Title 23 — Title 23: Parks, Forests and Public Shade Trees

Sec. 23-51. Abandoned highways may be maintained for fire prevention. Section 23-51 is repealed, effective October 1, 2001. (1949 Rev., S. 3494; P.A. 01-150, S. 20.)

Sec. 23-52. Recovery of expenses for extinguishing fires. Section 23-52 is repealed. (1949 Rev., S. 3495; 1967, P.A. 338, S. 2.)

Sec. 23-53. Northeastern Interstate Forest Fire Protection Compact. The Governor on behalf of this state is authorized to enter into a compact, substantially in the following form, with any one or more of the states of Maine, Massachusetts, New Hampshire, New York, Rhode Island a…

Sec. 23-54. Appointment of commissioners. There shall be three members, hereinafter called commissioners, of the Northeastern Forest Fire Protection Commission, appointed by the Governor. One of such commissioners shall be the State Forest Fire Warden, the second shall be a membe…

Sec. 23-55. Powers and duties of commissioners. There is granted to the commissioners all of the powers provided in said compact and all the powers necessary or incidental to the carrying out of said compact in every particular. All officers of the state of Connecticut are direct…

Sec. 23-56. Application of other laws. Any powers herein granted to the commission shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in said commission by other laws of the state of Connecticut or by the laws of the state…

Sec. 23-57. Report. The commission shall keep accurate accounts of all receipts and disbursements and shall report to the Governor and the legislature of the state of Connecticut on or before the tenth day of December in each year, setting forth in detail the transactions conduct…

Sec. 23-58. Tree wardens; appointment; compensation; supervision. The selectmen of each town, except those having cities with coextensive boundaries within their limits, which cities have an officer with similar duties to those of a tree warden who in fact assumes control of all …

Sec. 23-59. Powers and duties of tree wardens. The town or borough tree warden shall have the care and control of all trees and shrubs in whole or in part within the limits of any public road or grounds and within the limits of his town or borough, except those along state highwa…

Sec. 23-59a. Required coursework for tree wardens. Failure to comply. Extension of time. Record of completion. Tree Wardens Association of Connecticut coursework. Exemptions. Fee. (a) Not later than one year after appointment or reappointment as a tree warden, pursuant to section…

Sec. 23-60. Appropriations. Public trees; removal. Each town, city or borough may appropriate annually a suitable sum to be expended by the town tree warden, borough tree warden, city forester or other similar officer, in the planting, trimming, spraying, care and preservation of…

Sec. 23-61. Tree experts to be licensed. Section 23-61 is repealed. (1949 Rev., S. 3499; 1963, P.A. 527, S. 10; 1967, P.A. 587, S. 7.)

Sec. 23-61a. Definitions. Tree Protection Examining Board. Regulations. (a) As used in sections 23-61a to 23-61f, inclusive, “arboriculture” means any work done for hire to improve the condition of fruit, shade or ornamental trees by feeding or fertilizing, or by pruning, trimmin…

Sec. 23-61b. Licensing for arboriculture; examination; fees; renewal; suspension; revocation. Nonresidents. Records. Pesticides. (a) No person shall advertise, solicit or contract to do arboriculture within this state at any time without a license issued in accordance with the pr…

Sec. 23-61c. Privilege of licensee to take examination without fee for commercial applicators of pesticides. Section 23-61c is repealed. (1967, P.A. 587, S. 3(h), (i); P.A. 73-540, S. 24, 28; P.A. 77-206, S. 8, 9; P.A. 82-158, S. 5, 6.)

Sec. 23-61d. Validity of custom tree worker licenses held by licensees on July 1, 1977. Section 23-61d is repealed, effective October 1, 2002. (1967, P.A. 587, S. 3(j); P.A. 73-540, S. 25, 28; P.A. 77-206, S. 10; P.A. 02-89, S. 90.)

Sec. 23-61e. Appeals. Any person aggrieved by an order or finding of the commissioner may appeal therefrom in accordance with the provisions of section 4-183. (1967, P.A. 587, S. 5; P.A. 76-436, S. 464, 681; P.A. 77-603, S. 104, 125; 77-614, S. 219, 610; P.A. 78-303, S. 135, 136;…

Sec. 23-61f. Penalties. (a) Any person who violates any provision of subsection (b), (c) or (d) of section 23-61b or of any regulation issued under subsection (e) of section 23-61a shall be fined not more than two hundred dollars. (b) Any person who violates any provision of chap…

Sec. 23-61g. Arborist business. Definitions. For the purposes of sections 23-61h to 23-61m, inclusive: (1) “Arborist business” means any business that wholly, or in part, holds itself out for hire to perform arboriculture. (2) “Arboriculture” has the same meaning as provided in s…

Sec. 23-61h. Arborist business. Certificate of registration. Application. Fee. Exemption re pesticide application. (a) No person shall engage in the operation of an arborist business unless such person has a certificate of registration from the Commissioner of Energy and Environm…

Sec. 23-61i. Issuance of certificate. Denial. Hearing. Revocation or suspension of certificate. Grounds. Reapplication. (a) The Commissioner of Energy and Environmental Protection shall, after review of a complete application submitted in accordance with the provisions of section…

Sec. 23-61j. Employment of arborists by arborist business. Each arborist business shall employ at each place of business no fewer than one arborist licensed pursuant to section 23-61b. (P.A. 13-203, S. 4.)

Sec. 23-61k. Retention of records by arborist business. Information required. Inspection by commissioner. Customer records. (a) Each arborist business shall maintain records for not less than five years from the date such record is made or amended, whichever is later. The record …

Sec. 23-61l. Violations. Penalty. Attorney General action. Any person who violates any provision of sections 23-61h to 23-61m, inclusive, shall forfeit to the state a sum not to exceed five thousand dollars per day for each day of violation. The Attorney General, upon complaint o…

Sec. 23-61m. Action by officer, agent or person acting for or employed by arborist business. In any proceeding regarding the denial, suspension or revocation of a certificate of registration, and any proceeding pursuant to section 23-61i, the action, omission or failure to act of…

Secs. 23-62 to 23-64. Tree Protection Examining Board; license. Officers; regulations; seal; revocation of licenses. Examination and renewal fees; compensation of board. Sections 23-62 to 23-64, inclusive, are repealed. (1949 Rev., S. 3500–3502; 1959, P.A. 616, S. 77; 1967, P.A. …

Sec. 23-65. Posting or distributing advertisements. Removing, pruning, injuring or defacing certain trees or shrubs. Restoration. Damages. Regulations. Permit for cutting or removal. (a) Any person, firm or corporation which affixes to a telegraph, telephone, electric light or po…

Secs. 23-65a to 23-65e. Reserved for future use.

Sec. 23-65f. Definitions. As used in sections 23-65g to 23-65o, inclusive: (1) “Commercial forest practices” means any forest practices performed by a person other than the owner of the subject forest land for remuneration, or which, when performed, yield commercial forest produc…

Sec. 23-65g. Forest Practices Advisory Board. Membership. Powers and duties. (a) There is established a Forest Practices Advisory Board consisting of the State Forester or the State Forester's designee, and nine public members appointed as follows: (1) Three by the Governor, one …

Sec. 23-65h. Forest practitioner certification. Classifications and requirements. Regulations. (a) On or after July 1, 1992, no person shall advertise, solicit, contract or engage in commercial forest practices within this state at any time without a certificate issued in accorda…

Sec. 23-65i. Forest practice activities. Reports. (a) Each certified forester, except any state employee who engages in activities regulated by sections 23-65f to 23-65o, inclusive, solely as part of his employment, shall submit an annual report to the Commissioner of Energy and …

Sec. 23-65j. Forest practices. Regulations. Fees. (a) The Commissioner of Energy and Environmental Protection may adopt regulations, in accordance with the provisions of chapter 54, governing the conduct of forest practices including, but not limited to, the harvest of commercial…

Sec. 23-65k. Municipal regulation of forest practices. (a) Any of the towns of Berlin, Brookfield, Chester, Deep River, East Haddam, Essex, Glastonbury, Granby, Haddam, Kent, Lyme, Newtown, Old Lyme, Old Saybrook, Redding, Stafford, Somers, Warren, Washington or Willington may, a…

Sec. 23-65l. Orders. If the Commissioner of Energy and Environmental Protection or, in a municipality in which there is an inland wetlands agency authorized to regulate forest practices, such agency, finds that any person has violated any provision of sections 23-65f to 23-65o, i…

Sec. 23-65m. Injunctions. If any person fails to comply with sections 23-65f to 23-65o, inclusive, including any regulation, certificate, authorization or order adopted or issued pursuant to said sections, the Commissioner of Energy and Environmental Protection may request the At…

Sec. 23-65n. Civil penalties. Any person who violates any provision of sections 23-65f to 23-65o, inclusive, shall be assessed a civil penalty not to exceed five thousand dollars, to be fixed by the court, for each offense. Each violation shall be a separate and distinct offense …

Sec. 23-65o. Denial, suspension or revocation of forest practitioner certification. (a) The Commissioner of Energy and Environmental Protection may refuse to grant practitioner certification or renewal of certification and may revoke or suspend certification following a hearing i…

Sec. 23-65p. Revocation and reinstatement of municipal authority. (a) The Commissioner of Energy and Environmental Protection may revoke the authority of a municipality to regulate forest practices pursuant to section 23-65k upon notice from a municipality that it intends to aban…

Sec. 23-65q. Appeal of municipal action re forest practices. The Commissioner of Energy and Environmental Protection or any person aggrieved by any order, registration, ordinance, regulation or action made by a municipality under sections 23-65f to 23-65o, inclusive, may appeal s…

Sec. 23-66. Preservation of Appalachian National Scenic Trail as state policy. It is declared to be the policy of the state of Connecticut that the Connecticut portion of the Appalachian National Scenic Trail be preserved in its natural character as proposed by Public Law 90-543,…

Sec. 23-67. Appalachian National Scenic Trail. Acquisition of land. Provision of facilities. The Department of Energy and Environmental Protection is hereby authorized by purchase, gift, eminent domain or otherwise to acquire such land, including but not limited to rights-of-way …

Sec. 23-68. Transfer of land from other agencies for Appalachian National Scenic Trail. Any department or agency of the state or of any political subdivision may transfer to the Department of Energy and Environmental Protection lands or rights in land for such purposes on such te…

Sec. 23-69. Uses of Appalachian National Scenic Trail and land. As ordered in Public Law 90-543, the Appalachian National Scenic Trail shall be held, developed and administered primarily as a footpath and the natural scenic beauty thereof shall be preserved insofar as it is pract…

Sec. 23-70. Maintenance agreements re Appalachian National Scenic Trail. As stated in Public Law 90-543, the commissioner may enter into cooperative agreements with agencies of the federal government or with private organizations to provide for the maintenance of the trail. (1971…

Sec. 23-71. Liability of grantor of right-of-way re Appalachian National Scenic Trail. No person who has granted a right-of-way for said trail across his land, or his successor in title, shall be liable to any user of the trail for injuries suffered on said right-of-way unless th…

Sec. 23-72. Use of funds for Appalachian National Scenic Trail. The Department of Energy and Environmental Protection is hereby authorized to use any department funds which may become available to carry out sections 23-66 to 23-72, inclusive. Any available funds from the United S…

Sec. 23-72a. New England National Scenic Trail. Preservation of trail as state policy. Acquisition of land. Transfer of land from other agencies. Use of trail and land. Maintenance agreements. Liability of grantor of right-of-way. Use of funds. (a) It is declared to be the policy…

Sec. 23-73. Definitions. As used in sections 23-74 to 23-80, inclusive: (1) “Appraised value” means the fair market value of property without the consideration of the effect, if any, of dedication or other preservation related restrictions; (2) “Acquisition” means the acquiring o…

Sec. 23-74. Recreation and natural heritage trust program. Purpose. There is hereby created the recreation and natural heritage trust program to: (1) Acquire land that represents the ecological diversity of Connecticut, including natural features such as riverine, montane, coasta…