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Maine Alliance for Road Associations

Tree policy for road association

  • 27 Dec 2018 3:58 PM
    Message # 6973916
    Anonymous

    Our statutory road association is within a shoreline zoning area due to a pond. We have trees and brush within our right of way of our roads that need to be removed or trimmed. Does anyone's association have a policy for the rules and procedures to remove them? Some of them also abut between our private roads and  property owners land too. 

  • 13 Sep 2023 1:42 PM
    Reply # 13254004 on 6973916
    Deleted user

    Hi, 

    We had a similar question come up at our (statutory) road association meeting. I was wondering if you received any guidance on this or other folks had ideas on the following: 

    • What obligation does the road association have regarding tree trimming, cutting, and grass/etc. on sides of the road? Is there a particular setback standard?
    • If a tree near the road was to fall and damage someone's property (house, shed, etc.), could the road association be held liable for not removing/trimming it?

    Appreciate any thoughts folks have! 

  • 14 Sep 2023 8:08 AM
    Reply # 13254342 on 6973916

    Our association has a tree Policy. We obtained a surveyor to distinguish the boundary lines of the right of ways and property owners land. Then we researched tree removal policies with our town and DEP due to shoreland zones. The regulatory requirements are mind numbing. Tree branches that are over the road that are too low we have the right to trim them as long as they do not kill the tree. We do have to obtain a permit when removing a tree when it's within the shoreland zone and can not grind the stump (there's some other technical info about limits to grinding stumps). We do require permission by the owner for the association to remove the tree because each owner owns up to the middle of the road. In terms of liability, you'll have to consult your insurance agent. 

  • 21 Sep 2023 2:42 PM
    Reply # 13257592 on 6973916
    Deleted user

    Thank you! Would you mind sharing the section of your bylaws that has the tree policy? 

  • 24 Sep 2023 5:57 PM
    Reply # 13258523 on 6973916

    Yes, I would be glad to share it, just click on my name as a member to reply to me privately. I'd rather share it with you directly than to post it on our public website. 

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