reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 449 - Fire Wardens › Section 23-40. - Patrol personnel.

The State Forest Fire Warden may appoint patrol personnel, who shall receive compensation for the time actually employed, and may establish and equip fire lookout stations and furnish necessary equipment for such patrol personnel. Any patrol personnel so appointed for such purpose shall have authority to render bills for such expenses as provided in section 23-39.
(1949 Rev., S. 3480; 1967, P.A. 338, S. 1; P.A. 00-99, S. 68, 154; P.A. 01-150, S. 11; P.A. 19-37, S. 3.)
History: 1967 act deleted provision authorizing patrolmen to collect expenses incurred in extinguishing fires on state's behalf; P.A. 00-99 deleted reference to powers of deputy sheriff, effective December 1, 2000; P.A. 01-150 deleted reference to the arrest powers of patrol personnel and made technical changes for purposes of gender neutrality; P.A. 19-37 deleted provision re authority to summon assistance, effective July 1, 2019.
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 449 - Fire Wardens › Section 23-41. - Disposal of receipts.

All sums received by the State Treasurer from railroad companies or from any other source, as reimbursement for expenses incurred by the State Forest Fire Warden or his deputies in the performance of their duties, shall be deposited in the General Fund in accordance with the provisions of section 4-32. Expenditures incurred by the Commissioner of Energy and Environmental Protection for the prevention and suppression of forest fires shall be paid with moneys appropriated from the General Fund.
(1949 Rev., S. 3482; June, 1955, S. 1881d; 1961, P.A. 517, S. 23; 1971, P.A. 872, S. 200; P.A. 96-180, S. 90, 166; P.A. 11-80, S. 1.)
History: 1961 act deleted reference to receipt of funds from county treasurers; 1971 act replaced state park and forest commission with environmental protection commissioner; P.A. 96-180 changed “State Fire Warden” to “State Forest Fire Warden”, effective June 3, 1996; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 449 - Fire Wardens › Section 23-42. - Liability of railroads for damages caused by sparks.

Any railroad company which, through act of its employees or agents, by sparks from its locomotives or otherwise, sets fire to trees, brush or grass on lands outside the right-of-way of such company, shall be liable to the state for the lawful expenses incurred by the State Forest Fire Warden in extinguishing such fire. The bill for any such fire shall be submitted by the warden or fire chief in charge to the State Forest Fire Warden. If approved by the State Forest Fire Warden, it shall be ordered paid by the State Comptroller. A statement of all such bills paid by the state during the previous six months shall be submitted on or before the tenth day of December and the tenth day of June in each year by the State Forest Fire Warden to the railroad company liable under the provisions of this section. Such statement shall be accompanied by copies of all bills on which the claim is based and shall be paid by such railroad company to the State Treasurer. Each section foreperson employed by a railroad company, upon the discovery of any fire in the section under the jurisdiction of the foreperson, for which such company is liable under the provisions of this section, shall summon necessary assistance, proceed to the fire and extinguish it, and shall give such assistance to state forest fire control personnel as may, from time to time, be requested by such personnel.
(1949 Rev., S. 3483; 1949, S. 1883d; P.A. 01-150, S. 12.)
History: P.A. 01-150 made technical changes including changes for purposes of gender neutrality.
See Sec. 13b-360 et seq. re fires caused by railway engines.
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 449 - Fire Wardens › Section 23-43. - Determination of railroad fire hazards.

The State Forest Fire Warden may, at any time, bring a petition in writing to the Commissioner of Transportation, describing such portions of the right-of-way of any railroad company operating a railroad in this state, and land contiguous to such right-of-way, as, in the opinion of said forest fire warden, constitute fire hazards amounting to public menaces during dry seasons, and praying said commissioner to find whether or not such portions of such right-of-way and contiguous land constitute such fire hazards. Upon receipt of any such application, said commissioner shall fix a time and place of hearing and shall give notice thereof to the State Forest Fire Warden, the company operating such railroad and the mayor of the city, the warden of the borough or the first selectman of the town in which any such portion of right-of-way is located. The commissioner shall then determine what portions, if any, of the right-of-way and contiguous land described in such application constitute such fire hazards, and shall forthwith give written notice of its finding to all parties in interest.
(1949 Rev., S. 3484; P.A. 75-486, S. 54, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136.)
History: P.A. 75-486 replaced public utilities commission with public utilities control authority; P.A. 77-614 and P.A. 78-303 replaced public utilities control authority with commissioner of transportation, effective January 1, 1979.
See Sec. 13b-4b re Commissioner of Transportation's powers relative to railroads.
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 449 - Fire Wardens › Section 23-44. - Protection from railroad fire hazards.

As to any portion of any railroad right-of-way and contiguous land that may be found by the Commissioner of Transportation to constitute such a fire hazard, the commissioner, upon motion of said commissioner or at the request of the State Forest Fire Warden or of the owner or owners of any land adjoining such portion, shall have power, from time to time, to order the railroad company operating such railroad to furnish a patrol whose duty it shall be to cover such portion of the right-of-way and contiguous land in dry seasons and to extinguish any fires set by the locomotives of such railroad company. The commissioner may also, with the consent of any owner or owners of land bordering upon such right-of-way, require such railroad company to create a fire break meeting specifications established by the State Forest Fire Warden on the land of such owner or owners, such line to be located not more than two hundred feet from the nearest track of such railroad, or to clear the brush and inflammable material from a strip of land whose outer limit shall be not more than two hundred feet from such nearest track. The commissioner may also require each railroad company operating a railroad in this state, between the first day of September and the first day of December in each year, to cause to be cut and destroyed all dead grass and weeds on such portions of the right-of-way of such railroad company as have been found by said commissioner to constitute fire hazards amounting to public menace.
(1949 Rev., S. 3485; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136; P.A. 01-150, S. 13.)
History: P.A. 75-486 replaced public utilities commission with public utilities control authority; P.A. 77-614 and P.A. 78-303 replaced public utilities control authority with commissioner of transportation, effective January 1, 1979; P.A. 01-150 deleted reference to a fire line and its specifications and authorized the commissioner to require a railroad company to create a fire break meeting specifications established by the State Forest Fire Warden and made technical changes for purposes of gender neutrality.
See Sec. 13b-4b re Commissioner of Transportation's powers relative to railroads.
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 449 - Fire Wardens › Section 23-45. - Regulations by commissioner. Violations. Penalty.

The Commissioner of Transportation is authorized to make and enforce such rules and regulations as may be required to carry out the provisions of sections 23-43 and 23-44 and may, at any time, for cause shown, upon hearing, after notice to all parties in interest, rescind, reverse or alter any order made by him pursuant to the authority conferred by said sections. Any railroad company which fails to obey any order of said commissioner made in pursuance of the authority granted by sections 23-43 and 23-44 and this section shall be fined not more than five thousand dollars for each offense. Each distinct violation of any such order shall be a separate offense, and, in the case of a continued violation, each day thereof shall be deemed a separate offense.
(1949 Rev., S. 3486; P.A. 75-486, S. 55, 69; P.A. 77-614, S. 571, 587, 610; P.A. 78-303, S. 85, 136; P.A. 79-560, S. 12, 39.)
History: P.A. 75-486 replaced public utilities commission with public utilities control authority; P.A. 77-614 and P.A. 78-303 replaced public utilities control authority with commissioner of transportation, effective January 1, 1979; P.A. 79-560 replaced provision penalizing violators as provided in Sec. 16-41 with specific penalty.
See Sec. 13b-4b re Commissioner of Transportation's powers relative to railroads.
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 449 - Fire Wardens › Section 23-46. - Removal of cut brush along highways. Penalty.

(a) No person, firm or corporation and no agent of any state department or town shall pile and leave piled for a period of more than ten days any cut brush, tree-growth or other inflammable material, except farm products, hay, wood products, lumber, cord wood, wood for domestic use or articles exposed for sale, within twenty-five feet of any highway or one hundred feet of any building, or in such a way as to endanger life or property.
(b) The State Forest Fire Warden may order the removal of such material, designating a time, not more than ten days from the service of notice of such order, when such hazard-causing material shall be removed. Such order shall be in writing and left at the usual place of abode of the person to whom directed or mailed to his last-known address by registered or certified mail. A signed postal receipt shall be evidence that such notice was received by the addressee.
(c) Any person who violates the provisions of subsection (a) of this section or who fails to comply with any order issued under the provisions of subsection (b) of this section shall be fined not more than one hundred dollars or shall be liable to the state for any expense not exceeding one hundred dollars caused by the removal of such cut brush, tree-growth or inflammable material.
(1949 Rev., S. 3487; P.A. 07-217, S. 118.)
History: P.A. 07-217 made technical changes in Subsec. (c), effective July 12, 2007.
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 449 - Fire Wardens › Section 23-47. - Forest fire hazards.

In case of emergency, when down timber, parts of trees or brush, within two hundred feet of any highway, creates an unusual fire hazard that may endanger life or property, the State Forest Fire Warden, with the written consent or at the written direction of the governor, may enter upon such property and remove or reduce such abnormal fire hazard with such labor or funds as may be available; provided a copy of such consent or order shall have been published on two consecutive days in a newspaper having a circulation in the area described therein. No action for trespass shall lie against the State Forest Fire Warden or any of his agents by reason of any act for the purpose of reducing such hazard.
(1949 Rev., S. 3488.)
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 449 - Fire Wardens › Section 23-48. - Kindling fire in the open. Penalty.

Any person who kindles or directs another to kindle a fire in the open air, without proper authorization from state or local authorities or any person who burns materials that are prohibited from being burned by any provision of the general statutes, regulation of the state or local ordinance, shall be fined not more than two hundred dollars or imprisoned not more than six months or both.
(1949 Rev., S. 3489; 1955, S. 1884d; 1959, P.A. 249; P.A. 01-150, S. 19.)
History: 1959 act substituted “directs” for “authorizes” in phrase “kindles or authorizes another to kindle a fire” and added qualifying phrase “without proper authorization from state or local authorities”; P.A. 01-150 deleted provision re fire which causes injury to property or person and substituted reference to burning of materials prohibited from being burned by statute, regulation or ordinance.
Cited. 119 C. 602.
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 449 - Fire Wardens › Section 23-49. - Permits for kindling fires. Exemptions.

Section 23-49 is repealed.
(1949 Rev., S. 3490; 1949, 1953, 1955, S. 1885d; 1961, P.A. 543; 1969, P.A. 671, S. 5.)
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 449 - Fire Wardens › Section 23-49a. - Declaration of burning ban; special burning permit; penalty; exemptions.

(a) No person shall kindle or use fire in the open air within one hundred feet of woodland, brushland, or area containing dried grass that is adjacent to any woodland or brushland, when the forest fire danger, as declared by the State Forest Fire Warden, is high or extreme, or during a drought emergency as declared by the State Forest Fire Warden. When weather conditions indicate that such forest fire danger exists, the State Forest Fire Warden shall make public announcement of the fact, using such news media as may be available and the provisions of this section shall then be in effect until cancelled by said warden.
(b) Notwithstanding any provision of subsection (a) of this section to the contrary, an owner of land or an agent of such owner may apply to the State Forest Fire Warden or designee of said warden for a special burning permit during such period of burning ban. If the State Forest Fire Warden or designee is of the opinion that the proposed burning is of immediate necessity, will not be in conflict with local or state regulatory authority, and that the permittee has the necessary equipment and manpower to confine the fire, the State Forest Fire Warden may issue a special burning permit stating the location, time and conditions under which such burning is to be effected.
(c) Any person who violates any of the provisions of subsection (a) of this section shall be fined not more than two hundred dollars or imprisoned not more than six months or both.
(d) Nothing contained in this section shall limit any duly authorized public authority from carrying out their assigned duties where the use of fire is necessary to the reduction of a health or fire hazard.
(1969, P.A. 671, S. 1–4; P.A. 01-150, S. 14.)
History: P.A. 01-150 amended Subsec. (b) to authorize the State Forest Fire Warden or the warden's designee to issue special burning permits, deleted reference to the fire warden of the district and made technical changes in Subsecs. (a) and (b) for purposes of gender neutrality.
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 449 - Fire Wardens › Section 23-50. - Closing of forests by the Governor.

Whenever it appears to the Governor that by reason of extreme drought or other hazardous conditions there is danger of forest fires, he may proclaim that any or all sections of woodland and brush land in the state shall be closed, for such time as he may designate, to all persons except the owners or tenants of such woodlands and their agents and employees, and during such period of closure no fire shall be kindled in the open air. As soon as the woodland is deemed free from the danger of fire, the Governor may revoke his proclamation. Any person who enters upon forest or brush land, except as provided herein, or who kindles or causes to be kindled a fire in the open air, during the period covered by the Governor's proclamation, shall be fined not less than five dollars nor more than one hundred dollars or imprisoned not more than six months or be both fined and imprisoned.
(1949 Rev., S. 3493; 1955, S. 1887d.)
See Sec. 26-25 re Commissioner of Energy and Environmental Protection's power to declare closed season for fishing or hunting as precaution to prevent fires.
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 450 - The Northeastern Interstate Forest Fire Protection Compact › Section 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 member of the legislature who is also a member of the Commission on Intergovernmental Cooperation, designated by said commission, and the third shall be a citizen of the state designated by the Governor as his responsible representative to serve at the pleasure of the Governor. The commissioners so appointed shall be paid no compensation. They shall be reimbursed for necessary expense incurred in the performance of their duties.
(1949, S. 1944d, 1945d.)
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 450 - The Northeastern Interstate Forest Fire Protection Compact › Section 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 directed to do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of said compact in every particular. The commission shall formulate and put in effect a forest fire plan and integrate such forest fire plan with such regional plan as is recommended by the compact commission. Said plan shall include a reasonable effort to establish and maintain such adequate fire fighting services as may be consistent with the requirements of the state and to make available such services to other signatory states consonant with maintaining reasonably safe protection to this state at all times.
(1949, S. 1946d.)
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 450 - The Northeastern Interstate Forest Fire Protection Compact › Section 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 states signatory to the compact or by the Congress or the terms of said compact.
(1949, S. 1947d.)
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 450 - The Northeastern Interstate Forest Fire Protection Compact › Section 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 conducted by it during the twelve months preceding December first of that year and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the state of Connecticut which may be necessary to carry out the intent and purposes of the compact between the signatory states.
(1949, S. 1948d.)
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 451 - Public Shade Trees and Tree Protection Examining Board › Section 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 the territory embraced within their limits, and the warden or burgesses of each borough shall, within thirty days of their election, appoint a town or borough tree warden, as the case may be. Such tree wardens shall be appointed for the term of two years and until their successors are appointed and have qualified. Any tree warden may appoint such number of deputy tree wardens as said warden deems expedient and said warden may, at any time, remove any such deputy tree warden from office. A town or borough tree warden and such warden's deputies shall receive for their services such reasonable compensation, from the town or borough, as the town or borough may determine or, in default of such determination, as the selectmen or borough warden prescribes.
(1949 Rev., S. 3496; September, 1957, P.A. 11, S. 13; February, 1965, P.A. 614, S. 2; P.A. 13-203, S. 10.)
History: 1965 act deleted provisions requiring report to state park and forest commission upon selection of tree warden by selectmen or burgesses or, alternatively, requiring report to town or borough if commission makes appointment upon town or borough's failure to do so, deleted provisions re compensation of tree wardens, their supervision by the commission, etc.; P.A. 13-203 changed term for tree warden from 1 year to 2 years and made technical changes.
Law applied to city whose limits are not coterminous with those of town. 85 C. 133. A tree warden is a public officer; but if he does manual labor on trees at a separate charge, he does not then act as a public officer and if injured, comes under the workmen's compensation act. 102 C. 572.
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 451 - Public Shade Trees and Tree Protection Examining Board › Section 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 shrubs or ornamental or shade trees within the limits of any public highway or grounds under his control and, at the discretion of the tree warden or other similar officer and with the written consent of the owner thereof, upon land adjoining such highway or grounds, if not more than ten feet therefrom, for the purpose of shading or ornamenting such highway or grounds. All shrubs and trees planted under the provisions of this section shall be deemed public shrubs and trees and shall be under the care and control of the tree warden, city forester or other similar officer and may be removed only upon a written permit from him.
(1949 Rev., S. 3498.)
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 451 - Public Shade Trees and Tree Protection Examining Board › Section 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.)
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 451 - Public Shade Trees and Tree Protection Examining Board › Section 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.)
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 451 - Public Shade Trees and Tree Protection Examining Board › Section 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.)
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 451 - Public Shade Trees and Tree Protection Examining Board › Section 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; P.A. 98-229, S. 8.)
History: P.A. 76-436 replaced court of common pleas with superior court in Subsec. (a), effective July 1, 1978; P.A. 77-603 and 77-614 replaced previous detailed appeal provisions with requirement that appeals be made in accordance with Sec. 4-183; P.A. 78-303 made technical changes; P.A. 98-229 authorized appeals of actions of the Commissioner of Environmental Protection, deleting reference to “board”.
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 451 - Public Shade Trees and Tree Protection Examining Board › Section 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 chapter 441 or section 23-61a or 23-61b shall be considered under the jurisdiction of the Commissioner of Energy and Environmental Protection.
(c) Any person who violates any provision of subsection (a) of section 23-61b shall be assessed a civil penalty of not less than one thousand dollars but not more than two thousand five hundred dollars for each day such violation continues. The Attorney General, upon complaint of the commissioner, shall institute a civil action in the superior court for the judicial district of Hartford to recover such penalty. Any such action shall have precedence in the order of trial as provided in section 52-191.
(1967, P.A. 587, S. 6; 1971, P.A. 872, S. 432; P.A. 73-540, S. 26, 28; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6; P.A. 98-229, S. 3; P.A. 02-89, S. 68; P.A. 03-278, S. 84; P.A. 11-80, S. 1.)
History: 1971 act placed violators under jurisdiction of environmental protection commissioner rather than that of commissioner of agriculture and natural resources and pesticide control board; P.A. 73-540 substituted “Connecticut Pesticide Control Act” for reference to Secs. 19-300k to 19-300t and reiterated transfer of jurisdiction; (Revisor's note: In 1993 obsolete reference in Subsec. (a) to repealed Sec. 23-61c was deleted editorially by the Revisors); P.A. 98-229 amended Subsecs. (a) and (b) to assign jurisdiction over arboriculture violations to the Commissioner of Environmental Protection and added Subsec. (c) re civil penalties for such violations (Revisor's note: P.A. 88-230, 90-98, 93-142 and 95-220 authorized substitution of “judicial district of Hartford” for “judicial district of Hartford-New Britain” in public and special acts of the 1998 regular and special sessions of the General Assembly, effective September 1, 1998); P.A. 02-89 amended Subsecs. (a) and (c) to delete references to Sec. 23-61d and amended Subsec. (b) to replace reference to “sections 23-61a to 23-61d, inclusive” with “section 23-61a”, reflecting repeal of Sec. 23-61d by the same public act; P.A. 03-278 made a technical change in Subsec. (b), effective July 9, 2003; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (b), effective July 1, 2011.
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 451 - Public Shade Trees and Tree Protection Examining Board › Section 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 section 23-61a.
(3) “Place of business” means any physical location at or through which the functional operations of business regularly occur, including, but not limited to, financial transactions, arrangement of contracts, assignment of contracts, assignment of work and record keeping. “Place of business” does not include buildings or locations used solely for storage of equipment or supplies or any telephone answering service.
(P.A. 13-203, S. 1.)
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 451 - Public Shade Trees and Tree Protection Examining Board › Section 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 Environmental Protection. A certificate of registration shall expire on the thirty-first day of August next succeeding its issuance. Any arborist business with more than one place of business in the state or that operates under more than one name shall register and pay the application fee for each place of business and for each business name.
(b) Application for a certificate of registration shall be made on such form as the commissioner may prescribe and with such information as the commissioner deems necessary to fulfill the purposes of this section and sections 23-61i to 23-61m, inclusive, provided such information shall, at a minimum, include the following: (1) The applicant's name and residential address, (2) the name, address and telephone number of the place of business, (3) the name and license number of the licensed arborist employed by the arborist business, and (4) the type of business. Each arborist business shall notify the commissioner of any change in the information contained in an application or in the status of the business as an arborist business. Such notification shall be submitted, in writing, not more than thirty days after any change.
(c) An application for a certificate of registration shall be accompanied by payment of a fee of two hundred forty dollars. The commissioner may waive payment of the fee for the initial renewal of a certificate of registration issued during the three months prior to expiration of such certificate of registration. An application for a certificate of registration or renewal shall not be deemed to be complete or sufficient until the applicable fee is paid in full.
(d) Notwithstanding the provisions of section 22a-66c, any person who complies with the registration requirements of this section shall not be required to register such arborist business pursuant to section 22a-66c if such arborist business also engages in pesticide application.
(P.A. 13-203, S. 2.)
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 451 - Public Shade Trees and Tree Protection Examining Board › Section 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.)
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 451 - Public Shade Trees and Tree Protection Examining Board › Section 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 shall indicate: (1) For each application of a pesticide made on behalf of the business, (A) the name and certification number of the commercial supervisor and the commercial operator, (B) the kind and amount of pesticide used and the amount of acreage treated, if applicable, (C) the date and place of application, (D) the pest treated for, and (E) the crop or site treated; (2) a list of the names and corresponding United States Environmental Protection Agency registration numbers of any pesticide applied by the business; (3) the names and applicator certification numbers of all certified commercial pesticide applicators, whether operator or supervisory, who are employees or agents of the arborist business, and a list of the types of applications that each applicator performs; and (4) for each site where arboriculture not involving the use of pesticides was performed: (A) The type of work performed, including, but not limited to, pruning, trimming, cabling, bracing, fertilization or treating cavities, (B) the date and place of work, (C) the name and license number of the licensed arborist supervising the work, and (D) the names of any unlicensed or licensed persons performing the work under the supervision of the licensed arborist.
(b) Information required under subdivision (2) of subsection (a) of this section may be kept separately from the records required by subdivision (1) of subsection (a) of this section or may be integrated with such records by including on the record of each pesticide application the full name and the United States Environmental Protection Agency registration number of the pesticide used.
(c) All records and information required to be kept pursuant to this section shall be kept at the place of business for such arborist business and may be inspected by the Commissioner of Energy and Environmental Protection pursuant to section 22a-59. If the place of business for such arborist business is outside of the state, the records and information shall be made available to the commissioner at a location in the state not more than ten days after receipt of a request for inspection from the commissioner.
(d) Each arborist business shall, upon written request, provide any customer with a copy of the record which is required to be kept pursuant to this section and which pertains to arboriculture performed for such customer.
(P.A. 13-203, S. 5.)
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 451 - Public Shade Trees and Tree Protection Examining Board › Section 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 of the Commissioner of Energy and Environmental Protection, shall institute a civil action to recover such forfeiture in the superior court for the judicial district of Hartford. All actions brought by the Attorney General shall have precedence in the order of trial as provided in section 52-191.
(P.A. 13-203, S. 6.)
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 451 - Public Shade Trees and Tree Protection Examining Board › Section 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 any officer, agent or other person acting for or employed by the arborist business shall be deemed to be the action, omission or failure to act of the arborist business as well as that of the person employed.
(P.A. 13-203, S. 7.)
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 451 - Public Shade Trees and Tree Protection Examining Board › Section 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. 587, S. 7.)
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 451a - Forest Practices › Section 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, inclusive, the commissioner or the agency, as the case may be, may issue an order to such person to take the necessary steps to comply with said sections. Each order to comply issued under this section shall be sent by certified mail, return receipt requested, to the subject of such order and shall be deemed issued upon deposit in the mail. Any person who is aggrieved by such order may, within thirty days from the date such order or decision is issued, request a hearing before the commissioner or the agency, as the case may be. The commissioner or the agency shall not grant any request for a hearing at any time thereafter. After such hearing, the commissioner or the agency shall consider the facts presented to the commissioner or the agency by such person, shall consider the rebuttal or other evidence presented to or by the commissioner or the agency, and shall then revise or resubmit the order to the person, or inform the person that the previous order has been disapproved or that it has been reaffirmed and remains in effect. The commissioner or the agency may, after the hearing provided for in this section, or any time after the issuance of his order, modify such order by agreement or extend the time schedule therefor if the commissioner or the agency deems such modification or extension advisable or necessary, and any such modification or extension shall be deemed to be a revision of an existing order and shall not constitute a new order. There shall be no hearing subsequent to or any appeal from any such modification or extension.
(P.A. 91-335, S. 7; P.A. 98-228, S. 2; P.A. 11-80, S. 1.)
History: P.A. 98-228 authorized municipal orders under this section; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 451a - Forest Practices › Section 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 Attorney General to bring, or an inland wetlands agency authorized to regulate forest practices may bring, an action in the superior court for the judicial district of Hartford to enjoin such person to comply fully with said sections, including any regulation, certificate, authorization, or order adopted or issued thereunder, or any part thereof. All actions brought by the Attorney General or an inland wetlands agency pursuant to this section shall have precedence in the order of trial as provided in section 52-191.
(P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 91-335, S. 8; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6; P.A. 98-228, S. 3; P.A. 11-80, S. 1.)
History: (Revisor's note: P.A. 88-230 and P.A. 90-98 authorized substitution of “judicial district of Hartford” for “judicial district of Hartford-New Britain at Hartford” in public and special acts of the 1991 session of the general assembly, effective September 1, 1993); P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 98-228 authorized certain inland wetlands agencies to bring an action under this section; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 451a - Forest Practices › Section 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 and, in the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Attorney General, upon complaint of the Commissioner of Energy and Environmental Protection, or an inland wetlands agency authorized to regulate forest practices, shall institute a civil action to recover such penalty.
(P.A. 91-335, S. 9; P.A. 98-228, S. 4; P.A. 11-80, S. 1.)
History: P.A. 98-228 authorized certain inland wetlands agencies to institute actions under this section; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 451a - Forest Practices › Section 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 in accordance with the provisions of chapter 54. Any violation of sections 23-65f to 23-65o, inclusive, or any regulation adopted pursuant to said sections, applicable to certified practitioners, shall be grounds for denial, suspension or revocation of certification. Additional grounds for denial, suspension or revocation shall include, but shall not be limited to, the following:
(1) Aiding, abetting or conspiring with a certified or noncertified person to evade the provisions of sections 23-65f to 23-65o, inclusive;
(2) Allowing one's authorization or certification to be used by another person;
(3) Making a false or misleading statement during an inspection or investigation concerning a violation of sections 23-65f to 23-65o, inclusive;
(4) Conviction of a felony associated with the conduct of a regulated forest practice.
(b) Any certified practitioner whose certification is suspended or revoked under the provisions of sections 23-65f to 23-65o, inclusive, shall not be eligible to apply for a new certificate until such time has elapsed from the date of the order suspending or revoking said certificate as has been established by the commissioner.
(P.A. 91-335, S. 10; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011.
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 451a - Forest Practices › Section 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 abandon such authority or upon determination after a hearing that such municipality has failed to perform its duties under said section 23-65k. Prior to the hearing on revocation, the commissioner shall send a notice to the inland wetlands agency, by certified mail, return receipt requested, asking such agency to show cause, not later than thirty days after receipt of such notice, why such authority should not be revoked. A copy of the show cause notice shall be sent to the chief executive officer of the municipality that authorized the agency. The commissioner shall send a notice to the inland wetlands agency, by certified mail, return receipt requested, stating the reasons for the revocation and any provisions necessary for reinstatement, in accordance with subsection (c) of this section. Any municipality aggrieved by a decision of the commissioner under this section to revoke its authority under this section may appeal therefrom in accordance with the provisions of section 4-183. The commissioner shall have jurisdiction over the forest practices in any municipality whose authority to regulate such forest practices has been revoked. Any fees that would have been paid to such municipality if such authority had been retained shall be paid to the state.
(b) If the commissioner revokes the authority of a municipality to regulate forest practices, the municipality may apply to the commissioner for reinstatement of such authority after a period of one year from revocation. The commissioner may grant reinstatement if the municipality demonstrates that it is capable for fulfilling its duties under section 23-65k.
(c) The commissioner shall cause to be published notice of the revocation or reinstatement of the authority of a municipality to regulate forest practices in a newspaper of general circulation in the area of such municipality.
(d) The commissioner may issue an order or request to the Attorney General to bring an action in the superior court for the judicial district of Hartford to enforce any order, registration, ordinance or regulation adopted under this chapter if the municipality fails to do so on a timely basis.
(P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6; P.A. 98-228, S. 5; P.A. 11-80, S. 1.)
History: (Revisor's note: P.A. 88-230, 90-98, 93-142 and 95-220 authorized substitution of “judicial district of Hartford” for “judicial district of Hartford-New Britain” in public and special acts of the 1998 regular and special sessions of the General Assembly, effective September 1, 1998); pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011.
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 451a - Forest Practices › Section 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 such regulation, order, decision or action in accordance with section 4-183. Notice of such appeal shall be served upon the inland wetlands agency and the commissioner. The commissioner may appear as a party to any action brought by any other person not later than thirty days from the date such appeal is returned to the court.
(P.A. 98-228, S. 6; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 23 - Parks, Forests and Public Shade Trees › Chapter 452 - Scenic Trails › Section 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, October 2, 1968.
(1971, P.A. 638, S. 1.)