[CANUFNET] Privately owned trees on publicly owned road right of way

[Barkley, David E]

Sheila,
Here in Ottawa our approach is that roots "potentially" from a City tree under a private walkway or driveway are dealt with by working with the homeowner to remove the interfering root when they are going to undertake the repairs to the walkway/driveway, if they notify the City we will come by and cut out the roots back to the edge of excavation, or they could simply have their contractor do it if they have made arrangements with the Forestry Inspector of their area, if the resident does not repair we do not do any root pruning. This is not always what a resident would like, normally they want the City to do all the work at our cost, but typically it is not the root that is the main issue it is the age/condition/type of driveway and the root is just helping the heaving along by taking advantage of the available moisture.

Hope this helps, probably not the answer you like to hear.

David E. Barkley
A/ Division Manager,  Forestry Services 
City of Ottawa
Forestry Division
100 Constellation Cres. 5th Floor
Ottawa, ON K2G 6 J8 
Mail Code 26-62 
(613) 580-2424 ext. 21148
(613) 580-2611 Fax

   

-----Original Message-----
From: canufnet-bounces at list.web.net
[mailto:canufnet-bounces at list.web.net] On Behalf Of Sheila Flint
Sent: February 19, 2008 1:55 PM
To: canufnet at list.web.net
Subject: [CANUFNET] Privately owned trees on publicly owned road right
of way

Good day to all. A resident has approached us to remove a spruce tree
located on his property. The tree is actually on County road right of
way but was not planted by the County or the developer. The tree has
never been maintained by our Parks department. Our legal department has
informed us that it is our responsibility as it is on road right of way.
The resident claims that the tree is hazardous and questions who would
be liable if it were to fall on his vehicle. We have done a hazard
assessment and the tree poses no risk that we can see. 
Legal has informed us that the tree is ours to maintain in the future.
The resident was told that he could not remove the tree as it belongs to
our County. 
Here is the question: The resident has come back stating that the tree
roots from this spruce are damaging his driveway. Does anyone have a
by-law or policy that covers this? 

Sheila Flint
(780) 464-8496
(780) 893-5829

Host of the 2008 Canadian Urban Forest Conference
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