[HISTORY: Adopted by the Wetlands Commission of the Town
of Haddam 1-10-2000. Amendments
noted where applicable.]
A.
Harvesting
of forest tree species is an integral part of forest management by
which wood for human use is obtained and by which, during harvesting
operations, there will be temporary changes in the forest environment.
B.
The objective
of these regulations is not to discourage timber harvesting but to
allow harvesting procedures that:
C.
The burden
of proof concerning any dispute on the amounts of wood cut shall rest
with the landowner and shall be resolved by a professional forester.
D.
The Commission
may impose the more stringent cutting requirements.
E.
These regulations
are adopted under the authority of C.G.S. § 23-65k.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who engages in commercial forest practices.
Wood products harvested from a tract of forest land in excess
of 50 cords or 150 tons or 25,000 board feet, whichever measure is
appropriate, in any twelve-month period.
Any activity which may alter the physical or vegetative characteristics
of any forest and which is undertaken in connection with the harvest
of commercial forest products unless such harvest is undertaken pursuant
to the conversion of forest land to other uses and such conversion
has been approved by the Wetlands Commission.
A woody perennial plant usually having one self-supporting
stem or trunk which has a definitely formed crown and is normally
expected to attain a mature height of over 20 feet.
A.
Timber,
except in the Gateway Conservation Zone, may be harvested without
obtaining approval from the Wetlands Enforcement Officer or obtaining
site plan approval from the Wetlands Commission for the following:
(1)
Clearing
to prepare a site for farming and agricultural purposes, including
the cultivation of crops other than forest products.
(2)
Thinning
and clearing in connection with development of residential, industrial,
recreational, public or non-woodland commercial purposes, including
cutting, removing or harvesting trees on a lot for the purpose of
preparing the site for the construction of a building, structure,
or other use where prior approval has been granted.
(3)
Thinning
or clearing to provide access to abutting land.
(4)
Cultured
Christmas tree area.
(5)
Cutting,
removing or harvesting timber representing 15 cords or less, or 10,000
board feet or less on any one ownership of land within any given calendar
year.
B.
All harvesting,
however, shall be conducted in a manner that minimizes erosion and
sedimentation to wetlands and watercourses and to protect the public
health, safety and welfare and property values.
A.
Noncommercial
cutting.
(1)
The
cutting or removal of forest tree species on a lot for the purpose
of preparing a site for the construction of a building or other structure
and/or cutting for the customary maintenance and improvement of a
lot of any size.
(2)
A cutting
plan showing the existing mix of tree species, their approximate height,
age and density; a description of the cutting or removal activities
to be undertaken and any other information that may be necessary and
reasonably required.
B.
Commercial
cutting.
(1)
Any
cutting or removal of forest tree species which exceeds one acre.
(2)
A cutting
plan must show the applicant's property and the abutting property
owner, a description of the activity to be undertaken, and certification
by a forester that the plan is consistent with the Minimum Standards
for the Cutting of Timber set forth in Appendix A of the Gateway Conservation
Zone Regulations.
(3)
Commercial
cutting representing 16 cords to 100 cords, or more than 10,000 board
feet and less than or equal to 25,000 board feet on any one ownership
of land within any twelve-month period and owner of the property on
which that harvest operation is proposed shall first obtain a permit
from the Wetland Enforcement Officer.
(4)
For
commercial cuttings representing more than 100 cords or more than
25,000 board feet on any one ownership of land in any twelve-month
period the owner of the property on which the harvest operation is
proposed shall first obtain a timber cutting approval from the Commission.
A.
Sixteen
to 100 cords: approval from Wetlands Enforcement Officer required.
(1)
Before
any timber is harvested representing 16 cords to 100 cords or more
than 10,000 board feet and less than or equal to 25,000 board feet
on any one ownership of land within any twelve-month period, the owner
of the property on which the harvest operation is proposed shall first
obtain a permit from the Wetlands Enforcement Officer. Such permit
shall be in effect for one year and may be renewed for one additional
year with the approval of the Wetlands Enforcement Officer without
filing a new application.
(a)
The landowner shall submit:
[1]
A sketch map or maps showing the landowner's property and the abutting
property owners.
[2]
Proof that notification has been given to abutting property owners
within 500 feet of the actual area disturbed by the cutting operation.
Such notification shall consist of a copy of the application for a
cutting permit and shall be sent to abutting property owners within
500 feet via certified mail, return receipt requested.
[3]
Description of the nature and location of the cutting operations.
[4]
Location of water bodies and watercourses.
[5]
Number and type of vehicles and equipment to be used.
[6]
Other information which the Wetlands Enforcement Officer deems necessary
to determine the cutting operation's impact on soil and water quality.
[7]
Appropriate fee.
(b)
Hours of operation are to be between 7:00 a.m. and 6:00 p.m., Monday
through Saturday, unless modified and approved by the Commission.
(2)
The
Wetlands Enforcement Officer shall give approval when satisfied that
the cutting, removal or harvesting will minimize soil erosion and
sedimentation to wetlands and watercourses, protect the public health,
safety and welfare, and that no more than 100 cords nor more than
25,000 board feet will be removed.
B.
Over 100
cords: permit from Wetlands Commission required.
(1)
Before
any timber is harvested representing more than 100 cords or more than
25,000 board feet on any one ownership of land in any twelve-month
period, the owner of the property on which the harvest operation is
proposed shall first obtain a timber cutting permit from the Commission.
Such approval shall be in effect for one year and may be renewed for
one additional year with the approval of the Commission without filing
a new application.
(2)
The
application for a Timber Cutting Permit shall include the following
minimum requirements:
(a)
A timber cutting site plan showing the following:
[1]
A U.S.G.S. topographic map showing the location of the property where
harvesting is proposed.
[2]
A sketch map (such as a copy of an Assessor's map) showing the landowner's
property and the abutting property owners and proof that notification
has been given to abutting property owners within 500 feet of the
actual area disturbed by the cutting operation. Such notification
shall consist of a copy of the application form and shall be sent
to abutting property owners via certified mail, return receipt requested.
[3]
Location of proposed cutting operation, including logging trials,
skid trails, yarding and landing accesses and sawmills, bridges and
other stream crossings.
[4]
Location of existing watercourses and/or water bodies.
(b)
A sedimentation and erosion control plan which meets the minimum
requirements set forth in Logging and Water Quality in Connecticut,
published by the Connecticut 208 Forestry Advisory Committee. Such
erosion and sedimentation control plan may be referred to the Middlesex
County Soil and Water Conservation District or the Forestry Division
of the Department of Environment Protection for technical review or
advisory opinion.
(c)
Narrative description of:
[1]
Type and number of vehicles to be used on the site.
[2]
Proposed vehicular access to the site.
[3]
Starting and completion dates and hours of days proposed for operation
on the site.
[4]
Hours of operation, which are to be between 7:00 a.m. and 6:00 p.m.,
Monday through Saturday, unless modified and approved by the Commission.
(d)
Appropriate fee.
A.
The cutting,
removal or harvesting of frees or forest products may be permitted
by the Commission subject to review of items required in these regulations.
Of particular importance will be documentation that the proposed operation
will comply with sedimentation and erosion control measures and notification
of abutting property owners.
B.
The following
administrative procedures shall apply to timber cutting operations
where the timber cutting permit approval from the Wetlands Enforcement
Officer or where a timber cutting permit from the Commission is required:
(1)
Ten
days before the start of work, the Wetlands Enforcement Officer will
be notified and a site inspection will be scheduled.
(2)
Property
boundaries adjacent to all cutting areas will be flagged in the field
at reasonable intervals, but not more than 50 feet, at least 10 days
before the start of work, and trees to be removed within 25 feet of
the boundary will be marked.
(3)
Major
logging roads and side trails within 50 feet of a stream, wetland
boundary or property boundary will be flagged in the field 10 days
before the start of work.
(4)
The
landowner shall notify the Wetlands Enforcement Officer upon completion
of the harvest, at which point any corrections necessary to correct
erosion and sedimentation control problems will be carried out.
(5)
All
skidding and loading operations shall be on private property unless
otherwise approved by the Commission.
(6)
The
burden of proof concerning any dispute on the amounts of wood cut
shall rest with the landowner and shall be resolved by a professional
forester. The Commission may impose more stringent cutting requirements.