Sec. 23-20. Powers and duties of commissioner. The Commissioner of Environmental Protection shall administer the statutes relating to forestry and the protection of
forests. The commissioner may employ such field and office assistants as may be necessary for the execution of his or her duties. The commissioner may, from time to time,
publish the forestry laws of the state and other literature of general interest and practical
value pertaining to forestry. The commissioner may enter into cooperation with departments of the federal government for the promotion of forest resource management and
protection within the state. The commissioner may, with the assistance of the State
Forester, develop and administer plans for the protection and management of publicly-owned woodlands. Such plans shall include, but not be limited to proposals for the
establishment of forest plantations and the marketing of forest products. The commissioner may apply to have publicly-owned woodlands or products from such woodlands
certified or licensed under one or more of the following, provided the commissioner
uses private funding from gifts, donations or bequests, as authorized in this section, for
the cost of all such applications: (1) The sustainable Forestry Initiative Program, (2) the
American Tree Farm System, (3) the Canadian Standards Association's Sustainable
Management System Standards, (4) the Finnish Standard, (5) the Forest Stewardship
Council, (6) the Pan-European Forest Certification Program, (7) the Swedish Standards,
(8) the United Kingdom Woodland Assurance Scheme, or (9) the Smart Wood Program,
as administered by the Rainforest Alliance. The commissioner shall implement any
sustainable forestry practice necessary for such certification or licensure. The commissioner may accept, on behalf of the Department of Environmental Protection, any gifts,
donations or bequests for the purposes of applying for and obtaining such certification
or licensure. The commissioner may harvest forest products from woodlands owned by
the state and take such other measures as he or she deems necessary for their efficient
management and protection, may sell wood, timber and other products from any state
woodlands whenever he or she deems such sales desirable and may develop recreational
facilities in the woodlands managed by the Department of Environmental Protection.
The commissioner shall charge no less than ten dollars per cord for any such wood or
timber sold as fuel. The commissioner may rent state forest property and buildings
thereon under his or her jurisdiction for a period not exceeding twenty-five years, provided any lease for such property and building for a term of more than ten years shall
be subject to the review and approval of the State Properties Review Board. The proceeds
of such sales, rentals and any receipts resulting from management of the state forests,
or from reimbursements from other state departments or state institutions, shall be deposited in the General Fund in accordance with the provisions of section 4-32, provided
the amount of annual proceeds in excess of eight hundred seventy-five thousand dollars
derived from the sale of wood, timber and other products from publicly-owned woodlands shall be deposited in the Conservation Fund, as established in section 22a-27h.
Expenditures incurred by the commissioner for the protection, management and development of the forests, the preparation and marketing of forest products and the acquisition of land for the extension and completion of the state forests as provided in section
23-21 shall be paid with moneys appropriated from the General Fund. The provisions
of this section shall not apply to land owned or managed by the state on which forest
resource management measures may be restricted by deed, statute, or incompatible use.
As used in this section, woodland means land owned or managed by a state agency and
stocked with forest tree species not less than six hundred stems per acre and at least one
year old.
(1949 Rev., S. 3446; 1949, 1951, June, 1955, S. 1864d; 1971, P.A. 872, S. 183; P.A. 74-83, S. 1; P.A. 81-354, S. 1, 4;
P.A. 82-142; P.A. 84-82; P.A. 04-115, S. 1.)
History: 1971 act transferred power to administer statutes concerning forests from state forester to commissioner of
environmental protection, deleted references to supervisory duties of state park and forest commission and its director
with regard to actions for which state forester was formerly responsible under section and replaced reference to the commission with reference to environmental protection commissioner; P.A. 74-83 substituted "personnel" for "men"; P.A. 81-354 required commissioner to charge no less than ten dollars per cord; P.A. 82-142 amended the section to expand land
available for forest resource management and sale of wood from state forests to state woodlands, defined "woodlands"
and authorized the commissioner of environmental protection to prepare forest management and protection plans without
a prior request where previously his actions were dependent upon request of state agencies and institutions or municipalities
if applicable; P.A. 84-82 extended the maximum duration of leases from two to twenty-five years and added a provision
requiring review by the state properties review board for leases of ten years or more; P.A. 04-115 authorized commissioner
to have publicly-owned woodlands or products from such woodlands certified or licensed by specified entities, provided
private funding is used for the cost of all applications, authorized commissioner to accept gifts, donations and bequests on
behalf of department re applying for and obtaining certification and licensure, provided that proceeds from management
of state forests in excess of eight hundred seventy-five thousand dollars derived from sale of wood, timber and other
products from publicly-owned woodlands shall be deposited in the Conservation Fund and made technical changes.
See Sec. 12-107d re classification of land as forest land.
See Secs. 23-65f to 23-65j, inclusive, re commissioner's duties re registration of loggers and foresters.
Sec. 23-21. Purchase and sale of land by commissioner. The Commissioner of
Environmental Protection may buy land in the state suitable for the growth of timber,
at a price not exceeding ten dollars per acre, unless a higher price is authorized by the
Governor. Such land shall be deeded to the state and shall be called a state forest. The
commissioner may accept deeds and devises of such lands which may be offered to the
state without cost. He may, with the approval of the Governor, sell or exchange any
land acquired for state forests or any easement or interest therein, and may, in the name
of the state, execute deeds for such purposes, provided no land shall be sold or exchanged
by said commissioner pursuant to this section unless land of at least equal fair market
value and reasonably equivalent usefulness has been substituted for such land. No provision of this section shall be construed to set aside any terms or conditions under which
gifts or bequests of land have been accepted for state forests.
(1949 Rev., S. 3447; 1971, P.A. 872, S. 184; P.A. 79-603.)
History: 1971 act replaced references to state forester with references to commissioner of environmental protection
and deleted obsolete provision requiring consent of state park and forest commission for purchase of land; P.A. 79-603
prohibited sale or exchange of land unless land of equal fair market value and equivalent usefulness is substituted for it.
Sec. 23-22. Acquisition of land by exchange. The Commissioner of Environmental Protection may acquire land adjoining or in close proximity to an established state
forest, by exchanging for title in fee simple to such land the right to cut and remove
wood, lumber or other forest products from state forest land to an amount equal in value
to that of the land to be acquired. The commissioner may contract on behalf of the state
with the owner of land, title to which is thus acquired, to allow the cutting of a specified
amount of forest products over a period not exceeding ten years, provided all such
cuttings shall be carried out in accordance with regulations prescribed by the commissioner and under his supervision.
(1949 Rev., S. 3448; 1971, P.A. 872, S. 185.)
History: 1971 act replaced references to state forester with references to environmental protection commissioner and
deleted obsolete reference to required consent of state park and forest commission for acquisition of land.
Sec. 23-23. Purchase and sale of seeds and seedling stock. (a) The Commissioner
of Environmental Protection may, in cooperation with federal agencies, or by his own
initiative, raise or purchase, with moneys appropriated from the General Fund, planting
seed or seedling stock for reforestation, farm windbreaks, wildlife management plantings or soil conservation or other conservation purposes within the state and may sell
such seedlings to landowners in this state, state agencies, municipalities or conservation
organizations at prices which will cover the approximate cost of the seedlings to the state.
(b) The commissioner may provide tree seedlings at no cost to any elementary or
secondary school or conservation commission for the celebration of Arbor Day in accordance with any proclamation issued pursuant to subsection (c) of section 10-29a.
(c) The commissioner may, when the space available in Connecticut state nurseries
for the raising of seedling stock is in excess of that needed for raising such stock for
use by Connecticut landowners, state agencies, municipalities or conservation organizations, enter into an agreement with any other state or the United States Forest Service
to raise seedling stock in Connecticut state nurseries for use by such states or service
for reforestation, farm windbreaks, wildlife management plantings or soil conservation
or other conservation purposes. When the needs of landowners in this state have been
met, the commissioner may: (1) Sell seedling stock to landowners, state agencies, municipalities or conservation organizations outside this state provided the state forester or
the equivalent official of the state where the seedlings are to be planted has granted
permission to do so; or (2) dispose of any excess of planting seed by sale to, or exchange
with, any other state forestry organization or the United States Forest Service. Notwithstanding any other provision of the general statutes, the commissioner may sell such
seeds and seedlings at prices or on such terms that he deems appropriate and such prices
or terms may exceed the cost of the seeds or seedlings to the state of Connecticut.
(d) The commissioner shall require that each purchaser of seedlings, except for any
nonprofit conservation organization, sign an agreement stating that the seedlings will
be used for the aforementioned purposes and will not be resold at any time with roots
attached and he may take such other measures as he deems necessary to assure himself
that seedlings so purchased shall not be used for shade trees, landscaping or ornamental
plantings. Nonprofit conservation organizations may resell or otherwise distribute seedling stock purchased from the commissioner provided such resale or distribution is in
furtherance of the purposes of this section. The commissioner shall require that each
nonprofit conservation organization purchasing seedlings sign an agreement that the
seedlings will be resold, distributed or otherwise utilized in furtherance of such purposes
and he may take such other measures as he deems necessary to assure that seedlings so
purchased shall not be used for shade trees, landscaping or ornamental plantings.
(e) All receipts from the sale of such seeds, seedling stock, all reimbursements from
state agencies and all reimbursements for subsidies received from the federal government shall be deposited in the Conservation Fund established by section 22a-27h.
(1949 Rev., S. 3449; 1949, 1951, June, 1955, S. 1866d; February, 1965, P.A. 31, S. 1; 1971, P.A. 872, S. 186; P.A. 73-316, S. 1, 2; P.A. 84-64, S. 1, 2; P.A. 96-132, S. 4, 5.)
History: 1965 act authorized sale or exchange of excess planting stock or seed to or with, as the case may be, forestry
organizations or U.S. Forest Service; 1971 act replaced references to state forester with references to environmental protection commissioner; P.A. 73-316 authorized agreements with other states or U.S. Forest Service for use of excess space in
state nurseries to raise planting stock; P.A. 84-64 amended section by substituting "seedling" for "planting" stock and
adding provisions authorizing the sale of seedling stock for any conservation purpose and the provision of seedlings to
schools for Arbor Day, and to specify that seedlings shall not be used for shade trees or landscaping purposes; P.A. 96-132 divided section into Subsecs., amended Subsec. (a) to authorize purchase of seed, amended Subsec. (b) to delete a
requirement that seedlings be planted on public lands, amended Subsec. (c) to add provisions re out-of-state sale of seedling
stock and price, amended Subsec. (d) to exempt nonprofit conservation organizations from certain requirements re purchase
of seedlings and to make alternative provisions and amended Subsec. (e) to provide that receipts be deposited into the
Conservation Fund, effective July 1, 1996.
Sec. 23-24. Establishment of boundaries. The Commissioner of Environmental
Protection may establish the boundaries of any state park, state forest or other property
under his jurisdiction by agreement with owners of adjoining property and may, with
the approval of the Governor, exchange land with such property owners and execute
deeds in the name of the state for the purpose of establishing such boundaries.
(1949 Rev., S. 3452; 1971, P.A. 872, S. 187.)
History: 1971 act replaced state park and forest commission with commissioner of environmental protection.
Sec. 23-24a. Survey of boundaries of state parks and forest lands. The Commissioner of Environmental Protection shall cause the boundary lines of all state parks and
forest lands under the administration of the Department of Environmental Protection to
be surveyed not later than July 1, 1984.
(P.A. 74-250, S. 1, 3.)
Sec. 23-25. Granting of leases for public purposes. The Commissioner of Environmental Protection may, with the approval of the Governor, grant leases for public
purposes to any public authority for any portion of any state forest or state park if said
commissioner finds that such purposes are not in conflict with park or forest purposes.
(1949 Rev., S. 3453; 1971, P.A. 872, S. 188; P.A. 96-180, S. 87, 166.)
History: 1971 act replaced references to state park and forest commission with references to environmental protection
commissioner; P.A. 96-180 changed "Said commissioner" to "The Commissioner of Environmental Protection", effective
June 3, 1996.
Sec. 23-26. Revenue from state parks and facilities. Motor vehicle parking
passes. Lifetime passes for residents sixty-five years of age or older. (a) The commissioner may (1) provide for the collection of fees for parking, admission, boat launching
and other uses of state parks, forests, boat launches and other state recreational facilities,
(2) establish from time to time the daily and seasonal amount thereof, (3) enter into
contractual relations with other persons for the operation of concessions, (4) establish
other sources of revenue to be derived from services to the general public using such
parks, forests and facilities, (5) employ such assistants as may be necessary for the
collection of such revenue. The commissioner shall deposit such revenue derived therefrom with the State Treasurer in the General Fund. On and after July 1, 1992, any increase
in any fee or any establishment of a new fee under this section shall be by regulations
adopted in accordance with the provisions of chapter 54. Notwithstanding the provisions
of this section, the commissioner may enter into an agreement with any municipality
under which the municipality may retain fees collected by municipal officers at state
boat launches when state employees are not on duty.
(b) Notwithstanding the provisions of subsection (a) of this section, the commissioner may establish fees for the public use of the mansion at Harkness Memorial State
Park in Waterford, the Ellie Mitchell Pavilion at Rocky Neck State Park in East Lyme
and Gillette Castle in East Haddam provided no fee shall be charged to any group organized as a nonprofit corporation under 26 USC 501 (c)(3) for purposes of providing
support to such parks or facilities and further provided the commissioner shall specify
procedures and criteria for the selection of any private business which is engaged by
the state to provide services during any such public use, including, but not limited to,
catering services. Such fees, procedures and criteria shall be effective until June 30,
1999, or until regulations are adopted, whichever is sooner. Regulations implementing
such fees, procedures and criteria shall be adopted in accordance with the provisions of
chapter 54 on or before July 1, 1999. Such fees shall be comparable with rents and
charges of similar properties based on fair market rates.
(c) The commissioner shall issue to any resident of the state, upon payment of a
fee established by said commissioner, a nontransferable Connecticut private passenger
motor vehicle pass which permits free parking throughout the calendar year at any state
park, forest, boat launch or other state recreational facility provided the commissioner
shall not be required to issue such a pass to any park, forest or facility which is wholly
managed by a private concessionaire and may require payment of fees for special events.
(d) The commissioner shall issue to any resident of the state who is sixty-five years
of age or older, without fee, upon application of such resident, a nontransferable lifetime
pass which shall permit free parking, admission and boat access parking for use at any
state park, forest or state recreational facility, provided the commissioner shall not be
required to issue such a pass for use of any park, forest or facility which is wholly
managed by a private concessionaire and may require payment of fees for special events.
(1949 Rev., S. 3458; 1955, S. 1872d; 1971, P.A. 872, S. 189; P.A. 73-580; P.A. 77-614, S. 19, 610; P.A. 80-172; P.A.
84-96, S. 1, 2; P.A. 87-589, S. 40, 87; P.A. 92-217, S. 4, 5; P.A. 97-229, S. 2, 3; P.A. 98-149, S. 2, 3.)
History: 1971 act replaced references to commission and its treasurer with references to environmental protection
commissioner; P.A. 73-580 added reference to "daily and seasonal" parking fees and substituted "establish" for "fix"; P.A.
77-614 replaced commissioner of finance and control with secretary of the office of policy and management; P.A. 80-172
added Subsec. (b) authorizing commissioner to issue annual parking passes; P.A. 84-96 amended Subsec. (a) by deleting
the provision requiring approval by the secretary of the office of policy and management re parking fees, concessions and
other revenue sources; P.A. 87-589 made technical changes; P.A. 92-217 amended Subsec. (a) to specify activities and
facilities the use of which the commissioner may charge fees for under this section and to specify that fee increases or new
fees be by regulations adopted in accordance with chapter 54, amended Subsec. (b) to expand the days on which motor
vehicle parking passes may be valid at state parks and facilities and to specify certain facilities for which the commissioner
may not be required to issue such passes and added a new Subsec. (c) re lifetime passes for residents sixty-five years of
age or older; P.A. 97-229 amended Subsec. (a) to permit agreements between commissioner and municipality re municipal
retention of fees, effective June 24, 1997; P.A. 98-149 added a new Subsec. (b) re fees for use of certain state facilities
and related regulations and relettered the remaining Subsecs. accordingly, effective June 4, 1998.
Sec. 23-26a. "All-terrain vehicle" defined. As used in sections 23-26b to 23-26g,
inclusive, "all-terrain vehicle" means a motorized vehicle, not suitable for operation on
a highway that (1) is not more than fifty inches in width, (2) has a dry weight of not
more than six hundred pounds, (3) travels on two or more tires specifically designed
for unimproved terrain, (4) has a seat or saddle designed to be straddled by the operator,
and (5) has an engine with a piston displacement of more than fifty cubic centimeters.
(P.A. 86-249, S. 1; P.A. 02-70, S. 84.)
History: P.A. 02-70 amended definition to include vehicles that travel on two or more tires specifically designed for
unimproved terrain and that have an engine with a piston displacement of more than fifty cubic centimeters, eliminating
reference to three low pressure tires, effective June 3, 2002.
Sec. 23-26b. Certificate to operate all-terrain vehicles on state land. (a) No
person shall operate an all-terrain vehicle on state land without first obtaining a certificate from the Commissioner of Environmental Protection and unless such vehicle is
registered pursuant to section 14-380. No certificate to operate an all-terrain vehicle on
state land shall be issued to any person under eighteen years of age unless such person
has completed a safety education course for all-terrain vehicles given pursuant to section
23-26d.
(b) The commissioner may require that any person operating an all-terrain vehicle
on state land (1) furnish proof of liability and property damage insurance on the vehicle,
and (2) agree to indemnify and hold harmless the state of Connecticut against any and
all suits, claims, demands or judgments, including claims presented under the provisions
of chapter 53, that may be allowed against the state for injury to any person as a result
of the operation of an all-terrain vehicle on state land.
(P.A. 86-249, S. 2.)
Sec. 23-26c. Availability of state land for use by persons operating all-terrain
vehicles. The Commissioner of Environmental Protection shall evaluate the properties
under his jurisdiction and the jurisdiction of other state agencies for their use by persons
operating all-terrain vehicles and shall make available some of such properties for such
use. In making such properties available the commissioner shall consider minimizing
the impact of all-terrain vehicles on the environment. Before making any property available that is under the jurisdiction of another state agency, the commissioner shall consult
with such agency.
(P.A. 86-249, S. 3.)
Sec. 23-26d. Regulations re safety education courses for the operation of all-terrain vehicles. The Commissioner of Environmental Protection, in consultation with
the Commissioner of Consumer Protection, shall, by regulations adopted in accordance
with the provisions of chapter 54, formulate safety education courses for the operation
of all-terrain vehicles. The Commissioner of Environmental Protection may designate
as his agent for giving a course any person or organization he deems qualified to act in
such capacity.
(P.A. 86-249, S. 4, 9; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture
and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby
reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
Sec. 23-26e. Operation of all-terrain vehicles on state land by certain minors.
No person less than twelve years of age shall operate an all-terrain vehicle on state land.
A person between twelve and sixteen years of age may operate an all-terrain vehicle on
state land provided such person has obtained a certificate pursuant to section 23-26b
and is supervised by a person eighteen years of age or older who has completed a safety
education course given pursuant to section 23-26d.
(P.A. 86-249, S. 5.)
Sec. 23-26f. Regulations re operation of all-terrain vehicles. The Commissioner
of Environmental Protection shall adopt regulations in accordance with the provisions
of chapter 54 (1) establishing standards and procedures for certification of operators of
all-terrain vehicles and the use of all-terrain vehicles on state land, (2) setting a fee
sufficient to cover the cost of implementing the certification program required pursuant
to section 23-26b and (3) establishing safety requirements for the operation of all-terrain
vehicles on state land which shall include provisions for noise levels. Any regulations
concerning safety shall be adopted in consultation with the Commissioner of Consumer
Protection.
(P.A. 86-249, S. 6, 9; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture
and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby
reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
See chapter 255 (Secs. 14-379 et seq.) re snowmobiles and all-terrain vehicles generally.
Sec. 23-26g. Penalties. (a) Any person who violates section 23-26b or 23-26e or
any regulations adopted pursuant to section 23-26f shall have committed an infraction.
For a second and each subsequent violation of any of said laws or regulations the Commissioner of Environmental Protection may suspend any certificate issued pursuant to
section 23-26b and the right to obtain any such permit for not more than two years.
(b) Any person who (1) knowingly permits a person less than eighteen years of age
who has not obtained a certificate pursuant to section 23-26b to operate an all-terrain
vehicle on state land, (2) permits a person less than twelve years of age to operate an
all-terrain vehicle on state land or (3) allows a person between twelve and sixteen years
of age to operate an all-terrain vehicle on state land without being supervised by a person
more than eighteen years of age, shall have committed an infraction.
(P.A. 86-249, S. 7.)
See Secs. 14-387 and 14-388 re violations of rules of operation of snowmobiles and all-terrain vehicles and resulting
penalties, generally.
Sec. 23-27. Federal grants. The commissioner is authorized (a) to apply for and
receive grants or any other benefits from the United States or any agency or instrumentality thereof for the purpose of improving and developing any state park; (b) to do and to
authorize to be done every act and thing necessary to meet the requirements to apply
for and receive grants or any other benefits from the United States or any other agency
or instrumentality thereof.
(1949 Rev., S. 3462; 1955, S. 1874d; 1971, P.A. 872, S. 190.)
History: 1971 act replaced references to state park and forest commission with references to environmental protection
commissioner.
Secs. 23-27a to 23-27k. Registration of private land for recreational purposes.
Sections 23-27a to 23-27k, inclusive, are repealed.
(1967, P.A. 623, S. 1-12; 1969, P.A. 786, S. 1-3; 1971, P.A. 249, S. 7; 872, S. 191-193.)
See Secs. 52-557f to 52-557i, inclusive, re landowners' liabilities for recreational uses of land.