Cutting on Wetlands and Other Preserved Land Connecticut’s preserved lands are under siege, according to, Preserved But Not Protected, a recent report by Connecticut’s Council on Environmental Quality (CEQ). The most common problem is illegal tree-cutting, but there are many other illegal actions to conservation lands owned by the state, municipalities, land trusts and other private entities. While evidence for encroachment of public and preserved land is easy to document there is a lack of legal recourse available to defend against them. Below are two articles on a recent Connecticut Supreme Court case involving the illegal cutting of 340 trees in wetlands on land owned by the East Haddam Land Trust and The Nature Conservancy. Both articles and CEQ’s Special Report are instructive for both Inland Wetlands and Conservation Commissions.

	CT DEP Victorious before the State Supreme Court: Mellon Tree-Cutting Subject to CEPA Relief. By Assistant Attorney General Janet P. Brooks
	The Habitat Fall 2005 Damages for Wetlands Violations: Lesson from Ventres v. Mellon, by Mark K. Branse, Esq; The Habitat, Fall 2005
	Preserved But Not Protected, Connecticut’s Council on Environmental Quality; 2005 Special Report .

	Motorized Trespassers Threaten and Destroy Open Space Value and Function. By Tom ODell, Chairman Westbrook Conservation Commission
	The Connecticut Conference of Municipalities (CCM) has compiled a comprehensive list of information related to federal, state and municipal ATV regulations.

	Commissioner Training: Introduction to Stormwater Treatment. Municipal Inland Wetland Commissioner’s Training Program, Cheryl Chase, P. E. DEP Inland Water Resources Division. (This is a large file)

Upland development can impact the physical characteristics of wetlands and watercourses. To learn more click on: Resources for Assessing Upland Development Impacts on Wetlands and Watercourses

Invasive Plant Atlas of New England

Connecticut's Supreme Court Upholds Wetland Protection

The state Supreme Court ruling in Queach Corporation v. Town of Branford Inland Wetlands Commission (September 25, 2001) provides further case law supporting a Connecticut municipal Inland Wetlands Commission ability to review and regulate activity that occurs in non wetland areas, but that may impact wetlands—including off site wetlands. This decision codifies the importance and scope of Connecticut’s Inland Wetlands and Watercourses Act and challenges and supports municipal wetland agencies to look beyond the wetland when making land use decisions. It also should reduce the potential for developers to threaten or attempt legal action regarding Commission review and regulation of activities in non wetland areas.

The scope and importance of the Queach decision will be reviewed and discussed in a Special Issue of The Habitat. CACIWC recommends the Queach decision be downloaded from our online library, copied, and reviewed by all Inland Wetland Commission and Conservation Commission members. The case instruction and will provide guidance in recommending and/or making decisions regarding regulated activities. For more information, visit the Queach Information Page located on this web site.

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