If the Commissioner of Energy and Environmental Protection or, in a municipality in which there is an inland wetlands agency authorized to regulate forest practices, such agency, finds that any person has violated any provision of sections 23-65f to 23-65o, inclusive, the commissioner or the agency, as the case may be, may issue an order to such person to take the necessary steps to comply with said sections. Each order to comply issued under this section shall be sent by certified mail, return receipt requested, to the subject of such order and shall be deemed issued upon deposit in the mail. Any person who is aggrieved by such order may, within thirty days from the date such order or decision is issued, request a hearing before the commissioner or the agency, as the case may be. The commissioner or the agency shall not grant any request for a hearing at any time thereafter. After such hearing, the commissioner or the agency shall consider the facts presented to the commissioner or the agency by such person, shall consider the rebuttal or other evidence presented to or by the commissioner or the agency, and shall then revise or resubmit the order to the person, or inform the person that the previous order has been disapproved or that it has been reaffirmed and remains in effect. The commissioner or the agency may, after the hearing provided for in this section, or any time after the issuance of his order, modify such order by agreement or extend the time schedule therefor if the commissioner or the agency deems such modification or extension advisable or necessary, and any such modification or extension shall be deemed to be a revision of an existing order and shall not constitute a new order. There shall be no hearing subsequent to or any appeal from any such modification or extension.
(P.A. 91-335, S. 7; P.A. 98-228, S. 2; P.A. 11-80, S. 1.)
History: P.A. 98-228 authorized municipal orders under this section; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
Structure Connecticut General Statutes
Title 23 - Parks, Forests and Public Shade Trees
Chapter 451a - Forest Practices
Section 23-65f. - Definitions.
Section 23-65g. - Forest Practices Advisory Board. Membership. Powers and duties.
Section 23-65h. - Forest practitioner certification. Classifications and requirements. Regulations.
Section 23-65i. - Forest practice activities. Reports.
Section 23-65j. - Forest practices. Regulations. Fees.
Section 23-65k. - Municipal regulation of forest practices.
Section 23-65m. - Injunctions.
Section 23-65n. - Civil penalties.
Section 23-65o. - Denial, suspension or revocation of forest practitioner certification.
Section 23-65p. - Revocation and reinstatement of municipal authority.
Section 23-65q. - Appeal of municipal action re forest practices.