Taking Down Trees in Wilton: What Homeowners Need to Know

You’ve heard the question debated, “If a tree falls in the forest, does it make a sound?”

Well, you may have noticed lots of trees falling in Wilton lately, many taken down by homeowners. But without obtaining the proper permits from the Town of Wilton, the sound homeowners hear might just be the thump of a cease-and-desist order landing on their doorstep or the cha-ching of a hefty fine.

The main issue with clearing trees, even a single tree, is its potential impact on wetlands and watercourses, which are prevalent throughout the town.

A quick look at the Inland Wetlands Commission’s recent public hearings shows a number of cease-and-desist orders and violations for unpermitted tree removal, with citations issued by the Environmental Affairs Department across the town.

So how do residents know what the town does and doesn’t allow them to do on their own property? The answers may not be obvious to homeowners looking for information on the town website.

If homeowners know to look under the Inland Wetland and Watercourse Regulations when they are considering tree work, they would see the following passages:

A Cautionary Case in Point

The case of one such homeowner — who is relatively new to Wilton, having purchased his property in December 2020 — illustrates the negative consequences of unpermitted work. (All of the details of this particular case can be found on the town website. GMW attempted to reach the homeowner but was unsuccessful before publication.)

In May 2021, as the homeowner was in the process of clearing trees and making other changes to the front yard and driveway areas, the Town issued a cease-and-desist order.

Not An Isolated Case

In a similar ongoing case, the resident of a property (a relative of the owner) was served with a cease-and-desist order from the Town when Town staff learned of unauthorized clearing of trees on the site.

In a letter to the town in response to the order, the resident explained, “There was significant prior storm damage, dead rot from the prior 30+ years of neglect, lying on the ground or partially fallen and dangerous.”

The resident appeared at the Sept. 23 Inland Wetlands Commission meeting.

“I want to apologize for causing any trouble. Obviously I didn’t understand or know,” he told the commission. “I wish we could have avoided all this.”

In fact, the wetlands in question are not even on the resident’s property, but on a neighboring property. However, the 100-foot regulated area extends onto the resident’s property where he was removing trees. Exacerbating the issues, the contractor he hired sprayed wood chips directly on both his and the neighbor’s property, directly adjacent to the wetlands.

The commission agreed to modify the cease-and-desist order to allow the resident to remove the problematic wood chips from his and the neighbor’s property. The resident will be required to submit a corrective action plan for the work, and the town will monitor the cleanup.

GMW reached out to First Selectwoman Lynne Vanderslice for comment.

“I would encourage residents with water on their property, even if it is seasonal, to speak with Environmental Affairs in the planning stages of any proposed work,” she cautioned.

She also offered a bit of advice: “Hire reputable, licensed landscapers or arborists as they know the regulations.”

She also pointed out that the Board of Selectmen had recently reduced or eliminated some Inland Wetland fees in an effort to encourage residents to follow the proper permitting process.