As a homeowner, you might be curious whether there are rules that prevent you from cutting branches off your trees that overhang public spaces – or maybe you’re wondering if you are actually required to remove them? Who takes care of the trees that exist in spaces that are somewhere between public and private areas? What happens if your neighbor’s tree damages your property, or your tree damages someone else’s? Is there any harm in “helping out” by pruning, watering, or mulching a tree in a public space in Cincinnati? We answer some of the most common questions we’ve gotten regarding the laws and rules that cover Cincinnati’s trees.
You Need a Permit to Work Near Trees
Anyone who wants to do any type of work within 15 feet of trees in public spaces (along roads, in parks, etc.) must apply for a permit to do so. This is done to make sure that excavation, construction, and repairs are done in a way that considers the needs of public trees and ensures that the trees won’t be harmed during the work. Cincinnati is serious about protecting its urban trees!
You Can’t “Helpfully” Care for Public Trees
It is illegal in Cincinnati to damage, prune, trim, remove, harm, attach anything to (including wire, nails, staples, etc.), injure, set fire to, or allow toxic substances to harm any of Cincinnati’s public trees. You also can’t plant trees in public spaces, transplant trees in public spaces, or “treat” trees in public spaces for disease or infestation. So not only should your yard sale posters get hung up somewhere other than the tree on the corner, you also can’t jump in with your pruning shears if you think the poplar on your street looks like it’s in need of a little trim. Cincinnati hires tree care experts to care for their trees, and unless you’re a tree care pro with a contract for public tree care, you need to leave those trees alone.
You Have to Prune Your Trees if They Interfere with a Public Space
Any tree that overhangs a public space in Cincinnati needs to be properly maintained. There are specific rules (which you can read here) but there are a few important points you should know. Trees have to be pruned, trimmed, or even potentially removed if they interfere with sightlines for driving or interfere with walking, driving, or the maintenance of power lines. Trees have to be at least 8 feet above sidewalks and at least 14 feet above roadways.
If There’s an Issue with Your Tree, You Have to Deal with It
If your tree is in the way (see above) or is determined to be a risk to public safety, it’s your responsibility, as the owner of the property that the tree is growing on, to deal with the problem (by trimming the tree or removing it). If your tree is sick with something (disease or pest) that could be transmitted to other trees, it needs to be treated or removed, or the city may deal with it for you (and send you the bill).
What Happens if My Neighbor’s Tree Damages My Property (or My Tree Damages Someone Else’s?)
It might surprise you to know that if your neighbor’s tree falls onto your property, even if it does damage, they probably don’t have to pay you. The important exception to this comes in the case of negligence. If the owner of the tree knew (or should have known) that the tree was at risk of falling or breaking, and did nothing to prevent it, then they ARE considered to be at fault and liable. (This is one of the most practically compelling reasons to get an annual tree inspection. If a tree service professional looks at your trees and declares them to be in good condition, you’re unlikely to have any liability in the case of an accident in the near future accident.)
If you’re in the Cincinnati area, and you have questions or concerns about your trees, or about public trees near your home, give us a call here at Tree Images. We can answer your questions and/or point you in the right direction for answers. And schedule your annual tree inspections – it could save you a lot of headaches in the future!
