What can we reason but from what we know? -Alexander Pope
Tree pruning and town ordinances
Trees are a major part of our landscapes. They can make a town memorable in a negative way or memorable in a positive way. Trees can brand a community. They are worth a monetary value for the air they clean, the erosion they can stop, the cooling capacity they provide and their aesthetic value. If we lived in an ideal world where all the trees, we planted were the proper tree in the proper location, then there would not need to be ordinances for trees placed too close to a sidewalk and creating overhanging limbs blocking visibility of traffic signs further down the road.
Ordinances are created for public safety. Sometimes ordinances are outdated and/or not clearly written because they do not spell out specifics and end up being vague. To do what is required of you as a homeowner, you must have a clear understanding of what is expected for tree maintenance. Understanding that any tree which is 10 feet from an intersection that blocks the view of traffic must be pruned. Any tree that causes a driver not to have a clear view for 61 feet ahead to see traffic signs or lights, then this is considered a safety hazard. These trees must be pruned. Or if a tree or shrub is placed ten feet from an intersection and blocks the driver’s view, then that tree or shrub must be pruned.
However, if a tree has limbs that appear to be hanging over a curb, but doesn’t block the view 61 feet ahead to see traffic signs or lights and the ordinance does not clearly spell out how high from the curb, sidewalk, or street those limbs must be, then the ordinance makes it a challenge to be enforced. In fact, it cannot be enforced. There can be many gray areas. As a homeowner you have the right to an appeal and a fair amount of time must be allocated for that appeal process which also must be spelled out in the ordinance for tree maintenance.
So, if you are looking for someone to help you in a situation that you need addressed with a tree, Colorado State University Extension has horticulturists, such as myself, who work with arborists and have a knowledgeable background in insects and disease issues, we would be happy to be of service. Certified arborists seem to be lacking in our area, but here is a comprehensive list below of arborists throughout the state. However, you must know the name of an arborist:
Here’s the ISA RMC Find an Arborist Link (treesaregood.org).
If there is no tree board, then who gets to decide on code enforcement? The police? The code enforcement officer? The town manager? The town council? In the case of Julesburg, the town council is the tree board according to my source. Are these council members qualified people to determine if a tree is imminently dangerous? What if a tree is exhibiting dieback? Does that mean the tree needs to be removed or could it be that a caterpillar chewed the leaves this season?
The town council may understand the codes for right-of-way but that just scratches the surface to tree issues. What about dead branches hanging over the into the right-of-way but not blocking anyone’s view? Is that cause to be immediately removed? Did the tree temporarily lose their leaves for the season? Were they frozen in late spring and will regrow? Trees are an important aspect of our property value.
Other safety issues that tree boards or town councils need to consider are about dead trees that have been standing for years nearby telephone poles or electrical lines that have not been removed which may or may not be a residential problem. Could it be trees still blocking a clear view of the intersection not yet addressed? Trees exhibiting dieback that might carry an insect or disease? There are many scenarios which an untrained person would not notice that could be a potential issue starting. Liability is an important issue for both the town and the resident to consider. Trees in alleys which are on town property are town liability. Trees in parks that are not well-maintained are town’s liability. Trees within private property are the resident’s liability.
You will want to hire a professional because improper pruning can damage your tree and cause loss of vitality and open the tree to insects and disease. When tree limbs that branch out over the curb are cut halfway, this leaves an opening for insects and diseases. Why? T hey will never heal over. It also can disrupt the crown to trunk ratio that each species of tree must have to maintain for stability and vitality. With improper pruning trees reduce your property value. Any landscape can increase the sale of your home by 20 percent. Having mature and well-maintained trees raises the aesthetics of your property and the town.
As an example of codes on tree maintenance here are the ones for Portland, Ore. Codes may vary from town to town and tree board to tree board. But for most, town requirements are to keep the right-of-way free of obstructions and to ensure safe passage for everyone, tree limbs must hang no lower than: 7.5 feet above the sidewalk, 11 feet above residential streets or 14 feet above main arterial streets.
Within the some tree maintenance ordinances is a suggested list of small trees for homeowners. However, the ordinance that I read did not direct me to a link for such a list. So, I am providing a list for people here. The following trees need to be placed 10 feet back from the curb or sidewalk. These are a few of the small trees:
1) Tatarian Maples — 18 feet high by 15 feet wide. In this case place the tree seven to eight feet back from the sidewalk or curb.
2) Seven-Sons-Flower — compact tree 10-15 high and as wide; some can range 15-25 high and about 15 feet wide. In this case place if the tree is 15 feet wide place the tree 8 feet back from the sidewalk or curb.
3) Crabapples such as Malus species ‘David’ — 15 high x 15 wide. In this case place the tree eight feet from the sidewalk or curb.
Here is a link where you can find a more comprehensive list of small flowering trees: https://extension.colostate.edu/docs/pubs/garden/07418.pdf
You will probably look at the list and say, why place a tree 15 feet wide only seven or eight feet back from the curb? A tree that gets 15 feet wide grows seven to eight feet on one side and seven to eight feet on the other side.
Trees are an important asset to our communities. They provide a healing effect and a notion of safety. Trees say a lot without saying anything. A tree in poor health is the reflection of the community. A tree in good health reflects the community as well. Which would you rather have?
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