[HISTORY: Adopted by the Inland Wetlands and Watercourses Commission of the Town of Willington 6-25-2018; amended 3-4-2019, eff. 6-1-2020. Subsequent amendments noted where applicable.[1]]
[1]
Editor's Note: The codification of the Forest Practices Regulations as Chapter 300 of the Code of the Town of Willington was approved by the Inland Wetlands and Watercourses Commission on December 22, 2025, effective January 1, 2026.
[Amended 12-22-2025, eff. 1-1-2026]
A. 
The purpose of these regulations is to protect the forest land within the Town of Willington's jurisdiction by governing the conduct of forest practices, including, but not limited to, the harvest of commercial forest products and other such matters as the Town of Willington's Inland Wetlands and Watercourses Commission deems necessary to carry out the provisions of these regulations. These regulations are meant to achieve the following purposes and policies:
(1) 
Afford protection to and improvement of air and water quality;
(2) 
Afford protection to forests from fire, insects, disease and other damaging agents;
(3) 
Afford protection to and promote the recovery of threatened and endangered species regulated pursuant to C.G.S. Chapter 495;
(4) 
Encourage the harvesting of forest products in ways which result in no net loss of site productivity and which respect aesthetic value;
(5) 
Assure that forest practices are conducted in a safe manner;
(6) 
Provide a continuous supply of forest products from a healthy, vigorous forest resource;
(7) 
Promote the sound, professionally guided, long-term management of forested land and forest resources, considering both the goals of ownership held by the forest owner and the public interest;
(8) 
Encourage the retention of healthy forest vegetation whenever possible as forested lands are converted to nonforest uses or developed for recreational, residential or industrial purposes; and
(9) 
Provide the Commissioner of Energy and Environmental Protection with essential data on pressures and influences on forest resources Town-wide and on the rate of loss of forested lands.
B. 
These regulations shall be known as the "Forest Practices Regulations of the Town of Willington/Inland Wetlands and Watercourses Commission."
C. 
The Inland Wetlands and Watercourses Commission of the Town of Willington was established in accordance with an ordinance adopted April 28, 1986. A Special Town Meeting of the Town of Willington adopted a resolution that authorized the Commission to regulate forest practices pursuant to C.G.S. § 23-65k on June 20, 2017.
D. 
These regulations have been adopted and may be amended, from time to time, in accordance with changes in C.G.S. Chapter 451A, Forest Practices, or regulations of the Connecticut Department of Energy and Environmental Protection or as new information regarding forest practices becomes available and may be amended, from time to time, in accordance with the provisions of § 300-13 of these regulations.
E. 
These regulations shall apply to all forest practices on all tracts located in the Town of Willington, Connecticut, except for state-owned forest land managed by the State of Connecticut's Department of Energy and Environmental Protection.
As used in these regulations, the following definitions apply:
ABUTTING LANDOWNER
The owner of record of any property adjacent to the subject property, including properties across a street or other right-of-way.
ACT
The Connecticut Forest Practices Act, C.G.S. §§ 23-65f through 23-65q, as the same may be amended.
APPLICANT
A person who files an application.
APPLICATION
Application for a harvest of commercial forest products on a form filed with the Commission.
AUTHORIZED ACTIVITY
Any activity authorized by the Commission pursuant to these regulations.
BEST MANAGEMENT PRACTICES
A practice, or combination of practices, that is determined to be an effective and practical (including technological, economic and institutional considerations) means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with water quality standards. At a minimum, all activities are to be carried out in accordance with the 2012 Connecticut Field Guide: Best Management Practices for Water Quality While Harvesting Forest Products, or as amended/updated.
[Amended 12-22-2025, eff. 1-1-2026]
BUFFERS
An area that serves as a protective barrier and in which no activity shall occur unless, however, there is cause and a demonstrated need to conduct an activity when concern for public safety is raised where trees have been severely weakened and/or impacted by insects, disease, drought, or invasive vegetative species or as allowed by these regulations.
CERTIFIED FOREST PRACTITIONER
An individual certified as a forester, supervising forest products harvester or forest products harvester in accordance with C.G.S. § 23-65h, as the same may be amended.
CLEAR-CUT
The practice of harvesting of timber in a fashion in which all or substantially all trees greater than a two-inch DBH are harvested.
COMMERCIAL FOREST PRACTICES
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 products.
COMMERCIAL FOREST PRACTITIONER
Any person who engages in commercial forest practices.
COMMERCIAL FOREST PRODUCTS
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.
COMMISSION
The Inland Wetlands and Watercourses Commission of the Town of Willington.
COMMISSION MEMBER
A member of the Inland Wetlands and Watercourses Commission of the Town of Willington.
COMMISSIONER OF ENERGY AND ENVIRONMENTAL PROTECTION
The Commissioner of the State of Connecticut's Department of Energy and Environmental Protection (DEEP).
CONVERSION OF FOREST LAND
Any alteration of the forest to another use, such as, but not limited to, pasture, building site, driveway, lawn or viewshed.
DBH
Diameter as measured at breast height, breast height being a point 4 1/2 feet from the tree's median base elevation.
DESIGNATED AGENT
An individual(s) designated by the Commission to carry out its functions and purposes.
EMERGENCY FOREST PRACTICE
A forest practice initiated when immediate action is required to abate an imminent threat to public safety or the environment.
EROSION
Detachment and transportation of soil resulting from the action of water or wind.
EROSION CONTROL MEASURE
Defined procedures intended for controlling the detachment of soil, the movement of water and/or the deposition of sediment.
EXEMPT CONVERSION OF FOREST LAND
The conversion of forest land to other uses by the harvesting of trees and/or timber when such harvest and/or conversion involves less than one contiguous acre of land (43,560 square feet) and is undertaken in accordance with plans for an activity approved by the Planning and Zoning Commission, the Zoning Board of Appeals, Zoning Agent, and/or by the Commission, as applicable; provided, further, that not more than 1/2 acre of land (21,780 square feet) will be clear-cut pursuant to such harvest or conversion.
[Amended 12-22-2025, eff. 1-1-2026]
FLAGGING
The hanging or tying of brightly colored markers from trees within forest land at intervals such that flags are readily visible from flag to flag. Markers shall be placed so as to be visible from one another in all seasons; in addition, flagging may be used in a single location to designate a certain feature or object.
FORD
A crossing of a watercourse which is accomplished by traversing through, rather than over, the watercourse and without utilizing a bridge, culvert, fill, or structure to span the channel.
FOREST LAND
That portion of a parcel of land which constitutes a total of at least one contiguous acre on which there is no structure, maintained landscape area, accessway or other improvement and which is:
A. 
Occupied in random distribution by trees having a minimum diameter of three inches as measured from a point on the trunk which is 4 1/2 feet above the ground, such trees comprising at least 7 1/2 square feet of basal area and the crowns of such trees occupying no less than 15% of the total area; or
B. 
Which is planted with at least 500 trees per acre and is not maintained for Christmas tree or nursery stock productions.
FOREST PRACTICE
Any activity which may alter the physical or vegetative characteristics of forest land that is undertaken in connection with the harvest of commercial forest products, except that an exempt conversion of forest land as herein defined shall not constitute a forest practice under these regulations.
FOREST PRACTITIONER
Any person who engages in forest practices.
FOREST STAND
A contiguous group of trees of the same species, general age or ages, and condition so that such group constitutes a homogeneous and distinguishable unit.
HARVEST
To fell or excavate a tree, cut a tree to log length, transport a tree or log material to a landing or public road, or sort or stack log material at a landing.
HARVESTING AREA
The area from which a tree is harvested.
HIGHWAY
A publicly maintained street or road which is accessible by a two-wheel-drive automobile.
INTERMITTENT WATERCOURSES
Shall be delineated by a defined, permanent channel and bank and the occurrence of two or more of the following characteristics:
A. 
Evidence of scour or deposits of recent alluvium or detritus;
B. 
The presence of standing or flowing water for duration longer than a particular storm incident; and
C. 
The presence of hydrophytic vegetation.
LANDING
An area within or adjacent to a harvesting area where forest products are collected for processing, loading and transport.
LANDOWNER
A person with an ownership interest in forest land.
LICENSE
The whole or any part of a permit, certificate of approval or similar form of permission which may be required of any person by the provisions of these regulations.
MUNICIPALITY or TOWN
The Town of Willington.
OPERATING AREA
The specific area in which an authorized activity takes place or will take place at a site.
OPERATIONAL PLAN
A focused plan which deals strictly with the operational aspects of conducting the harvest of forest products. This plan would address, but not be limited to, the design and creation of access roads, felling techniques, erosion and sedimentation control, and protection of wetlands and watercourses.
OPERATOR
A person who has primary responsibility for directing a forest practice shall be a certified forest practitioner certified by the State of Connecticut in accordance with C.G.S. § 23-65h, as the same may be amended, as either a supervising forest products harvester or a forester.
PERENNIAL STREAM
A stream that has running water on a year-round basis under normal climatic conditions. This definition is not applicable to the state's inland wetlands and watercourses statutes[1] or Chapter 304, Inland Wetlands and Watercourses Regulations, of the Code of the Town of Willington.
PERMIT
The whole or any part of any license, certificate of approval or similar form of permission which may be required of any person by the provisions of these regulations under the authority of the Commission.
PERMITTEE
The person to whom such permit has been issued.
PERSON
Any individual, firm, partnership, association, corporation, limited liability company, company, organization or legal entity of any kind, including any political subdivision of the state and including any state agency.
RESIDUAL STAND
Trees remaining in a forest stand upon completion of a forest practice.
RUT
A groove, depression, or track worn into the soil by the passage of equipment or by other means.
SILVICULTURE PLAN
A plan written by a certified forester for the delineation of an operating area and the selection of trees for harvest within such operating area. A silviculture plan shall further the goals and objectives for the growth, composition, health and quality of the forest as stated by the landowner of the subject land on a sustainable basis. A silviculture plan shall have been derived from a comprehensive analysis of data pertaining to the capability of the operating area to grow trees and the species, size, quality, age and number of trees on the operating area. Further, such plan shall conform to commonly accepted principles of forestry, forest science and forest management.
SITE
Geographically contiguous forest land owned by the same person(s). Noncontiguous forest land owned by the same person(s) and connected by a right-of-way which such person(s) controls and to which the public does not have access shall be deemed the same site.
SKID ROAD
A temporary road(s) designed to move logs from the harvest area to a landing.
SKID TRAIL
A trail that is used to bring logs to a skid road or, on small harvests, directly to a landing.
SKIDDING
The transportation by any method of trees or log material from a harvesting area to a landing.
SLASH
Any residual woody material left on the site after a harvest operation and usually includes tree stems and branches.
SOIL STABILIZATION
The minimizing of soil erosion through best management practices in accordance with § 300-3 of these regulations.
STATE
The State of Connecticut.
SUBMERGED LANDS
Those lands which are inundated by water on a seasonal or more frequent basis.
TOWN WETLANDS REGULATIONS
Chapter 304, Inland Wetlands and Watercourses Regulations, of the Town Code, as the same may be amended from time to time.
TRACT
An area composed of one or more contiguous sites.
TREE
A woody perennial plant having one or more self-supporting stems or trunks, which has a definitely formed crown and is normally expected to attain a mature height of over 20 feet.
TRUCK ROADS
Those roads used to take logs from a landing to a public road.
VERNAL POOL
Any watercourse that meets the following criteria:
A. 
It is a depression that is permanent or seasonal, containing water for approximately two months during the growing season.
B. 
It occurs within a confined depression or basin that lacks a permanent outlet stream.
C. 
It lacks any fish population.
D. 
It dries out most years, usually by late summer.
E. 
It supports the successful breeding and development of at least one of the following obligate animal species: wood frog, spotted salamander, Jefferson salamander/blue-spotted salamander complex, marbled salamander, or fairy shrimp pursuant to the proposed vernal pool definition/indicators of the Department of Environmental Protection, Bureau of Water Management, in the letter dated February 15, 2000.
WATERCOURSES
Rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs and all other bodies of water, natural or artificial, vernal or intermittent, public or private, which are contained within, flow through or border upon the Town or any portion thereof not regulated pursuant to C.G.S. §§ 22a-28 through 22a-35, inclusive.
WETLANDS
Land, including submerged land as defined in this section, not regulated pursuant to C.G.S. §§ 22a-28 through 22a-35, inclusive, which consists of any of the soil types designated as poorly drained, very poorly drained, alluvial, and floodplain by the National Cooperative Soil Survey, as may be amended from time to time, of the Natural Resources Conservation Service of the United States Department of Agriculture. Such areas may include filled, graded, or excavated sites which possess an aquic (saturated) soil moisture regime as defined by the United States Department of Agriculture National Cooperative Soil Survey.
[1]
Editor's Note: See C.G.S. § 22a-36 et seq.
[Amended 12-22-2025, eff. 1-1-2026]
When conducting any commercial forest practice, the operator shall assure compliance with the following requirements unless otherwise authorized in writing by the Commission:
A. 
Operational plan. An operational plan shall be developed for any commercial forest practice and all activities are to be carried out in accordance with the 2012 Connecticut Field Guide: Best Management Practices for Water Quality While Harvesting Forest Products, or as amended/updated, and all other subsections found in § 300-3 of these regulations. The operational plan shall include, at a minimum:
(1) 
Existing and/or planned forest access systems (roads, trails, landings).
(2) 
Stream crossings.
(3) 
The location of streams, brooks, ponds, vernal pools and any other wetland or body of water.
(4) 
Areas of special concern.
(5) 
Danger or hazard areas.
B. 
Buffers.
(1) 
Buffers shall be maintained adjacent to the operating area as follows:
(a) 
A buffer of a minimum of 50 feet in width surrounding a vernal pool.
(b) 
A buffer of a minimum of 10 feet in width from the edge of any existing public right-of-way.
(c) 
A buffer of a minimum of 30 feet in width along any watercourse where the first 15 feet in width beginning at the watercourse shall remain undisturbed, unless separately authorized by an approved permit from the Inland Wetlands and Watercourses Commission; and from 15 feet to 30 feet, trees may be harvested, provided at least 50% canopy cover remains.
(2) 
Trees associated with an approved wetland crossing may be removed as necessary.
(3) 
If more than one buffer is required under § 300-3B(1), such buffer shall be the widest therein required.
(4) 
No landing, truck road, or skid road, other than a ford or other crossing, shall be established within the buffer along a watercourse. The Commission may consider a waiver based on site conditions that may constrain entry onto the site, i.e., as in the case of a backlot.
C. 
Erosion.
(1) 
If erosion occurs as a result of a forest practice, additional erosion control measures shall be established as the Commission may require, including, without limitation, the installation of silt fences, invasive-free straw, detention basins, riprap, topsoil, invasive-free mulch, or seeding with herbaceous cover appropriate to the time of year. Such stabilization shall be maintained during the conduct of the forest practice and left in a functional condition upon termination of such forest practice; however, the Commission reserves the right to require that the original grade be restored. The Commission may require a sedimentation and erosion control bond.
(2) 
Any portion of the property used for access and/or landings as depicted on the approved site plan shall be stabilized by seeding with native herbaceous cover appropriate for the time of year. Seeding shall be carried out so as to assure germination and effective cover. If such cover is disturbed by rain or other conditions, invasive-free mulch, straw or other appropriate protective measures shall be applied in sufficient quantity and intervals to assure germination and survival. If seeding cannot be completed because of weather conditions, then invasive-free mulch, straw or other similarly effective protective measures shall be applied to the area until weather conditions permit seeding. Any temporary structures for river, stream or brook crossings shall be removed.
(3) 
In addition to the foregoing, the Commission may require the implementation of soil erosion control measures such as those enumerated in § 300-3C(1) above with respect to any disturbed area upon termination of the forest practice.
D. 
Wetlands and watercourses (as defined in Chapter 304, Inland Wetlands and Watercourses Regulations).
(1) 
If disturbance is proposed in a regulated area, as defined in Chapter 304, Inland Wetlands and Watercourses Regulations, an application to conduct a regulated activity must be submitted prior to or simultaneously with an application to conduct commercial forest practices.
(2) 
No wetlands except wetlands comprised of soils described in the Soil Survey of the State of Connecticut dated July 15, 2005, or as amended, published by the United States Department of Agriculture Natural Resources Conservation Service as being floodplain soils shall be used as a landing.
(3) 
Every effort shall be made to locate and use alternative routes to avoid crossing a watercourse or wetland in the course of conducting a forest practice.
E. 
Accessways. All truck roads providing access to Town-maintained roads shall apply for a permit[1] from the Town's Department of Public Works and shall be designed to:
(1) 
Not damage Town road surfaces and shoulders.
(2) 
Not damage and to prevent blockage of existing drainage systems.
(3) 
Prevent the erosion of soils from the logging area and roads onto Town roads or into existing drainage systems.
[1]
Editor's Note: So in original.
F. 
Slash.
(1) 
All slash resulting from a forest practice shall be placed so as to prevent it from entering, by erosion, high water, or other natural forces, into a perennial stream. Slash which enters a perennial stream shall be removed immediately.
(2) 
Slash shall not be placed closer than 10 feet to any boundary of an abutting property. If slash is to be stacked, then it shall not be stacked to a height not to exceed 10 feet.[2]
[2]
Editor's Note: So in original.
G. 
Site markings.
(1) 
All trees within 15 feet of a property line or watercourse, planned to be removed, shall be visibly marked.
(2) 
Property lines shall be marked at a minimum of every 50 feet. All property corners shall be marked as to be visible from the abutting property.
(3) 
Site markings shall also be used for each operational design feature such as landings, roads, or buffer areas.
H. 
Suspension of forest practice. Once commenced, if the operator suspends a forest practice and intends to suspend such practice for longer than 30 consecutive days, or if a forest practice has been suspended for longer than 30 consecutive days, the operator shall immediately stabilize all associated landings, truck roads, skid roads, skid trails, and watercourse crossings by means of erosion control measures as deemed necessary by the Commission or its designated agent. If the completion of stabilization measures is not possible due to weather conditions, the operator shall complete such temporary stabilization measures as are appropriate until such time as weather conditions permit the full implementation of stabilization measures. Prior to recommencing such forest practice, the operator shall comply with all applicable requirements of these regulations. Notification shall be given to the Commission upon suspension and recommencement.
I. 
Hours of operation. Harvest operations may only be conducted during the hours of 7:00 a.m. through 7:00 p.m.
J. 
Completion of forest practice. Within 30 days of completion of activities, the operator shall complete all stabilization measures required for the closure of truck roads, skid roads, skid trails, landings, and watercourse crossings upon completion of the forest practice or when such haul roads, skid roads, skid trails, landings, and watercourse crossings are no longer used in the conduct of the forest practice, whichever is earlier. If permanent stabilization measures are not possible due to weather conditions, the operator shall complete such temporary stabilization measures as deemed appropriate by the Commission or its designated agent until weather conditions permit implementation of permanent stabilization measures.
No prior application shall be required pursuant to § 300-5 for an emergency forest practice necessitated by and commenced during or immediately after a fire, flood, earthquake, or other catastrophic event. Any forest practice conducted under this § 300-4 is subject to the requirements of these regulations, except that the landowner may take any reasonable action to minimize damage to forest lands, timber, or other forest resources from the direct or indirect effects of the catastrophic event. If such emergency forest practice is a commercial forest practice, the landowner shall notify the Commission within 48 hours of commencing such practice and provide an explanation of such emergency action and the necessity for such action. The landowner shall file an application pursuant to § 300-5 within 10 days of commencing any emergency forest practice if such practice involves a harvest of commercial forest products.
A. 
Scope of application. An applicant shall, on one application, seek approval for every forest practice at a single site and for a one-time period for which forest practice(s) the applicant seeks authorization under this section. The application shall contain information as is necessary whereby a fair and informed decision can be made by the Commission.
B. 
Fee.
(1) 
The application fee shall be submitted with an application form.
(2) 
See § 300-12, Application fees, of these regulations for more information and requirements.
C. 
Application form.
(1) 
Any person intending to conduct a regulated activity or to renew or amend a permit shall apply on forms prescribed and provided by the Commission and shall include the following:
(a) 
Legal name(s), address(es), email and telephone number(s) of the landowner(s) of record of the land upon which the proposed forest practices are to occur.
(b) 
Legal name, address, email and telephone number of the applicant, if different from the landowner. If the applicant is a certified forest practitioner, provide the applicant's certification number. If the applicant is a corporation or a limited partnership, provide the exact name as registered with the Connecticut Secretary of the State.
(c) 
Legal name, address, email and telephone number of the applicant's attorney-in-fact or other legally empowered representative, if applicable.
(d) 
Legal name, address, email, telephone number and certification number of any certified forest practitioner(s) retained by the applicant to prepare the application or to design, manage, or conduct the forest practice.
(e) 
Legal name, address, email, telephone number and, if applicable, the forest practitioner certification number of the operator. Where the operator is unknown at the time the application is filed with the Commission, such information shall be provided to the Commission no later than three days prior to the commencement of the forest practice.
(f) 
Address of the site, where there is an address; otherwise, reference should be made to the Tax Map of the Town, specifying map, block and lot number.
(g) 
The estimated duration of the subject forest practice.
(h) 
A description of the subject forest practice, including the estimated commencement date of such practice.
(i) 
An operational plan.
(j) 
A description of each forest stand to be harvested, including species designated by the Connecticut Department of Energy and Environmental Protection as endangered, threatened or species of special concern and, if present, the steps that will be taken to protect them, if requested by the Commission.
(k) 
The color(s) of flagging materials or paint to be used shall be identified in the operational plan and on the site plan.
(l) 
A description of the method of site marking to be used at the site and the color(s) to be,[1] changing the color of flagging used to mark each operational design feature such as landings, road, trails, buffer areas, etc., and a general description of the size, species, quantity and quality of trees within the residual stand.
[1]
Editor's Note: So in original.
(m) 
Maps.
[1] 
A map of the site ("site map") of a scale sufficient to identify the following: each proposed operating area; all legal boundaries of each such site; each proposed skid road, landing, and haul road; crossings; each wetland and/or watercourse, including vernal pools, which is within such operating area or which is outside such area but may be impacted by the subject forest practice(s); the boundaries of each operating area; any dwelling or other structure of any kind, if present; and the map/block/lot number(s) of the site from the Town's Assessor's records. If other software and/or site plans are not available, a "GIS" map may be used.
[2] 
Unless otherwise specified, all maps included with an application shall include an electronic version and paper copies which shall be at least 8 1/2 inches by 11 inches in size and shall include a North arrow, the scale of the map, a readily identifiable land feature on a public road, a map legend, and a location map showing the parcel to be harvested in relation to nearby highways. The Commission or its agent(s) may grant a waiver to allow for the map to be on a second page.
[3] 
A photo log of pictures, including all areas of preharvest, proposed crossings, and landings shall be labeled.[2]
[2]
Editor's Note: So in original.
(n) 
Authorization for the members and agents of the Commission to inspect the subject land, at reasonable times, during the pendency of an application and for the life of the permit.
(o) 
List of abutters, as defined by these regulations.
(p) 
Any other information the Commission or its agent deems necessary to understand what the applicant is proposing and to determine possible impacts to the forested area.
(q) 
The signature of a certified forester or a supervising forest products harvester as certified in accordance with C.G.S. § 23-65h, as the same may be amended, who shall certify, in writing, the following:
"I certify that, based on reasonable investigation, the forest practices which are the subject of this application are consistent with the requirements of the Forest Practices Regulations of the Willington Inland Wetlands and Watercourses Commission to the best of my knowledge and belief."
(r) 
The signature(s) of the landowner(s) of record upon which the forest practices are to occur;[3] the applicant, if different; and the individual(s) who is responsible for actually preparing the application, each of whom shall certify, in writing, the following:
"I have personally examined and am familiar with the information submitted in this document and all attachments thereto, and I certify that, based on reasonable investigation, including my inquiry of those individuals responsible for obtaining the information, the submitted information is true, accurate and complete to the best of my knowledge and belief."
[3]
Editor's Note: So in original.
(2) 
Applications not containing the information listed in § 300-5C may be denied by the Commission. However, the Commission may waive one or more of the foregoing requirements for good cause.
D. 
All information submitted in the application shall be considered factual or, in the case of anticipated activity, binding. A knowing failure on the part of the applicant or any of his/her agents to provide correct information or performance exceeding the levels of anticipated activity shall be sufficient grounds for the revocation of any permit issued under these regulations.
E. 
The primary submittal is electronic. In addition, the Commission or agent may require in-person copies to be submitted of any and all material.
F. 
Notice to abutting landowners. The applicant shall send a notice to abutting landowners (as defined in these regulations) of the operating area. Such notice shall be sent certified or with a certificate of mailing no more than seven days after filing the application. Proof of mailing is required at the time of the Commission's first meeting. The name and address of the abutting landowners shall be determined from the current municipal Tax Maps and/or assessment records. Such notice shall include the following:
(1) 
Legal name(s), address(es), and signature(s) of the landowner(s) or the applicant, if the applicant is different than the landowner.
(2) 
A copy of the site map filed with the application.
(3) 
A statement that an application has been filed with the Commission pursuant to the Forest Practices Regulations of the Willington Inland Wetlands and Watercourses Commission, seeking authorization to conduct a forest practice, and shall include the meeting date that the matter will be on the Commission's agenda.
G. 
Where to file an application. An application shall be filed with the Commission at the following address:
Willington Inland Wetlands And Watercourses Commission
40 Old Farms Road
Willington, CT 06279
H. 
Correction of inaccuracies. Within 15 days of the date an applicant becomes aware of a change in any information in his or her application or notice or in any material provided in support thereof, or becomes aware that any such information is or was inaccurate or misleading or that any relevant information has been omitted, such applicant shall correct the inaccurate or misleading information or supply the omitted information, in writing, to the Commission. The provisions of this subsection shall apply both while a request for approval of application is pending and after the Commission has approved such request.
I. 
Additional information. The Commission may require an applicant to submit additional information which the Commission reasonably deems necessary to evaluate the consistency of the subject activity with the requirements for authorization under these regulations.
[Amended 12-22-2025, eff. 1-1-2026]
A. 
Consideration for decision. The Commission may consider the following in making its decision on an application:
(1) 
How the proposed activity aligns with the practices outlined within the 2012 Connecticut Field Guide: Best Management Practices for Water Quality While Harvesting Forest Products, or as amended/updated.
(2) 
The submitted application and its supporting documentation.
(3) 
Reports and formal comments or any other relevant documentation as it relates to the proposed activity from other agencies and commissions. Nonreceipt of comments from agencies and commissions as described above within the prescribed time shall neither delay nor prejudice the decision of the Commission.
B. 
Action by the Commission.
(1) 
The Commission may deny without prejudice an application if it finds that it is incomplete. The Commission may also deny an application if it finds that it is inconsistent with the requirements of these regulations; provided, however, no such application shall be so denied without having such rejection reviewed by a forester certified by the Department of Energy and Environmental Protection retained by the Commission for that purpose. Upon written request of the applicant, a forester certified by the Department shall review and make recommendations to the Commission on any application to conduct forest practices. The costs associated with any review provided for in this section shall be borne by the applicant, provided in no event shall the total of fees and costs paid by the applicant in connection with an application to conduct forest practices exceed the standard fee which is charged by the Department of Energy and Environmental Protection for a similar application. Any application refiled after such a rejection shall be accompanied by the fee specified in § 300-12 of these regulations.
(2) 
The Commission may disapprove an application if it finds that the subject forest practice is inconsistent with the requirements of C.G.S. §§ 23-65f through 23-65q, as the same may be amended, or these regulations or for any other reason provided by law.
(3) 
Disapproval of an application under this subsection shall constitute notice that the subject forest practice may not be conducted.
(4) 
The Commission may approve an application with reasonable conditions. If the Commission approves an application with conditions, the applicant shall be bound by such conditions as if they were a part of these regulations.
(5) 
Rejection, disapproval or approval of an application shall be in writing and shall be mailed to the applicant by certified mail, return receipt requested.
(6) 
The Commission shall reject, disapprove or approve a complete application within 65 days of its receipt, provided that the applicant may consent to one or more extensions of time, provided that the total of all such time extensions shall not exceed 65 days. Date of receipt of an application shall be the day of the next regularly scheduled meeting immediately following the day of submission, or 35 days after such submission, whichever is sooner. Such notice shall state the reason for and duration of such extension. Failure of the Commission to act on an application within the required time period shall not be considered an approval of such application. The time limits set forth in this subsection shall be tolled during the review of an application denial by a forester designated by § 300-6B of these regulations.
(7) 
Upon approval of the application and prior to issuance of a permit, the applicant may, at the discretion of the Commission, be required to file a bond with such surety in such amount and in a form approved by the Commission and Town Treasurer. The bond or surety shall be conditioned on compliance with all provisions of these regulations and the terms, conditions and limitations established in the permit. The bond shall be available to be drawn upon should the Commission incur expenses related to erosion control, site remediation, or other measures to bring a forest practice into compliance with these regulations or any permit issued hereunder.
(8) 
Aggrieved parties may appeal any decision of the Commission in accordance with C.G.S. §§ 23-65q and 4-183.
C. 
Signage. The operator shall post a copy of the permit so that it is readily visible to view from the nearest public road to the primary landing or main haul road entrance of the site. The copy of the permit shall be posted prior to the commencement of the forest practice and shall remain posted until the termination of the permitted forest practice.
D. 
Validity of permit. A permit shall be valid for a minimum period of one year and a maximum of three years. If the permittee wishes to renew such permit, he or she shall, at least 30 days prior to its expiration date, notify the Commission. The Commission may renew the permit for one year without additional fee. Such renewal shall be in writing.
E. 
Additional requirements.
(1) 
Upon filing an application, the applicant shall identify the location and bounds of the proposed operating area, forest practice(s), buffers, landings, haul roads, and stream crossings by flagging or painting.
(2) 
The permittee and the operator shall conduct the forest practice at the site in accordance with the approved permit, these regulations, and all other applicable laws.
(3) 
The operator shall assure that each individual who participates in the subject forest practice is thoroughly familiar with the information contained within the permit.
(4) 
The operator shall notify the Commission within 10 days of the completion of the approved forest practice.
(5) 
The Commission shall annually report to the Commissioner of Energy and Environment Protection its decisions on applications, orders, or other actions.
(6) 
No permit issued by the Commission shall be assigned or transferred without the written permission of the Commission.
F. 
Reliability of application. In evaluating an application, the Commission relies on information provided therein. If such information should prove to be false or incomplete, the approval may, after notice to the permit holder and the opportunity to be heard, be suspended or revoked in accordance with law, and the Commission may take any other legal action provided by law.
G. 
Duty to provide information. If the Commission requests any information pertinent to an approved application or to compliance with these regulations, the applicant shall provide such information in the requested format within 30 days of such request, and the time period specified in § 300-6B(6) above shall be tolled pending receipt by the Commission of such requested information.
H. 
Duty to correct and report violations. Upon learning of a violation of these regulations, the permittee and the operator shall immediately take all reasonable action to determine the cause of such violation, to correct the results of such violation, and to prevent further such violation, and the permittee shall report, in writing, such violation and such corrective action to the Commission with five days of the discovery by either the permittee or the operator of such violation.
[Amended 12-22-2025, eff. 1-1-2026]
No less than 10 days before commencing a conversion of forest land, as defined in § 300-2 of these regulations, the owner(s) of record of the forest land shall submit notice of the conversion to the Commission. The notice shall be on a form provided by the Commission and shall include:
A. 
The map, block, and lot number(s) of the tract, as recorded by the Assessor's office in the municipality where the tract is located;
B. 
The number of acres of forest land to be converted to other uses;
C. 
The month and year when the removal of forest vegetation from the tract is anticipated to begin; and
D. 
Copies of documents granting formal approval of the conversion of forest land to other uses by the Planning and Zoning Commission, Zoning Board of Appeals, Zoning Agent, and/or the Commission, as the case may be.
If the Commission believes that an on-site inspection is necessary, the Commission may require the following of the property owner/applicant:
A. 
To schedule, within a reasonable time frame, a site inspection with Town staff.
B. 
To coordinate and schedule, within a reasonable time frame, with the Connecticut Department of Energy and Environmental Protection's Bureau of Natural Resources and Town staff a site inspection.
C. 
To require the applicant or property owner to provide confirmation of comprehensive property liability insurance which covers injury to persons and damage to property which may result from the entry of authorized persons for site walks, inspections or other purposes in connection with the application and proposed operation.
A. 
The Commission may appoint an agent or agents to act in its behalf with the authority to inspect property, except the interior of a private residence, and issue notices of violation or cease and desist orders and carry out other actions or investigations necessary for the enforcement of these regulations. In carrying out the purposes of this section, the Commission or its duly authorized agent shall take into consideration the criteria for decision under § 300-6 these regulations.
B. 
The Commission or its agent may make regular inspections, at reasonable hours, of all regulated activities for which permits have been issued under these regulations.
C. 
If the Commission or its agent finds that any person has violated any provision of these regulations, or has violated any provision or condition of any permit issued pursuant to these regulations, the Commission may:
(1) 
Issue a written order to such person to take such action as is necessary to correct and abate such violation or to otherwise comply with such statutes, regulations or permit conditions. Each such order shall be sent 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 30 days of the date such order or decision is issued, request a hearing before the Commission. The Commission shall not grant any request for a hearing at any time thereafter. After such hearing, the Commission shall consider the facts presented to the Commission by such person, shall consider the rebuttal or other evidence presented to or by the Commission or its agent, 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 Commission may, after such hearing or any time after the issuance of such order, modify such order by agreement or extend the time schedule therefor if the Commission 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. Any subsequent appeal shall be taken pursuant to C.G.S. §§ 23-65q and 4-183.
(2) 
Issue a notice of violation to such person conducting such activity or maintaining such condition, stating the nature of the violation and the jurisdiction of the Commission and prescribing the necessary action and steps to correct the violation, including, without limitation, halting work. The Commission may request that the individual appear at the next regularly scheduled meeting of the Commission to discuss the unauthorized activity and/or provide a written reply to the notice or file an application for the necessary permit. Failure to carry out the action(s) directed in a notice of violation may result in issuance of the order provided in § 300-9C(1) or other enforcement proceedings as provided by law.
D. 
If any person fails to comply with any provision of these regulations, or with any provision or condition of any permit or order issued pursuant to these regulations, the Commission, in accordance with C.G.S. § 23-65m, may bring an action in the Superior Court for the Judicial District of Tolland to enjoin such person to comply fully with said provisions of these regulations and with the provisions or conditions of any permit or order adopted or issued hereunder.
E. 
If any person violates any provision of these regulations, or any provision or condition of any permit or order issued pursuant to these regulations, the Commission may institute a civil action to recover civil penalties as provided for in C.G.S. § 23-65n. The maximum civil penalty for each violation shall be $5,000. The civil penalty shall be assessed and fixed by the court. Each violation shall be 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.
Nothing in these regulations shall relieve any person of the obligation to comply with any other applicable federal, state and local law, including but not limited to the obligation to obtain any other authorizations or permits required by such law.
A. 
If there is a conflict among the provisions of these regulations, the provision which imposes the most stringent standards shall govern. The invalidity of any word, clause, sentence, section, part, subsection, subdivision or provision of these regulations shall not affect the validity of any other part which can be given effect without such invalid part or parts.
B. 
If there is a conflict between the provisions of these regulations and the provisions of the Act, the provisions of the Act shall govern.
A. 
Method of payment. All fees required by these regulations shall be submitted to the Town of Willington at the time the application is filed with the Commission.
B. 
No application shall be granted or approved by the Commission unless the correct application fee is paid in full unless waived as outlined below.
C. 
The application fee is not refundable.
D. 
Fee schedule.
(1) 
Application fees shall be based on the following schedule:
(a) 
With silviculture plan: $75.
(b) 
Without silviculture plan: $150.
(2) 
There is no state land use fee for forest practices (C.G.S. Chapter 451A).
E. 
Exemption. Boards, commissions, councils and departments of the Town of Willington are exempt from all fee requirements.
F. 
Waiver. For forest practices applications that also require an inland wetlands and watercourses application, the applicant may petition the Commission to waive payment of the forest practices application fee. The Commission or its agent may waive the application fee if the Commission or its agent determines that the proposed activity is being substantially addressed through the wetlands permit application process. The Commission or its agent shall state upon its record the basis for all actions under this subsection.
These regulations and any amendments are effective upon filing with the office of the Town Clerk and publication of a notice of such filing in a newspaper having a general circulation in the Town of Willington.