How Can Property Owners Protect Their Trees From Utility Trimming?

Question from Robby, How Can Property Owners Protect Their Trees From Utility Trimming?

Answer from AI:

In the United States, electric companies and their contractors, like Asplundh, are generally allowed to trim trees near power lines to maintain safety and reliability of the electrical grid. This is often done to prevent outages, fires, and other hazards caused by overgrown vegetation. However, property owners like you have concerns about how this trimming is done and its impact on their trees. Here’s what you need to know:

Legal Basis for Tree Trimming

• Utility Easements: Electric companies often have easements on private property that allow them to access and manage vegetation near power lines. These easements are usually granted when the power lines are installed and are recorded in local property records.
• National Electric Safety Code (NESC): This code provides guidelines for maintaining clearance between power lines and vegetation. Typically, utilities aim for a clearance of 10 to 15 feet around power lines to ensure safety and reliability.
• State and Local Regulations: Many states have laws or regulations that give utilities the authority to trim trees near power lines. For example, some states require utilities to notify property owners before trimming, while others allow trimming without prior notice.

Your Concerns About Tree Health

• Proper Trimming Practices: While utilities have the right to trim trees, they are generally expected to follow arboriculturally sound practices. This means trimming specific branches rather than topping the tree, which can harm the tree’s health and lead to its decline or death.
• Topping vs. Pruning: Topping (cutting off the top of the tree) is often considered harmful because it can stress the tree, make it more susceptible to pests and diseases, and create safety hazards. Proper pruning, on the other hand, removes specific branches to maintain clearance while preserving the tree’s health and structure.

Do You Have Standing to Object?

• Right to Negotiate: While utilities have the right to trim trees near power lines, you may have the right to request that the trimming be done in a way that minimizes harm to your trees. You can contact the utility company or their contractor (Asplundh) to discuss your concerns and ask for a more careful trimming approach.
• Seeking Compensation: If the trimming results in significant damage to your trees, you may be able to seek compensation for the loss of value to your property or the cost of removing dead trees. This depends on the specific circumstances and local laws.

Steps You Can Take

1. Contact the Utility Company: Reach out to the electric company or Asplundh to express your concerns. Provide photos or documentation of your trees and explain why you’re worried about the trimming method.
2. Request a Tree Trimming Plan: Ask for a detailed plan of how the trimming will be done. If possible, request that a certified arborist inspect the trees and recommend the least harmful trimming methods.
3. Document the Trees: Take photos and document the condition of your trees before any trimming occurs. This can be helpful if you later need to prove that the trimming caused damage.
4. Consult a Professional: If you’re unsure about the best way to protect your trees, consider hiring a certified arborist to assess the situation and provide guidance.
5. Know Your Rights: Research your state and local laws regarding tree trimming by utilities. Some states provide additional protections for property owners or require utilities to pay for damage caused by improper trimming.

When to Seek Legal Advice

If the utility company refuses to work with you or if the trimming results in significant damage to your trees, you may want to consult with a lawyer who specializes in property rights or environmental law. They can help you understand your options and determine whether you have a case for compensation or other remedies.

Additional Resources

For more information, you can review the National Electric Safety Code or check with your state’s public utility commission to learn about specific regulations in your area. Many states also have guides for property owners on how to manage trees near power lines.

In summary, while utilities have the authority to trim trees near power lines, you have the right to advocate for methods that minimize harm to your trees. By communicating with the utility company and seeking professional advice, you can work toward a solution that balances safety and tree health.