Does a town have an obligation to remove diseased trees on roads on the town's right of way?

diseased tree. Source: http://www.fs.usda.gov/detail/r10/communityforests?cid=fsbdev2_038420

The obligation to remove trees may depend on the type of right-of-way (ROW). In many cases, the land owner owns to the centerline. In those cases, the removal of the tree would only be required of the Town if they feel it is a safety issue for the traveling public. If the ROW is defined by the deeds along the highway and the Town actually owns the land, it may be a Town responsibility.  The Town Board may have passed a local law or regulation making the land owner responsible. You would need to contact the Town to find out if there are any local regulations. You should review any deeds for the highway to see how the ROW is defined.

More details on this subject can be found in the Red Book and the Cornell Local Roads Program workbook Powers and Duties for Local Highway Officials.

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