| June 30, 2008 - NFA Takes on Illegal Dumping Back to News Index |
Whispers in the Forest
Newtown Forest Association
Connecticut's Oldest Private Land Trust
Connecticut's Oldest Private Land Trust
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Last week the Town of Newtown, Wetlands Enforcement Division, (the “Town”) notified us that extensive illegal dumping/filling-in of the wetlands had
occurred at our Nettleton Preserve (the “Preserve”) off of West Street and caused significant damage to the wetlands and the riparian buffer to the
creek that crosses the property.
The Preserve was donated to the NFA under the provision that it was to be designated as a wildlife preserve, and only passive recreational activities
are to be permitted. This is not to be used for area residents to discard their yard waste.
The Town has informed us that the NFA could face fines and could be required to incur significant costs to remediate this illegal dumping area. The
Town does acknowledge that the NFA is not responsible for the illegal dumping/filling-in of its wetlands nor does it condone this action by its
neighbors. Putting aside the fact that the dumping is occurring on highly regulated wetland areas; it is occurring on private property.
NFA is the oldest private land trust in the State of Connecticut and a 501(c)3 charitable not-for-profit organization. We are not a town or municipal
entity. We are private landowner just like you, although our purpose in owning property is to protect it in a natural state for wildlife and passive
recreation. While we are pleased to open many of our properties to the public for passive recreational use, we must strictly prevent illegal dumping.
Illegal dumping has not ever been allowed on this, or any NFA property.
We are asking for everyone’s help in stopping this trespass on our land. Here is what you can do:
1. If you are responsible for the past or present dumping or filling-in of wetlands with your yard waste on our property, please immediately cease
doing so. We would also appreciate your help in our remediation efforts.
2. If you know of others that use the Preserve for illegal dumping and filling-in of yard waste, please let them know that such use is prohibited and
must stop. Please contact us or try to engage them and request that they contact the NFA directly and collectively work on a remediation plan.
Such remediation may require permits in many instances and we can assist in those efforts.
3. Please contact the Newtown Police Department if you notice illegal dumping by people using the Preserve. They have been made aware of the
problem and will be helping us put an end to this problem.
Please leave a message on voicemail at 203-270-3650 or via EMAIL to one of our Board Members to report any illegal activity or unauthorized use.
The NFA has recently taken several additional measures to help stop the illegal dumping, including posting the Preserve with “NO DUMPING” signs,
bar-ways preventing truck and tractor access and more of our “NFA Wildlife Preserve” signs on portions of the boundaries.
In Connecticut, land conservation organizations like ours enjoy the benefit of vigorous state laws protecting their property rights. These laws include
tough remedies against encroachment, which is defined to mean “to conduct an activity that causes damage or alteration to the land or vegetation
or other features thereon.” This specifically includes damage done by illegal dumping, ATVs, constructing unauthorized trails, cutting trees and
shrubs, destroying or moving stone walls or erecting unauthorized structures, such as fences. Encroachers are required to remedy the
encroachment by restoring the land to the condition it was in prior to the encroachment. The land trust’s remedy may include damages, multiple
damages, injunction, and attorney fees.
Any court action will seek reimbursement of our costs, management fees, if any, reasonable attorney fees, and whatever damages are appropriate.
We regret that this has become necessary, but, like any neighbor, we must protect our property, which we intend to preserve for generations to
come.
In addition to the prohibition against illegal dumping on our property, the use of motorized vehicles, hunting, trapping or the discharge of firearms
(including paint-ball guns) of any sort are also prohibited activities on NFA property.
occurred at our Nettleton Preserve (the “Preserve”) off of West Street and caused significant damage to the wetlands and the riparian buffer to the
creek that crosses the property.
The Preserve was donated to the NFA under the provision that it was to be designated as a wildlife preserve, and only passive recreational activities
are to be permitted. This is not to be used for area residents to discard their yard waste.
The Town has informed us that the NFA could face fines and could be required to incur significant costs to remediate this illegal dumping area. The
Town does acknowledge that the NFA is not responsible for the illegal dumping/filling-in of its wetlands nor does it condone this action by its
neighbors. Putting aside the fact that the dumping is occurring on highly regulated wetland areas; it is occurring on private property.
NFA is the oldest private land trust in the State of Connecticut and a 501(c)3 charitable not-for-profit organization. We are not a town or municipal
entity. We are private landowner just like you, although our purpose in owning property is to protect it in a natural state for wildlife and passive
recreation. While we are pleased to open many of our properties to the public for passive recreational use, we must strictly prevent illegal dumping.
Illegal dumping has not ever been allowed on this, or any NFA property.
We are asking for everyone’s help in stopping this trespass on our land. Here is what you can do:
1. If you are responsible for the past or present dumping or filling-in of wetlands with your yard waste on our property, please immediately cease
doing so. We would also appreciate your help in our remediation efforts.
2. If you know of others that use the Preserve for illegal dumping and filling-in of yard waste, please let them know that such use is prohibited and
must stop. Please contact us or try to engage them and request that they contact the NFA directly and collectively work on a remediation plan.
Such remediation may require permits in many instances and we can assist in those efforts.
3. Please contact the Newtown Police Department if you notice illegal dumping by people using the Preserve. They have been made aware of the
problem and will be helping us put an end to this problem.
Please leave a message on voicemail at 203-270-3650 or via EMAIL to one of our Board Members to report any illegal activity or unauthorized use.
The NFA has recently taken several additional measures to help stop the illegal dumping, including posting the Preserve with “NO DUMPING” signs,
bar-ways preventing truck and tractor access and more of our “NFA Wildlife Preserve” signs on portions of the boundaries.
In Connecticut, land conservation organizations like ours enjoy the benefit of vigorous state laws protecting their property rights. These laws include
tough remedies against encroachment, which is defined to mean “to conduct an activity that causes damage or alteration to the land or vegetation
or other features thereon.” This specifically includes damage done by illegal dumping, ATVs, constructing unauthorized trails, cutting trees and
shrubs, destroying or moving stone walls or erecting unauthorized structures, such as fences. Encroachers are required to remedy the
encroachment by restoring the land to the condition it was in prior to the encroachment. The land trust’s remedy may include damages, multiple
damages, injunction, and attorney fees.
Any court action will seek reimbursement of our costs, management fees, if any, reasonable attorney fees, and whatever damages are appropriate.
We regret that this has become necessary, but, like any neighbor, we must protect our property, which we intend to preserve for generations to
come.
In addition to the prohibition against illegal dumping on our property, the use of motorized vehicles, hunting, trapping or the discharge of firearms
(including paint-ball guns) of any sort are also prohibited activities on NFA property.