New rules passed for river protection

NORTH CANAAN — Housatonic River Overlay Zone regulations were enacted Jan. 12 by the Planning and Zoning Commission (P&Z). The goal is an extra measure of protection for the river and shoreline by controlling uses within the watershed.

North Canaan is the second town along the upper river corridor in Connecticut to adopt the regulations. Cornwall did so more than a decade ago and recently amended them. Among the changes was the addition of a 75-foot-wide buffer zone along the shorelines to tighten development restrictions and the use of low-impact storm water control.

At the same time, the Housatonic River Commission (HRC) has been promoting greater recognition of its advisory role in riverfront activities, as well as proposing to seek a federal Wild and Scenic river designation. (The overlay zone is not a requirement of that process).

The commission is comprised of two representatives from each of the seven towns along this portion of the Housatonic. It was local representatives Lynn Fowler and Christian Allyn who proposed adapting Cornwall’s carefully written and tested-in-practice regulations. The goal is to develop a corridor of protection that is standardized. What would vary from town to town is essentially the mapping of the zone’s inner and outer corridors, and restrictions specific to local zoning. 

The new regulations are in addition to those pertaining to the underlying zone. For instance, a property in a residential zone as well as a river overlay zone would be subject to requirements of both zones.

Allyn (the son of P&Z Chairman Steve Allyn) made a presentation during a public hearing Jan. 12, where a modest turnout consisted mostly of individuals attending the P&Z meeting on other business. They seemed impressed, nonetheless by the approach. 

The overlay zone consists of an inner corridor, which combines the 100-year flood area with a streambelt based on established soil types, and an outer corridor, defined as the immediate watershed, delineated by lines drawn from peak to peak of the river valley ridge.

The buffer zone is the 75 feet from the ordinary high water mark. The idea is not simply to restrict development near the river, but to do so using practices that have the lowest impact on the river and wildlife habitats. Slowing down stormwater runoff so that contaminants can be filtered out is the primary concern. That can be accomplished in great part by limiting impervious surfaces, installing switchback driveways and leaving a substantial amount of existing vegetation undisturbed — all components of low-impact development.

For property owners, the regulations will apply to development going forward. Not all activities will require a zoning permit, such as open space uses and single family residential activities that do not require structures. 

New construction, expansions and structures proposed on developed lots require a special permit application be filed with P&Z.

Land within the 75-foot buffer zone is to be maintained in its natural state, or augmented with new plantings. That buffer zone provides a filter for contaminants, river bank stabilization, shade for fisheries and a screen to lessen the view of development from the river. 

Copies of the new regulations are available at Town Hall. Property owners may consult with the zoning enforcement officer to determine if a proposed activity complies with the regulations or needs a permit. Applicants are encouraged to first seek comments from the river commission, which meets monthly. 

P&Z has informally discussed overlay zones for the Blackberry River and other Housatonic tributaries, but needs to start from scratch with an environmental study.