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Sec. 22-26g. Noise-making devices used in agriculture to repel wildlife. Permits. (a) No person may use any noise-making device to scare or repel wildlife in order to prevent the damage and destruction of agricultural crops unless such person obtains a permit for each such device from the Commissioner of Agriculture. Notwithstanding any provision of the general statutes or any provision of a municipal ordinance, which ordinance is adopted after June 21, 1967, a person engaged in agriculture may make written application to the commissioner for such a permit on forms prescribed by the commissioner. The commissioner, or his designee, shall make an on-site inspection prior to making a final determination regarding an application for such permit. Prior to the issuance of such permit, the applicant shall provide evidence of the need for protection of his crops and a description of other methods employed to prevent crop damage. The term of the permit shall be for the period for which protection of the crops specified in the application is necessary.
(b) The application shall state (1) the type of noise-making device to be used, (2) the location of the farm where such device will be used, (3) the locations on the farm where such device will be used, (4) the animal causing damage, (5) the crops to be protected, (6) the hours and interval of operation, (7) the period for which protection is needed, and (8) the name, address and signature of applicant or landowner, if different.
(c) The commissioner may authorize the use of the following in permits issued under this section: Propane exploders, acetylene exploders, carbide exploders, electronic noisemakers and similar noise-making devices. The use of fire crackers and similar explosives is prohibited. No permit shall be issued for the use of any noise-making device for a property of less than five acres in area or for use within five hundred feet of any dwelling, other than the dwelling of the applicant for such permit, without the written consent of the occupants of such dwelling.
(d) No person may operate or allow the operation of noise-making devices pursuant to this section in excess of 80 dB peak sound pressure level from ten o'clock p.m. to seven o'clock a.m. local time or in excess of 100 dB peak sound pressure level from seven o'clock a.m. to ten o'clock p.m. local time. Such sound level shall be as measured from the property line of any receptor residential property.
(e) No noise-making device shall be used in any manner or in any location that may endanger public safety. Any noise-making device permitted under this section to repel or scare birds may only be operated from one-half hour before sunrise to one-half hour after sunset. Any such noise-making device used to repel or scare nocturnal or crepuscular marauding wild animals may be operated between sunset and sunrise.
(f) If the legislative body of any municipality adopts a resolution which states that there is undue hardship on nearby residents as a result of the use of any device permitted under this section, and which requests that the commissioner deny or cancel the right to use such device, the commissioner, in accordance with the provisions of chapter 54, may deny or cancel a permit to use such device if he determines that its use creates, or will create, an undue hardship on nearby residents. In making any such decision, the commissioner may consult with any county or state-wide advisory group he deems appropriate.
(g) The Commissioner of Agriculture may revoke a permit issued pursuant to this section for violation of any provision of this section provided the commissioner shall revoke such permit for not less than one year upon the third violation of this section by any such permittee.
(P.A. 93-222, S. 1, 3; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
For further information, please contact:
Charmaine Davis
Connecticut Department of Agriculture
Bureau of Regulatory Services
450 Columbus Boulevard, Suite 702
Hartford, CT 06103
phone ~ (860) 713-2508
fax ~ (860) 713-2515
email ~ Charmaine.Davis@ct.gov