Wetlands and Forestry in Connecticut

The Inland Wetlands and Watercourses Act defines wetlands and watercourses separately. Wetlands means "land, including submerged land, which consists of any of the soil types designated as poorly drained, very poorly drained, alluvial, and floodplain by the National Cooperative Soils Survey of the Natural Resources Conservation Service of the United States Department of Agriculture." Watercourses means "rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs and all other bodies of water, natural or artificial".

How Is Agriculture in Connecticut Defined?

The terms "agriculture," "farming", and "forestry" are not defined in the Act. However, section 1-l(q) of the Connecticut General Statutes defines farming and agriculture to include: "cultivation of the soil, dairying, forestry, raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, including horses, bees, poultry, fur-bearing animals and wildlife.. " as well as " ..the operation, management, conservation, improvement or maintenance of a farm and its buildings..." and " . .construction, operation or maintenance of ditches, canals, reservoirs or waterways used exclusively for farming purposes..." Section 1-l(q) also defines aquaculture to include: "farming of the waters of the state and tidal wetlands and the production of protein food, including fish, oysters, clams, mussels and other molluscan shellfish, on leased, franchised and public underwater farmlands." The Connecticut Department of Agriculture has exclusive authority for granting or denying certain aquaculture permits.

How Is Forestry in Connecticut Defined?

Forestry is the science and practice of producing human benefits from the forest while protecting its long-term health and productivity. Clean water, wildlife habitat, recreational opportunities, firewood, timber and maple syrup are but a few examples of the many benefits forests provide to people. As noted above, forestry is included in the definition of farming and agriculture in section 1-l(q) of the Connecticut General Statutes.

Silviculture is the art and science of growing and tending forests for the production of wood and other benefits. Silviculture encompasses a wide range of practices intended to reproduce forest stands or to increase the growth rate, vigor, and value to trees. Numerous terms associated with forestry are defined in section 23-650 of the Forest Practices Act.

The Forest Practices Act requires forest practitioners to be certified by the Connecticut Department of Energy and Environmental Protection (DEEP) prior to conducting any commercial forest practices in Connecticut. The law requires that anyone who advertises, solicits, contracts, or engages in commercial forest practices within Connecticut at any time must have the appropriate certificate issued in accordance with the law. A forest practitioner certification is only required for activities which occur on forestland. To qualify as forestland under state regulations, the parcel, or portion of a parcel must be at least one contiguous acre on which there is no structure, maintained landscape area, access way or other improvements and which is occupied by a minimum number of trees as described in the law. There are three levels of certification offered: Forester, Supervising Forest Products Harvester, and Forest Products Harvester. In Connecticut, only a certified Forester is allowed to develop a silvicultural plan. Each level has a specific description of what activities they are permitted to do under the law. Contact the DEEP Forestry Division for further details on this program

What Agricultural and Forestry Activities Are Permitted as of Right Under Connecticut Law?

Many farming and forestry activities in wetlands and watercourses are permitted "as of right" and therefore are not regulated activities. The Act exempts the following activities from permit requirements whether such activities apply to existing operations and uses, or to new operations:

• Grazing
• Farming (including forestry)
• Nurseries
• Gardening
• Harvesting of crops (including silviculture activities).
• Farm ponds of three acres or less essential to the farming operation. This means that the pond is necessary and indispensable to sustain farming activities. It is important to note while the excavation of the pond itself may be exempt, disposal of the excavated material into adjacent wetlands may require a permit.
• Clearcutting of trees for the expansion of crop land.
• Construction of roads provided they are directly related to the farming or forestry operation.
• Erection of buildings provided they are directly related to the farming or forestry operation.
• Activities conducted by, or under the authority of, the DEEP for the purposes of wetland or watercourse restoration or enhancement or mosquito control. Some of these activities may be regulated under the Federal Clean Water Act.

How Can I Determine If My Agricultural and Forestry Activity Is Exempt Under Connecticut Law?

Your first step should be to contact the local Inland Wetlands Agency for a jurisdictional ruling. Inland Wetlands Agencies are entitled to review any non-state agency proposed activity which may impact a wetland or watercourse, and to request sufficient information about that activity to determine whether it is exempt. "Sufficient information" generally does not include everything that is normally required in a permit application for a regulated activity. A brief letter with backup documentation will often suffice. Detailed engineering plans, including soil scientist reports, are not usually required. However, you should consult the municipal regulations for specific requirements.

Documentation may include the following:

• A location map of your property (a photocopy of the U.S. Geological survey topographic map or town wetland map is ideal, but a town road map or sketch may suffice).
• A plan or drawing showing the location of wetlands, watercourses, areas currently farmed, building and road locations, and a sketch of what work you propose.
• Documentation that the use of the property is for agricultural purposes and that the work you propose is related to, or essential to, that activity.

For forestry proposals, documentation might include the following:

• Evidence that a certified professional forester is involved in planning and implementing the operation. Professional foresters must be certified by the Connecticut DEEP and provide copies of their certificate upon request.
• A silvicultural plan prepared by a certified professional forester. These plans are derived from careful analysis of the forest sites where the proposed activity will be conducted. They clearly state the goals of the proposed activity and details on its implementation, including best management practices that will be utilized to minimize impacts on wetlands and watercourses.
• A forest stewardship plan. These plans can provide strong evidence that the proposed operation is part of an overall plan to enhance forest health and productivity. Plans written by a professional forester show landowners how to gain such benefits from their forest.
• A sketch map or drawing showing the general location of wetlands and watercourses and the practice(s) to be performed. If a silvicultural plan has been prepared it will typically include such a map.

The DEEP encourages Inland Wetlands Agencies to provide expedited review procedures for "permitted as of right" agricultural or forestry activities. Providing good documentation will protect your rights under the law and will make it easier for the Inland Wetlands Agency to understand your proposal. If a determination is made that the project or a portion of it is not exempt, an application must be filed for a wetland permit with the appropriate plans and supporting documentation so the Inland Wetlands Agency can make an informed decision. Inland wetlands regulations specific to each town will identify what information is needed for a complete permit application. No new activity should proceed that may affect wetlands or watercourses until a permit has been issued, or until the agency has determined that the project is exempt. Agriculture and forestry actions can be subject to the enforcement authority of the Inland Wetlands Agency if subsequent actions deviate from that which was authorized.

It is important to remember that the Inland Wetlands and Watercourses Commission retains the right to make the determination, not the municipal agent nor the applicant.

Content last updated in February 2022.