Researcher: JKL Page 1 4/6/22
OLR Bill Analysis
sSB 117
AN ACT CONCERNING TREE REMOVAL ON PROPERTIES UNDER
THE CONTROL OF THE DEPARTMENT OF ENERGY AND
ENVIRONMENTAL PROTECTION.
SUMMARY
This bill establishes standards and processes that the Department of
Energy and Environmental Protection (DEEP) must follow before
removing or pruning certain trees in state parks and campgrounds.
Specifically, the bill requires the DEEP commissioner to consult with
a licensed arborist who is not employed by or under contract with DEEP
before authorizing the removal or pruning of (1) five or more trees per
acre or (2) a tree that (a) an arborist estimates to be at least 75 years old,
(b) is a species of concern, or (c) is a threatened or endangered species.
If the arborist determines that an identified tree is not an immediate
public hazard, the DEEP commissioner must notify the public about the
proposed work and hold a public hearing if anyone objects to it. If the
tree is an immediate public hazard, DEEP may move forward with the
work after consulting with the arborist, and must make public record of
each tree removed and the arborist’s determination after considering
specified factors.
Lastly, the bill requires the DEEP commissioner to have replacement
trees planted in the park or campground after a tree removal. The
planting must be (1) with comparable trees as those removed (i.e., the
same or similar species that will yield similar calipers, canopy, and
aesthetic characteristics) and (2) in the area of the park or campground
where the removal occurred.
EFFECTIVE DATE: Upon passage
PUBLIC NOTICE AND HEARING 2022SB-00117-R000347-BA.DOCX
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Under the bill, if the arborist DEEP consults with determines that an
identified tree does not present an immediate public hazard, the DEEP
commissioner must, at least 10 days before the proposed work, post on
each identified tree a notice of DEEP’s intention to remove or prune it.
If anyone objects to the work, they may petition the commissioner for a
public hearing. They must do this in writing on a form the commissioner
develops.
If the commissioner receives a petition for a hearing, she must
suspend the tree work and hold a public hearing in accordance with the
Uniform Administrative Procedure Act. She must (1) give all known
interested people at least 10 days’ notice of the hearing date and time
and (2) post a notice of the hearing on each identified tree.
Within 10 days after the hearing, the bill requires the commissioner
to give known interested people her decision about the tree removal or
pruning.
ARBORIST CONSIDERATIONS
When determining if a tree is an immediate public hazard, the bill
requires the arborist to consider the following factors:
1. the tree’s proximity to the public’s use of the park or
campground, and if physical changes to their use could
reasonably change the determination of the tree being an
immediate public hazard;
2. the feasibility of pruning or pesticide application instead of
removal; and
3. the tree’s age and history to determine if it has social or scenic
value.
PUBLIC HAZARD TREE REMOVAL AND RECORDS
Under the bill, if the arborist determines an identified tree is an
immediate public hazard, the DEEP commissioner must consult the
arborist to determine if immediate removal is needed. If so, she may
have the tree removed. 2022SB-00117-R000347-BA.DOCX
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The bill requires the commissioner to record the (1) date and location
of each public hazard tree that is removed and (2) arborist’s
determination after considering the above factors. She must post this
record within three days of the tree removal on DEEP’s website.
COMMITTEE ACTION
Environment Committee
Joint Favorable Substitute
Yea 31 Nay 0 (03/22/2022)