You asked (1) to compare Connecticut's fines for forest practice violations with those of other states; (2) if any regulations limit the state Department of Environmental Protection (DEP) from competing with private sellers in the sale of wood products; (3) why the definition of forest land used for tax purposes differs from that used for forestry practices, and if this inconsistency must be corrected; and (4) if legislation to protect forest land, similar to that for farmland, has been proposed in recent years.

SUMMARY

In Connecticut, a person may be fined up to $ 5,000 for a violation of forest practices law. A similar violation in Rhode Island draws a maximum fine of $ 500. In Massachusetts, people who harvest forest products without a license can be fined up to $ 500, while those who fraudulently try to obtain a license can be fined up to $ 1,000. New York does not certify or register foresters, although town ordinances and local laws regulate harvesting and fines.

There are no regulations limiting the DEP from competing with private sellers of commercial forest products, but DEP does not believe there is a need for such regulations.

The law requires individuals to own at least 25 acres of forest land to qualify for tax relief, but only one acre to be subject to laws regulating forest practices. It is likely that this difference reflects the legislature's intent to limit the number of property owners eligible for tax relief, and maximize the number of land owners subject to the law protecting state woodlands.

Several programs are meant to preserve forest land. These are described in detail in OLR Reports 96-R-1031, 98-R-0836, and 2001-R-0830, attached.

PENALTIES FOR VIOLATIONS OF FORESTRY PRACTICES

Connecticut

Forest practices are any activities that alter the physical or vegetative characteristics of forest lands, other than those done in connection with development that has been approved by local land use agencies (CGS §23-65f(7)). The purpose of the Forest Practices Act (CGS §§ 23-65f through 23-65q) is to protect forests, air and water quality and endangered and threatened species; provide a continuing supply of forest products; ensure that harvesting is conducted safely; and promote the long term management of forest lands. The act authorizes the DEP commissioner to achieve these purposes by certifying forest practitioners and adopting regulations governing the harvesting of commercial forest products.

The act bars uncertified individuals from engaging in commercial forest practices. The commissioner may deny, suspend or revoke a forest practitioner's certification for (1) violating forestry practices laws and regulations; (2) aiding, abetting, or conspiring with another to violate those laws; (3) allowing another person to use his certification; (4) making false or misleading statements during the investigation of a forest practices violation; or (5) committing a felony associated with the conduct of a regulated forest practice (CGS §23-65o). The act authorizes the commissioner to order compliance with its provisions, and to ask the attorney general to enjoin people to comply (CGS §§23-65l and 65m). Violators are subject to fines of up to $ 5,000 for each offense (CGS §23-65n).

Rhode Island

An individual, firm, or corporation who cuts or saws standing or growing trees, shrubs or vegetation for commercial forest products (except for the owner's domestic use) must be registered as a woods operator with the Rhode Island Department of Environmental Management (R. I. Gen. Laws §2-15-1). Violators are subject to a fine of between $ 100 and $ 500 (R. I. Gen. Laws §2-15-3).

Massachusetts

Individuals who harvest timber or other forest products without a license may be fined up to $ 500 (Mass. Gen. Laws Ch. 132, §46). An individual who fraudulently represents himself as a licensed forester; fraudulently obtains or attempts to obtain a license; or continues to practice forestry after the suspension, revocation or expiration of a license, is subject to a fine of between $ 500 and $ 1,000 (Mass. Gen. Laws Ch. 132, §48. )

STATE COMPETITION WITH PRIVATE SELLERS OF FOREST PRODUCTS

When DEP harvests timber from state land, it first designates the trees to be cut, and puts the actual harvesting out to bid by commercial forest practitioners. DEP's Doug Emmerthal says the department sold about 5. 6 million board feet of lumber last year. There are no regulations that limit DEP's ability to compete with private individuals in the sale of commercial forest products, but Emmerthal and others to whom we spoke do not believe that sales from state land depress the prices commercial sellers receive.

Emmerthal says the 5. 6 million board feet sold in FY 2001 represented only about 8% of about 70 million board feet sold, and that demand for lumber exceeds supply. DEP's Huber Hurlock states that mills have told him they can't get enough wood from the private sector. In addition, Hurlock points out that because the department's primary goal is to keep state forests healthy, it selects less healthy trees for harvesting first, rather than the more valuable trees that would bring a higher price. The department also sells its products even when prices are low (a time when private sellers may refrain from harvesting and selling).

DEFINITIONS OF FOREST LAND

In 1963, the legislature adopted PA 63-490, a tax relief program designed to reduce the financial pressure on owners of forest land to convert their property to other uses. A landowner is eligible for the program if the state forester finds his property qualifies as forest land. The property owner can then ask the town assessor to reassess the property based on its current use, rather than its market value. The property is subject to a conveyance tax if it is sold or its use changes within 10 years. This serves as an incentive for owners to apply for forest land classification only if they are committed to preserving that use of the property.

For the purposes of this law, forest land is defined as at least 25 acres bearing enough trees to constitute a forest area in the opinion of the state forester (CGS §12-107b(b)). This is a different definition than that of forest land in the Forest Practices Act. That act defines forest land as at least one acre of undeveloped land that (a) has extensive, randomly distributed mature trees, or (b) is seeded with at least 500 trees per acre. Christmas tree farms and nurseries are not considered forest land (CGS §23-65f(6)).

We could find no discussion of the different definitions in the legislative history of the Forest Practices Act. However, there is no requirement that the definitions be consistent, and it may be that different definitions better suit the state's interests. For example, the state may feel it appropriate to offer tax relief only to those who own a minimum of 25 acres of forest land because the state would lose a great amount of revenue if it were to provide tax breaks to everyone who owns an acre or more of forest land. Reducing the threshold also could encourage development, contrary to the law's intent.

On the other hand, if only property owners who own at least 25 acres of forest land were subject to the Forest Practices Act, fewer people would be subject to laws and regulations intended to preserve Connecticut's woodlands. The legislature could conclude that such a definition would not accomplish the purposes the law.

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