Standards for forest land classification

(a) A qualified forester may certify in writing that land meets the State Forester's standards for classification of land as forest land if the forester examines the subject land according to the procedures established in subsection (d) of section 12-107d-4 of the Regulations of Connecticut State Agencies and finds that it meets the following criteria: (1) Tree Distribution. Land proposed for forest land classification shall have trees distributed throughout its area except as provided in subparagraph (A) of subdivision (2) of this subsection. (2) Area. (A) Land proposed for forest land classification shall satisfy the requirements of section 12-107b(2) of the Connecticut General Statutes, provided that the following treeless features may be included in the total acres proposed for forest land classification, if the combined acreage of all such features is less than five (5) percent of the total acreage proposed for such classification: (i) ledge outcrops that are surrounded by and contained within the forest land; (ii) streams or rivers less than 100 feet wide; (iii) unpaved roads providing access only to the land proposed for forest classification, (paved roads or roads providing access to other land may not be included); (iv) ponds, lakes or other bodies of water less than one-half acre in size that are surrounded by and contained within the forest land; (v) power lines, pipe lines or other easements, provided the land within such easements is not cultivated or pastured; (vi) swamps, marshes or bogs that are surrounded by and contained within the forest land; and (vii) gravel pits or other excavated areas that are non-operating, entirely worked out, are less than one-half acre in size and are surrounded by and contained within the forest land. (B) Land proposed for forest land classification shall exceed one hundred feet in width throughout its length, provided that land which otherwise satisfies the requirements of this subsection and which is less than one hundred feet in width throughout its length shall be eligible for classification as forest land if such land comprises the total real property of the owner at that location. (3) Density of Tree Cover. (A) Land proposed for forest land classification with trees established by natural regeneration may be classified as forest land if the number of trees per acre for the predominant size class meets or exceeds the following requirements. If two size classes predominate, the required density shall exceed the average of the requirements for the two size classes: (i) seedling: at least 600 trees per acre; (ii) sapling: at least 215 trees per acre; (iii) pole: at least 75 trees per acre; and (iv) sawtimber: at least 35 trees per acre. (B) Land proposed for forest land classification with trees established by artificial regeneration may be classified as forest land one calendar year after the date of planting of such trees or three calendar years after the date of seeding if the requirements of subparagraph (A) of this subdivision are met. (C) Land proposed for forest land classification with trees established and maintained for Christmas tree production may be classified as forest land if the requirements of this section are met and shall not be considered in violation of this subsection if harvested areas are replanted during the following growing season. (4) Use. (A) Land proposed for forest land classification with trees established and maintained for choose and cut Christmas tree production may be eligible for classification as forest land if the requirements of subparagraph (A) of subdivision (3) of this subsection are met. (B) Land proposed for forest land classification, or land already so classified, may not be used for nursery stock production, production of Christmas trees that are harvested with their roots attached, as an orchard, or maintained as a landscaped area in conjunction with residential, commercial or industrial areas. (C) Land proposed for classification as forest land shall have been subject to the natural processes of forest growth and development for at least one calendar year prior to application and, if classified as forest land shall remain subject to natural processes. However, this does not preclude either Christmas tree culture or any forest practice undertaken on the land classified as forest land if such practice does not otherwise disqualify the land from classification as forest land. (D) When residential, commercial or industrial structures are present upon the land, the land proposed for forest land classification shall not include that portion of the land required by local zoning ordinances to be associated with such residential, commercial or industrial structures. (5) Ownership. If land proposed for forest land classification consists of two or more parcels to be combined in order to meet or exceed the minimum acreage requirements, or if additional land is being added to land previously classified, the owner(s) of record shall be identical for all such parcels. (6) Maintenance. Land proposed for classification as forest land that bears evidence of a history of severe abuse shall also bear evidence that significant restorative measures have been employed to allow for proper forest development. Harvesting of forest products shall not be regarded as abuse, provided the remaining tree stumps are not removed. (A) Severe abuse includes, but is not limited to, the use of the land: (i) as a landfill area; (ii) for storage of industrial or commercial materials; (iii) for hazardous waste disposal; or (iv) as a junkyard. (B) Restorative measures shall include, at a minimum, the removal of all above ground industrial, commercial, waste or junkyard materials and, if appropriate, to allow for the proper development of forest growth, the control of non-native, invasive plant species.