Sec.12-107d-4. Qualified forester's report

(a) Cover Page. The report of a qualified forester to an owner shall be in writing in permanent ink and shall include a cover page on a form prescribed by the State Forester. The cover page shall include:

(1) the owner(s) of record as found in the municipal land records;

(2) the name, address and telephone number of the owner(s) receiving the completed report from the forester;

(3) the location of the real property containing the land proposed for forest land classification, including: the town or towns where it is located; the street address and map, block and lot number(s) as found in the municipal land records for each component lot containing the land proposed for forest land classification and the total acreage for each such component lot;

(4) within each component lot containing the land proposed for forest land classification, the total number of acres that the qualified forester determines conform to the standards for forest land classification as found in section 12-107d-3 of the Regulations of Connecticut State Agencies;

(5) A signed statement by the qualified forester who has authored the report, stating in writing: "I swear that: (1) I have personally examined the land proposed for forest land classification in compliance with the policies, procedures and standards required by section 12-107d of the Connecticut General Statutes and its associated regulations; (2) the information contained in this report is true, accurate and complete to the best of my knowledge and belief; and (3) the land identified in the report as Forest Land meets the standards for such classification as established by the State Forester. I understand that failure to comply with such policies, procedures and standards shall be grounds for suspension or revocation of my certification to evaluate land for classification as Forest Land pursuant to section 12-107d of the Connecticut General Statutes.";

(6) The name, address and forest practitioner certification number of the qualified forester who has authored the report;

(7) The handwritten signature of the qualified forester who has authored the report; and

(8) The date the report was transmitted to the owner(s).

(b) Forest Stand Information. The report of a qualified forester to an owner shall include forest stand information for each forest stand the forester identifies on the land. Such forest stand information shall be presented in the report on a form prescribed by the State Forester. The forest stand information shall include:

(1) The assigned stand number (tied to a map pursuant to subsection (c) of this section);

(2) The total area of the stand in acres;

(3) The forest cover type present, based upon the species forming a plurality of live-tree stocking;

(4) The predominant species components of the forest overstory;

(5) The predominant size class, number of trees per acre, and condition of growing stock, including the forester's general assessment of stocking level;

(6) A brief enumeration of existing forest health and protection issues, if any;

(7) A brief enumeration of existing special or unique features or values found in the forest and;

(8) A brief narrative describing appropriate management actions that may be undertaken to enhance, conserve or protect the forest values of the stand in keeping with the owner's goals for the land.

(c) Map. A qualified forester's report prepared for an owner applying for forest land classification shall include maps containing, at a minimum, the following information and adhering to the following specifications:

(1) unfolded dimensions no larger than 17 inches by 22 inches;

(2) a map legend including a north arrow and map scale;

(3) a map title section indicating the name of the owner, the town or towns in which the land is located and the address of the real property containing the land proposed for forest land classification, as indicated in the applicable municipal land records, the date the map was prepared and the name of the individual who prepared the map;

(4) a small inset location map showing the outline of the property in relation to surrounding public roads;

(5) the boundaries of the real property containing the land proposed for forest land classification and its location with respect to the nearest public highways or roads;

(6) a delineation of the land proposed for forest land classification and of that portion of said land which has been determined to satisfy the standards for forest land classification as found in section 12-107d-3 of the Regulations of Connecticut State Agencies or any changes that the forester may be aware of to land previously classified as forest land;

(7) a delineation of the physical features of the land including, but not limited to: streams or rivers; paved or unpaved roads; ponds, lakes or other bodies of water, power lines, pipe lines, railroad rights of way or other easements; swamps, marshes or bogs; ledge outcrops; and houses, barns, buildings or other structures; and

(8) a delineation of each distinct forest stand within the land proposed for forest land classification. Such stands shall be numbered. If the forester believes that doing so will yield a more readable map, this required information may be prepared as an overlay to a base map containing all other information.

(d) Data Collection. The following requirements shall apply to the collection of data:

(1) The information and recommendations contained in a qualified forester's report shall be derived from a qualified forester's analysis of data concerning the subject land. Such data may be collected by any forester certified pursuant to section 23-65h of the Connecticut General Statutes;

(2) To judge whether overgrown field areas or areas planted one year previously contain sufficient stocking of seedlings, the forester shall count the number of seedlings that are found in no less than five (5) evenly spaced, one-hundredth acre plots (11.8 feet in radius) per acre. Areas represented by plots containing less than six (6) seedlings shall be deemed not forest;

(3) To determine tree species, size, density and condition in other areas, the forester shall employ point sampling, using a sampling instrument appropriate for existing forest stocking and employing an appropriate sampling design;

(4) A qualified forester's report shall be based on point or plot data that is deemed reliable by the qualified forester and was collected from and concerning the land proposed for forest land classification not more than ten (10) years previous to the date the report is issued to the owner.

(e) Issuance of Report. Upon completion of a qualified forester's report, the forester shall provide the original report to the owner and retain one copy.

(f) Appeal of qualified forester's findings.

(1) Within thirty (30) days of receipt of the qualified forester's report, the owner of land classified as forest land or land proposed for classification as forest land may appeal to the State Forester for the State Forester's review of the qualified forester's findings with respect to: (i) the total number of acres within said property determined to satisfy the standards for forest land classification as found in section 12-107d-3 of the Regulations of Connecticut State Agencies; or (ii) the qualified forester's delineation of the land determined to satisfy the standards for forest land classification as found in section 12-107d-3 of the Regulations of Connecticut State Agencies or any changes in land previously classified as forest land. Such appeal shall be in writing and shall succinctly state the reason(s) for and facts of the appeal. A copy of the qualified forester's report shall be attached to the written appeal.

(2) Within thirty (30) days of receipt of a completed "Application To The Assessor For Classification Of Land As Forest Land," including a qualified forester's report, the assessor of any municipality within which the land classified as forest land or land proposed for classification as forest land is located may appeal to the State Forester for the State Forester's review of the qualified forester's findings with respect to: (i) the total number of acres within said property determined to satisfy the standards for forest land classification as found in section 12-107d-3 of the Regulations of Connecticut State Agencies; or (ii) the qualified forester's delineation of the land determined to satisfy the standards for forest land classification as found in section 12-107d-3 of the Regulations of Connecticut State Agencies or any changes in land previously classified as forest land. Such appeal shall be in writing and shall succinctly state the reason(s) for and facts of the appeal. A copy of the qualified forester's report shall be attached to the written appeal.

(3) Within five (5) business days of receiving such an appeal for review, the State Forester shall provide written notice of the appeal to the appellant, the qualified forester and either the owner or municipal assessor, whichever is not the appellant.

(4) Upon receipt of an appeal for review, the State Forester shall review the report of the qualified forester and any information upon which the qualified forester relied in developing his or her findings and may gather additional information at his or her discretion. The State Forester shall render the results of his or her review of the qualified forester's report to the appellant, in writing, not later than sixty days after the date the appeal was received and shall provide a copy of the results to the qualified forester and either the owner or municipal assessor, whichever is not the appellant.

(5) The State Forester may request copies of any information upon which a qualified forester relied in developing any qualified forester's report, including, but not limited to, point or plot sampling data, field notes, work maps, reference materials, and aerial photos. The qualified forester shall furnish such copies to the State Forester within fourteen (14) days of the State Forester issuing such request.

(g) Records Retention Requirements.

(1) A qualified forester shall maintain any information upon which the forester relied in developing any qualified forester's report, including, but not limited to, point or plot sampling data, field notes, work maps, reference materials, and aerial photos for not less than five (5) years from the date the qualified forester's report is transmitted to the owner(s) and municipal assessor(s).

(2) The State Forester shall maintain any information upon which he or she relied during any appeal-derived review of the findings of a qualified forester report and the results of his or her review of same for not less than five (5) years from the date the results of the State Forester's review are transmitted to the owner(s) and municipal assessor(s).

(Adopted effective July 27, 2006; Amended June 1, 2017)