Sec. 23-61a. Definitions. Tree Protection Examining Board. Regulations. (a)
As used in sections 23-61a to 23-61f, inclusive, "arboriculture" means any work done
for hire to improve the condition of fruit, shade or ornamental trees by feeding or fertilizing, or by pruning, trimming, bracing, treating cavities or other methods of improving
tree conditions, or protecting trees from damage from insects or diseases or curing these
conditions by spraying or any other method; "arborist" means one who is qualified to
perform arboriculture and is licensed by the Commissioner of Environmental Protection
as provided in section 23-61b; "board" means the State Tree Protection Examining
Board established under subsection (b); "fungicide" means any substance or mixture
of substances intended for preventing, destroying, repelling or mitigating any fungus;
"fungus" means any non-chlorophyll-bearing thallophyte; that is, any non-chlorophyll-bearing plant of a lower order than mosses and liverworts; for example, rusts, smuts,
mildews, molds and yeast, except those on or in any living human or other vertebrate
animal; "herbicide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed; "insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six-legged, usually
winged forms, as for example, beetles, bugs, bees, flies and to other allied classes of
arthropods whose members are wingless and usually have more than six legs, as for
example, spiders, mites, ticks, centipedes and wood lice; "insecticide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating insects; "plant regulator" means any substance or mixture of substances determined
to be a plant regulator under chapter 441; "pesticide" means any substance or mixture
of substances determined to be a pesticide under said chapter; "weed" means any plant
which grows where not wanted.
(b) There shall be in the Department of Environmental Protection a State Tree Protection Examining Board which shall consist of the plant pathologist and forester of the
Connecticut Agricultural Experiment Station, who shall serve as ex-officio members,
and five electors of the state, three of whom shall be public members, and two of whom
shall be licensed, practicing arborists to be appointed by the Governor. Any vacancy in
the appointed membership of the board shall be filled by the Governor for the unexpired
portion of the term.
(c) The board shall have a seal and, in any proceeding in court, a certificate under
such seal shall be bona fide evidence of any proceeding or action by or before the board
stated in such certificate. A majority of members acting as a board shall constitute a
quorum for the transaction of business.
(d) Repealed by P.A. 82-419, S. 46, 47.
(e) The Commissioner of Environmental Protection, with the advice and assistance
of the board, may adopt such regulations as are necessary for the purpose of giving
examinations, issuing and renewing licenses, inspection of work or revocation of licenses.
(1967, P.A. 587, S. 1, 2, 3(k); P.A. 73-540, S. 22, 28; P.A. 77-206, S. 1-3; 77-614, S. 216, 610; P.A. 82-419, S. 46, 47;
P.A. 98-229, S. 1.)
History: P.A. 73-540 defined "fungicide", "fungus", "herbicide", "insect", "insecticide", "plant regulator", "pesticide"
and "weed"; P.A. 77-206 made definition formerly applicable to "custom tree work" applicable to "arboriculture" and
defined "arborist"; P.A. 77-614 placed tree protection examining board within the department of consumer protection,
changed membership by replacing entomologist and commissioner of agriculture with two additional electors and specifying that three shall be public members and deleted appointment provisions concerning initial members in Subsec. (b),
deleted provision for election of chairman, vice-chairman and secretary-treasurer and for appointment of deputies to act
for ex-officio members in examination of applicants and inspection of field work in Subsec. (c), deleted provision requiring
board of control of Connecticut Experiment Station to perform fiscal duties of examining board and to provide clerical
assistance in Subsec. (d) and transferred regulatory power for board to commissioner of consumer protection in Subsec.
(e), effective January 1, 1979; P.A. 82-419 repealed Subsec. (d) which had specified that members receive reimbursement
for expenses but no compensation as such; P.A. 98-229 amended Subsec. (a) to provide for licensure of arborists by the
Commissioner of Environmental Protection, amended Subsec. (b) to assign the State Tree Protection Examining Board to
the Department of Environmental Protection and amended Subsec. (e) to authorize the Commissioner of Environmental
Protection to adopt regulations under this section.
See title 2c re termination under "Sunset Law".
See Sec. 4-9a for definition of "public member".
See Secs. 21a-6 to 21a-10, inclusive, re control, powers and duties of boards within Department of Consumer Protection.
Sec. 23-61b. Licensing for arboriculture; examination; fees; renewal; suspension; revocation. Nonresidents. Records. Pesticides. (a) No person shall advertise,
solicit or contract to do arboriculture within this state at any time without a license issued
in accordance with the provisions of this section, except that any person may improve
or protect any tree on such person's own premises or on the property of such person's
employer without securing such a license provided such activity does not violate the
provisions of chapter 441, subsection (a) of section 23-61a or this section. Application
for such license shall be made to the Commissioner of Environmental Protection and
shall contain such information regarding the applicant's qualifications and proposed
operations and other relevant matters as the commissioner may require and shall be
accompanied by a fee of twenty-five dollars which shall not be returnable.
(b) The commissioner shall require the applicant to show upon examination that the
applicant possesses adequate knowledge concerning the proper methods of arboriculture
and the dangers involved and the precautions to be taken in connection with these operations, together with knowledge concerning the proper use and application of pesticides
and the danger involved and precautions to be taken in connection with their application.
If the applicant is other than an individual, the applicant shall designate an officer,
member or technician of the organization to take the examination, which designee shall
be subject to approval of the commissioner except that any person who uses pesticides
in arboriculture shall be licensed to do arboriculture or shall be a licensed commercial
applicator under chapter 441. If the extent of the applicant's operations warrant, the
commissioner may require more than one such member or technician to be examined.
If the commissioner finds the applicant qualified, the commissioner shall issue a license
to perform arboriculture within this state. A license shall be valid for a period of five
years. If the commissioner finds that the applicant is not qualified, or if the commissioner
refuses to issue a license for any other reason, the commissioner shall so inform the
applicant in writing, giving reasons for such refusal.
(c) The commissioner may issue a license without examination to any nonresident
who is licensed in another state under a law that provides substantially similar qualifications for licensure and which grants similar privileges of licensure without examination
to residents of this state licensed under the provisions of this section.
(d) Each licensee shall pay a license renewal fee of one hundred fifty dollars for
each renewal. All examination and license renewal fees shall be deposited as provided
in section 4-32, and any expenses incurred by the commissioner in making examinations,
issuing certificates, inspecting tree work or performing any duties of the commissioner
shall be charged against appropriations of the General Fund.
(e) Each licensee shall maintain and, upon request, furnish such records concerning
licensed activities as the commissioner may require.
(f) The commissioner may suspend for not more than ten days and, after notice and
hearing as provided in any regulations established by the commissioner, may suspend
for additional periods, or the commissioner may revoke, any license issued under this
section if the commissioner finds that the licensee is no longer qualified or has violated
any provision of section 23-61a or this section, or any regulation adopted thereunder.
(g) The Commissioner of Environmental Protection, in consultation with the board,
shall establish standards for examining applicants and reexamining applicators with
respect to the proper use and application of pesticides and agricultural methods. Such
standards shall provide that in order to be certified, an individual shall be competent
with respect to the use and handling of pesticides or the use and handling of the pesticide
or class of pesticides covered by such individual's application or certification and in
the proper and safe application of recognized arboricultural methods.
(h) Any licensed arborist shall be considered to be a certified applicator under section 22a-54 with respect to the use of pesticides.
(1967, P.A. 587, S. 3(a)-(g), 4; P.A. 73-540, S. 23, 28; P.A. 75-551, S. 7; P.A. 77-206, S. 4-7; 77-529, S. 27; 77-614,
S. 217, 218, 610; P.A. 81-361, S. 37, 39; P.A. 89-251, S. 158, 203; P.A. 94-36, S. 5, 42; P.A. 98-229, S. 2; P.A. 02-89, S. 67.)
History: P.A. 73-540 allowed persons to improve or protect trees on their own or their employers' property if activity
does not violate Connecticut Pesticide Control Act in Subsec. (a), required that persons using fungicides or pesticides in
custom tree work have appropriate license under Subsec. (b) and added Subsecs. (g) and (h) re standards for examining
applicants and re correlation between license as custom tree worker and certified applicator; P.A. 75-551 clarified nature
of standards to be established in Subsec. (g) with emphasis on competence; P.A. 77-206 substituted "arboriculture" and
"arborist" for references to custom tree work and workers, prohibited advertising and soliciting arboriculture work without
license in Subsec. (a), required renewal every five years rather than annually after first renewal in Subsec. (b) and increased
renewal fee from four to twenty dollars in Subsec. (d) in keeping with changed period of validity; P.A. 77-529 referred to
certification rather than licensing in Subsec. (g) and distinguished clearly between examination of first time applicants
and reexamination of applicators; P.A. 77-614 specified that inquiry to be made by consumer protection department in
Subsec. (f) and made hearing subject to commissioner's regulations, deleting provision requiring ten days' notice of hearing
and transferred power to establish examination standards from board to commissioner, retaining board as consultant in
Subsec. (g), effective January 1, 1979; P.A. 81-361 provided that the department is to issue licenses upon the authorization
of the board and that times for renewal of licenses shall be designated by the department instead of the board; P.A. 89-251
increased the application fee from ten dollars to twenty dollars and increased the renewal fee from twenty dollars to forty
dollars; (Revisor's note: In 1993 an obsolete reference in Subsec. (a) to repealed Sec. 23-61c was deleted editorially by
the Revisors); P.A. 94-36 amended Subsec. (b) to delete reference to five-year renewal period, effective January 1, 1995;
P.A. 98-229 provided for licensing by the Commissioner of Environmental Protection and increased the application fee
to twenty-five dollars, amended Subsec. (b) to increase the term of licensure to five years, amended Subsec. (d) to increase
the renewal fee to one hundred fifty dollars, amended Subsec. (g) to authorize the Commissioner to establish standards
for agricultural methods under this section and made technical changes; P.A. 02-89 amended Subsec. (a) to delete reference
to Sec. 23-61d, reflecting repeal of said section by the same public act, and make technical changes for purposes of gender
neutrality, amended Subsec. (b) to make technical changes for purposes of gender neutrality and amended Subsec. (f) to
replace reference to "sections 23-61a to 23-61d, inclusive" with "section 23-61a or this section", reflecting repeal of Sec.
23-61d by the same public act, and make technical changes for purposes of gender neutrality.
See Sec. 21a-10(b) re staggered schedule for license renewals.
Sec. 23-61c. Privilege of licensee to take examination without fee for commercial applicators of pesticides. Section 23-61c is repealed.
(1967, P.A. 587, S. 3(h), (i); P.A. 73-540, S. 24, 28; P.A. 77-206, S. 8, 9; P.A. 82-158, S. 5, 6.)
Sec. 23-61d. Validity of custom tree worker licenses held by licensees on July
1, 1977. Section 23-61d is repealed, effective October 1, 2002.
(1967, P.A. 587, S. 3(j); P.A. 73-540, S. 25, 28; P.A. 77-206, S. 10; P.A. 02-89, S. 90.)
Sec. 23-61e. Appeals. Any person aggrieved by an order or finding of the commissioner may appeal therefrom in accordance with the provisions of section 4-183.
(1967, P.A. 587, S. 5; P.A. 76-436, S. 464, 681; P.A. 77-603, S. 104, 125; 77-614, S. 219, 610; P.A. 78-303, S. 135,
136; P.A. 98-229, S. 8.)
History: P.A. 76-436 replaced court of common pleas with superior court in Subsec. (a), effective July 1, 1978; P.A.
77-603 and 77-614 replaced previous detailed appeal provisions with requirement that appeals be made in accordance with
Sec. 4-183; P.A. 78-303 made technical changes; P.A. 98-229 authorized appeals of actions of the Commissioner of
Environmental Protection, deleting reference to "board".
Sec. 23-61f. Penalties. (a) Any person who violates any provision of subsection
(b), (c) or (d) of section 23-61b or of any regulation issued under subsection (e) of section
23-61a shall be fined not more than two hundred dollars.
(b) Any person who violates any provision of chapter 441 or section 23-61a or 23-61b shall be considered under the jurisdiction of the Commissioner of Environmental
Protection.
(c) Any person who violates any provision of subsection (a) of section 23-61b shall
be assessed a civil penalty of not less than one thousand dollars but not more than
two thousand five hundred dollars for each day such violation continues. The Attorney
General, upon complaint of the commissioner, shall institute a civil action in the superior
court for the judicial district of Hartford to recover such penalty. Any such action shall
have precedence in the order of trial as provided in section 52-191.
(1967, P.A. 587, S. 6; 1971, P.A. 872, S. 432; P.A. 73-540, S. 26, 28; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A.
93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 98-229, S. 3; P.A. 02-89, S. 68; P.A. 03-278, S. 84.)
History: 1971 act placed violators under jurisdiction of environmental protection commissioner rather than that of
commissioner of agriculture and natural resources and pesticide control board; P.A. 73-540 substituted "Connecticut
Pesticide Control Act" for reference to Secs. 19-300k to 19-300t and reiterated transfer of jurisdiction; (Revisor's note:
In 1993 obsolete reference in Subsec. (a) to repealed Sec. 23-61c was deleted editorially by the Revisors); P.A. 98-229
amended Subsecs. (a) and (b) to assign jurisdiction over arboriculture violations to the Commissioner of Environmental
Protection and added Subsec. (c) re civil penalties for such violations (Revisor's note: P.A. 88-230, 90-98, 93-142 and 95-220 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain" in public and
special acts of the 1998 regular and special sessions of the General Assembly, effective September 1, 1998); P.A. 02-89
amended Subsecs. (a) and (c) to delete references to Sec. 23-61d and amended Subsec. (b) to replace reference to "sections
23-61a to 23-61d, inclusive" with "section 23-61a", reflecting repeal of Sec. 23-61d by the same public act; P.A. 03-278
made a technical change in Subsec. (b), effective July 9, 2003.
Secs. 23-62 to 23-64. Tree Protection Examining Board; license. Officers; regulations; seal; revocation of licenses. Examination and renewal fees; compensation
of board. Sections 23-62 to 23-64, inclusive, are repealed.
(1949 Rev., S. 3500-3502; 1959, P.A. 616, S. 77; 1967, P.A. 587, S. 7.)
Sec. 23-65. Posting or distributing advertisements. Removing, pruning, injuring or defacing certain trees or shrubs. Regulations. Permit for cutting or removal.
(a) Any person, firm or corporation which affixes to a telegraph, telephone, electric light
or power pole, or to a tree, shrub, rock or other natural object in any public way or
grounds, a playbill, picture, notice, advertisement or other similar thing, or cuts, paints or
marks such tree, shrub, rock or other natural object, except for the purpose of protecting it
or the public and under a written permit from the town tree warden, the borough tree
warden, city forester or Commissioner of Transportation, as the case may be, or, without
the consent of the tree warden or of the officer with similar duties, uses climbing spurs
for the purpose of climbing any ornamental or shade tree within the limits of any public
highway or grounds, shall be fined not more than fifty dollars for each offense.
(b) Any person, firm or corporation, other than a tree warden or deputy tree warden,
who removes, prunes, injures or defaces any shrub or ornamental or shade tree, within
the limits of a public way or grounds, without the legal right or written permission of
the town tree warden, the borough tree warden, the city forester, the Commissioner
of Transportation, the Department of Public Utility Control or other authority having
jurisdiction, shall be fined not more than the appraised value of the shrub or tree and
shall be liable civilly for damages in any action brought by the property owner or the
authority having jurisdiction affected thereby. The appraised value shall be determined
by the town tree warden, the borough tree warden, the city forester, the Commissioner
of Transportation, the Department of Public Utility Control or other authority having
jurisdiction and shall be determined in accordance with regulations adopted by the Commissioner of Environmental Protection. The commissioner shall adopt regulations, in
accordance with the provisions of chapter 54, to develop guidelines for such plant appraisal. The regulations may incorporate by reference the latest revision of The Guide
for Plant Appraisal, as published by the International Society of Arboriculture, Urbana,
Illinois. Until such time as regulations are adopted, appraisals may be made in accordance with said Guide for Plant Appraisal.
(c) Any person, firm or corporation which deposits or throws any advertisement
within the limits of any public way or grounds, or upon private premises or property,
unless the same is left at the door of the residence or place of business of the occupant
of such premises or property, or deposits or throws any refuse paper, camp or picnic
refuse, junk or other material within the limits of any public way or grounds, except at
a place designated for that purpose by the authority having supervision and control of
such public way or grounds, or upon private premises or property without permission
of the owner thereof, or affixes to or maintains upon any tree, rock or other natural object
within the limits of a public way or grounds any paper or advertisement other than
notices posted in accordance with the provisions of the statutes, or affixes to or maintains,
upon the property of another without his consent, any word, letter, character or device
intended to advertise the sale of any article, shall be fined not more than fifty dollars or
imprisoned not more than six months or both for each offense.
(d) The removal, pruning or wilful injury of any shrub or ornamental or shade tree,
or the use of climbing spurs upon any ornamental or shade tree without the consent of
the tree warden or of the officer with similar duties or the affixing of any playbill, picture,
notice, advertisement or other similar thing concerning the business or affairs of any
person, firm or corporation, to a pole, shrub, tree, rock or other natural object, within
the limits of any public way or grounds in violation of the provisions of this section by
an agent or employee of such person, firm or corporation, shall be deemed to be the act
of such person, firm or corporation, and such person, or any member of such firm or
any officer of such corporation, as the case may be, shall be subject to the penalty herein
provided, unless such act is shown to have been done without his knowledge or consent.
(e) The affixing of each individual playbill, picture, notice, advertisement or other
similar thing to a pole, shrub, tree, rock or other natural object, or the wilful removing,
pruning, injuring or defacing of each shrub or tree, or the throwing of each individual
advertisement or lot of refuse paper or other material within the limits of any public
way or grounds or on private premises, shall constitute a separate violation of the provisions of this section. Nothing in this section shall affect the authority of a tree warden,
either by himself or by a person receiving a written permit from him, to remove, prune
or otherwise deal with a shrub or tree under his jurisdiction.
(f) Any person, firm or corporation, other than a tree warden or his deputy, who
desires the cutting or removal, in whole or in part, of any tree or shrub or part thereof
within the limits of any public road or grounds, may apply in writing to the town tree
warden, the borough tree warden or the Commissioner of Transportation or other authority having jurisdiction thereof for a permit so to do. Upon receipt of such permit, but
not before, he may proceed with such cutting or removal. Before granting or denying
such permit, such authority may hold a public hearing as provided in section 23-59, and
when the applicant is a public utility corporation, the party aggrieved by such decision
may, within ten days, appeal therefrom to the Department of Public Utility Control,
which shall have the power to review, confirm, change or set aside the decision appealed
from and its decision shall be final. This shall be in addition to the powers granted to it
under section 16-234, provided, if an application for such permit has been made to either
a tree warden or the Commissioner of Transportation or other authority and denied by
him, an application for a permit for the same relief shall not be made to any other such
authority. Upon any approval of such a permit by the Commissioner of Transportation,
he shall notify the tree warden for the town in which the tree is located. Upon any
approval of such a permit by the Commissioner of Transportation, the permittee shall
notify the tree warden for the town in which the tree is located prior to cutting any
such tree.
(1949 Rev., S. 3503; February, 1965, P.A. 614, S. 4, 5; 1969, P.A. 768, S. 251, 252, 253; P.A. 75-486, S. 56, 69; P.A.
77-614, S. 162, 610; P.A. 80-482, S. 179, 180, 348; P.A. 98-209, S. 17; 98-228, S. 8; P.A. 00-106, S. 1.)
History: 1965 act deleted reference to jurisdiction of state park and forest commission in Subsec. (b) and rephrased
provisions re appeals to public utilities commission to delete reference equating that commission's powers to those of
the state park and forest commission in Subsec. (f); 1969 act substituted commissioner of transportation for highway
commissioner in Subsecs. (a), (b) and (f); P.A. 75-486 replaced public utilities commission with public utilities control
authority in Subsecs. (b) and (f); P.A. 77-614 replaced the authority with division of public utility control within the
department of business regulation, effective January 1, 1979; P.A. 80-482 made division an independent department and
deleted references to abolished department of business regulation; P.A. 98-209 added a provision requiring notice by the
Commissioner of Transportation to the tree warden for certain tree-cutting approved by the Commissioner; P.A. 98-228
added provision requiring permittee cutting trees with approval of Commissioner of Transportation to notify tree warden;
P.A. 00-106 amended Subsec. (b) to replace penalty of one hundred dollars with penalty based on the appraised value of
the tree or shrub, exclude a person with a "legal right" from the prohibitions, add provisions re determination of appraised
value, require regulations re guidelines for such determination and make technical changes for the purposes of gender
neutrality.
Cited. 82 C. 394; 128 C. 674.
Cited. 17 CS 108. See note to section 23-59.
Legislative intent was to vest exclusive control in tree warden of all trees standing within limits of highway and of any
parts of trees extending within these limits. 3 Conn. Cir. Ct. 503.
Subsec. (b):
Selectmen cannot authorize such injury to a tree on the highway. 66 C. 569.
"[A]ppraised value" relates only to imposition of a fine and not to proper measure of damages for unlawful cutting of
trees and shrubs. 75 CA 781.