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Tolland commission approves enforcement order after unauthorized tree clearing, adopts enforcement protocol guidance
Summary
The Tolland Conservation Commission approved an Order of Enforcement for unauthorized tree clearing at 0 Otter Pond Trail and discussed a five-step enforcement protocol with MASSDEP guidance, setting a March 12, 2026 deadline for a restoration plan and two-year monitoring of planting.
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The Tolland Conservation Commission on Jan. 29, 2026 approved an Order of Enforcement requiring restoration after trees were cleared without prior approval at Lot 17, 0 Otter Pond Trail, owned by Amanda Cernitz.
The commission required Cernitz to submit a restoration and replanting plan to the TCC by March 12, 2026 that includes a map of proposed native species. The owner must retain an engineer and an arborist to ensure the plan meets the TCC's and Wildwood Property Owners Association's requirements; Wildwood POA was recorded as owning 30 feet of the property and must be coordinated with. Planting is to commence around April 15, 2026, weather permitting, and the TCC will monitor the site for two years to confirm full restoration. Straw waddles were ordered placed immediately to help reduce erosion.
Commissioners said they would monitor compliance; the commission voted unanimously to approve the Order of Enforcement.
In new business the commission discussed enforcement protocols with Mark Stinson of the Massachusetts Department of Environmental Protection. Stinson outlined recommended steps for addressing serious Wetlands Protection Act violations: use AXISGIS/MASS Mapper desktop review to confirm wetland proximity, conduct drive-by visits from neighboring or public property (no drones), photograph site conditions including any contractors present, issue verbal stop orders and follow up with written orders to document the violation, and then issue a formal Enforcement Order as appropriate. Stinson noted the burden of proof for enforcement rests with the local commission.
The commission also approved the Dec. 18, 2025 meeting minutes, set its next meeting for Feb. 26, 2026 and adjourned at about 6:15 p.m.
