Rule of 6
Question: I remember hearing something about 6 years or 6 inches, something like that, which defines the road right-of-way regarding trees and whether or not you’re allowed to take it down. What is this rule?
Answer:
You can always remove a tree for safety reasons (which need to be documented), but you might need to pay for it. A better approach would be to work with the landowner.
On a road by use the landowner still owns the wood even if you take it down. Offer to take the brush and limbs and leave them the wood. That works in many cases. It should be set as a policy so all landowners are treated the same.
As for the rule of 6, …
The width of a ROW is gained after 10 years but can be lost in only 6 years. If a tree grows big enough to be a hazard that is evidence the town has not maintained the ROW. Some people have used a 6-inch diameter to define when the tree is big enough to be a hazard, but we recommend 4 inches as some species of wood are not likely to shear off when a car hits them, even at the smaller diameter.
Resources