Is there a law that allows a municipal highway department to remove trees, brush, and vegetation along the right of way area of a road and/or are there any regulations or laws that protect trees along the right of way, thus prohibiting a municipality from

The ability of the town to remove trees along the road is dependent on the type of right of way that has been established and whether it is a safety concern.

If the road is a right of way by use, where the landowner owns to the center of the road, then the landowner is responsible for the tree removal. The town does have the authority to remove trees if they feel they are a safety issue to the traveling public, but it is recommended that they reach out to the landowner, and possibly the landowner’s insurance carrier, first.

If the right of way has been established by a deed and the town actually owns the land, then the town may be responsible for the tree removal. In cases where the town does own the land and a tree is close to the edge of the road, it is often recommended to remove the tree to reduce the potential for a serious crash.

The town board may have also passed a local law or regulation making the landowner responsible.

With regard to brush along the road, particularly if the shoulders and ditches are maintained regularly, the town would cut the brush and vegetation to improve the visibility and safety of the road as part of their maintenance regardless of the type of right of way. This type of continued maintenance helps define the right of way in cases where the road is a right of way by use.

Resources

CLRP manual: Powers and Duties of Local Highway Officials
https://cornell.app.box.com/v/clrp-ws-pd

May 2018