[CANUFNET] Municipal Tree Risk Assessment Policies

[Naomi Zurcher]

Does the municipality have a Right-of-Way ordinance which would have changed the status of the private tree to a public tree given its proximity to a publicly accessible roadway?

Naomi Zürcher

> On Oct 19, 2022, at 9:02 AM, Jack Radecki via CANUFNET <canufnet at list.web.net> wrote:
> 
> I posted this morning on the American Society of Consulting Arborists Listserve the post as shown below. I know that many municipal tree managers subscribe to CANUFNET with hopes of getting an opinion or even a confirmation from within the Tree Risk Assessment Policy. Anyone is welcome to provide their opinions here. See below.
>  
> “I am looking for precedents or opinions on private trees targeting municipal rights of way. In this case a badly decayed willow had fallen across a roadway injuring a pedestrian. There was no sidewalk and the tree fell across the whole roadway. I have reviewed pictures showing extensive decay in a large open wound on the main stem easily visible from the roadway. This tree would easily have been labelled as an extreme risk for failure by a competent tree inspector. I do note that the shoot growth and foliage size and colour was still good despite the structural defect. As target is one of the 3 main components of tree risk assessment, should the municipality showed due diligence in inspecting this private tree targeting the road allowance that pedestrians frequently use? Does the responsibility fall to the municipality to note and take steps (action) to have the tree removed in terms of notice to the owners? Now that the tragedy has occured and litigation has begun what can be expected as a result? Remember that this is a private tree. I wonder how many municipal tree risk assessment policies include private trees? In 2005 I was retained within a coroners inquest sadly for a child death on an educational trail at a botanical garden. As a result of the decision from the inquest a mandate was initiated to have all Conservation Authorities, Municipalities and Private Institutions create and maintain a Tree Risk Assessment Policy.”
> 
> Jack Radecki RCA 342 Lindsay, Ontario, Canada

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