material excavated at the site shall be disposed of at an upland or off-site location reviewed and approved by the Wetlands Agent prior to the start of the construction activities.

A ____ foot undisturbed, natural buffer will be preserved on the upland edge of all inland wetland and watercourse areas.

A natural buffer planting plan shall be developed and implemented to protect the adjacent ______. This plan shall be reviewed and approved by the Wetlands Agent prior to the commencement of construction activities. The buffer will be ______ feet wide.

A permanent wall, fence, or line of selected plantings shall be established ____ feet from the ______ as a permanent demarcation feature. This demarcation structure shall be reviewed and approved by the Wetlands Agent prior to the commencement of construction activities.

A permanent buffer demarcation plan shall be developed and implemented to protect the adjacent ______. This plan shall be reviewed and approved by the Wetlands Agent prior to the commencement of clearing or construction. The buffer demarcation will be installed prior to the commencement of other construction activities.

Wetland/watercourse area destroyed by ____ activities shall be mitigated through the enhancement and/or replacement of wetlands/watercourse areas in the same sub-watershed. The ratio of replaced/enhanced to destroyed wetland shall be 2:1. The enhancement/replacement plan shall be subject to the review and approval of the Wetlands Agent prior to the commencement of construction.

The Wetlands Agent shall review and approve the final construction designs and locations for the _____ prior to the start of construction activities.

All authorized activities will be certified to be in compliance with the permit and conditions by a registered, professional engineer. Certification will be based upon regular on-site supervision of construction activities. Written compliance reports will be submitted _____ to the Wetlands Agent upon the commencement of construction.

A qualified environmental consultant will be utilized during the course of construction to minimize adverse environmental impacts on regulated areas. Written status reports will be submitted _____ to the Wetlands Agent upon the commencement of construction.

The Inland Wetland and Watercourses boundary shall be delineated on a record plan with a note indicating that all activities within or adjacent to regulated areas are subject to the review and approval of the Commission. A map with this note and wetland and watercourse boundaries shall be filed with the Town Clerk’s office in accordance with Section 7-31 of the Connecticut General Statutes. Copies of this record plan shall be submitted to the Wetlands Agent for review and approval prior to and after filing with the Town Clerk.

A declaration noting the presence of inland wetland and watercourse areas on the property is required. This declaration should also mention the Inland Wetlands and Watercourses Permit Number _________ and require the preservation of inland wetlands and watercourses in a undisturbed and natural state, The declaration must be submitted to the Wetlands Agent for review and approval prior to the start of ______ construction activities and filed in the Land Records of the Town.

A copy of this permit will be given to the future property owner. The name and address of the new owner will be submitted to the Wetlands Agent when the property has been sold. The new owner will be notified in writing by the applicant of all inland wetland/watercourse restrictions on the property.

The proposed septic system design shall be reviewed and approved by the Andover Sanitarian. A copy of the septic permit and associated map shall be submitted to the Wetlands Agent prior to the start of construction activities.

No pool backwash water will be discharged into or adjacent to inland wetland and watercourse areas.

Work within the watercourse corridor will be limited to periods of low flow. Low flow periods normally occur between August and October. The Wetlands Agent will determine if the ____ can occur at other times following an on-site field investigation to evaluate flow conditions.

Oil separators shall be installed on all storm water discharge outlets. The design and location of the separators will be reviewed and approved by the Wetlands Agent prior to the commencement of construction activities.

If the approved structure is to be heated by fuel oil stored in ground, a non-corrodible/nonferrous storage tank shall be used. The Wetlands Agent shall approve the tank location on the permit map.

The permittee will comply with all applicable standard conditions.

An additional filing fee of ____ shall be submitted to the Wetlands Agent prior to the commencement of construction activities in accordance with Section 19.5 of the Andover Inland Wetlands and Watercourses regulations.

Notes on Using Permit Conditions

I’ve learned that a long list of sample conditions can be useful, but more conditions are not always better. Sometimes a long list can be confusing and can cause more problems than it solves.

In practice, the most effective permit conditions are:

clear
tied to the actual activity
within the commission’s authority
enforceable

Conditions written on the fly during a meeting often sound reasonable in the moment but can create confusion later if they are vague or too broad. Also, certain towns have Wetlands Agents that aren’t full-time, so simple and easy-to-enforce conditions are essential.

A short list of well-chosen conditions is usually more effective than a long list of generic ones that no one reads or enforces.

Some issues I’ve dealt with are permit conditions that sound reasonable during a meeting but are difficult to interpret or enforce later. For example, I was involved in a permit application where a condition was added requiring “once annual or biannual mowing of a 10-foot strip nearest to the wetlands to provide habitat.”

The intent was understandable, but the condition itself was vague and difficult to apply in practice. It wasn’t clear how often mowing was actually required, how compliance would be verified, or how the 10-foot area would be identified over time—especially as ownership changed.

From an enforcement standpoint, it creates practical problems. It’s not realistic to expect regular access to private property to verify mowing frequency or to measure a specific buffer area after the fact. Plus, it’s something that’s easily forgotten about after a few years or after some commission or town staff turnover.

In situations like this, it’s often more effective to use physical, visible measures. Establishing a clear boundary—such as a fence, wall, or line of plantings—at the edge of a buffer area makes expectations obvious to the property owner and any future owners. It also creates something that can be easily observed and maintained over time.

In other words, it’s much better to shift from:

“we hope someone remembers to do this forever”

to:

“make the condition visible and self-enforcing”

Conditions that rely on ongoing behavior are often harder to enforce than conditions that create a clear, physical or documented boundary.

Sources

Sources include Town of Andover permit language and other publicly available municipal and agency materials collected over time for reference purposes.