4.1 The following operations and uses shall be permitted in inland wetlands and watercourses, as of right:

a. Grazing, fanning, nurseries, gardening and harvesting of crops, and farm ponds of three acres or less essential to the fanning operation. The provisions of this section shall not be construed to include road construction or the erection of buildings not directly related to the arming 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 purpose of sale;

b. A residential home

(i) for which a building permit has been issued or

(ii) on a subdivision lot, provided the building permit has been issued or the subdivision has been approved by the municipal 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 subsection unless the building permit was obtained on or before July 1, 1987. The individual claiming a use of wetlands permitted as a right under this subsection shall document the validity of said right by providing a certified copy of the building permit and a site plan showing proposed and existing topographic contours, house and well locations, septic system, driveway, approval dates or other necessary information to document his entitlement;

c. Boat anchorage or mooring, not to include dredging or dock construction.

d. Uses incidental to the enjoyment or maintenance of residential property, such property defined as equal to or smaller than the largest minimum residential lot site permitted anywhere in the municipality and containing a residence. Such incidental uses shall include maintenance of existing structures and landscaping; but shall not include removal or deposition of material from or into a wetland or watercourse. The term alteration shall include clear-cutting of any vegetation which may adversely affect the functions of the regulated area.

c. Construction and operation by water companies as defined by Section 16-1 of the 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-410 of the General Statutes.

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. Such operation or use may include, but is not limited to, minor work to control erosion, or to encourage proper fish, wildlife and silvaculture management practices.

b. Outdoor recreation including the use of existing play, sporting areas and golf courses, field trials, nature study, hiking, environmental education, horseback riding, swimming, skin and scuba diving, camping, boating, water siding, trapping, hunting, fishing and shell fishing and cross country skiing where otherwise legally permitted and regulated.

4.3 All activities in wetlands or watercourses involving filling, excavating, dredging, clear-cutting, grading or any other alteration or use of wetland or watercourse not specifically permitted by this section shall require a permit from the Agency in accordance with Section 6 of these regulations.

4.4 To carry out the purposes of this section, any person proposing to carry out a permitted or non-regulated operation or use of a wetland or watercourse which may disturb the natural and indigenous character of the land shall prior to commencement of such operation or use, notify the Agency on a form provided by it and provide the Agency with sufficient information to enable it to properly determine that the proposed operation or use is a permitted or non-regulated use of the wetland or watercourse. The Agency shall rule that the proposed operation or use is a permitted or a non-regulated use or operation or that a permit is required. The requested use may fully or partially receive such consideration. Such ruling shall be in writing and shall be made within 65 days of receipt of the request.