Subject: Re: [TT] Legislation about trees on private property
Date:Wed, 10 Oct 2001 09:34:15 -0800
From: Patricia Joyner
Organization: DNR Division of Forestry
To:TREETOWN@LSV.UKY.EDU
References: 1 , 2


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Paul Dykema wrote:

> The place to start is with the community attorney. They will know state
> laws about taking the use of property and historic area designation.
> There may be state law under which the site can be declared historic but
> that usually takes more than just being a big tree. Is there anything
> especially historic about the trees?
>
> Paul
>
> Paul and Sue Abendroth wrote:
> >
> > Last spring I got some help about combating Gypsy moths .... see
> > www.yscitizens.org/otherorg/ystc/gypsy1.htm for a report on that activity.
> >
> > This time I need help with legislation concerning historic trees on private
> > property. The owner of some property in the center of our small town is
> > expanding the restaurant in a historic tavern. Two Osage Orange trees were
> > cut down to make room and there was a small protest and an effort to speed
> > legislation to protect other trees from the same fate. (see discussion
> > board www.yscitizens.org/wwwboard/index.html )
> >
> > Our tree committee mostly plants and tends trees - and mostly on public
> > land. We also give advice to individuals, organizations, and the village
> > manager when asked. Our one attempt at influencing public policy was the
> > failed attempt to allow Gypsy Moth treatment (above) but we did years ago
> > provide the text for the street tree ordinance for guiding developers in
> > laying out new tracts ( www.yscitizens.org/ysdocs/ordinances/1226ab.htm ).
> >
> > We are going to be asked our opinion on privately owned trees. Most of us
> > would like to avoid the politics and most are at this point not in favor of
> > such legislation. However, we look to you for experiences and references on
> > the subject. Under what circumstances is such legislation needed? What
> > wording meets those needs, or should be avoided? How are "historic" trees
> > identified, documented, removed from the list? Are there inspectors,
> > judges, boards, permits, tree police? Does management rely on neighbors,
> > owners, officials, committees? When trees are protected by ordinance, who
> > is responsible for injury or damage caused by protected trees? Any other
> > problems/benefits than the obvious?
> >
> > Thanks for any input. I'll post our progress / results later if you want.
> >
> > Paul Abendroth
> > Yellow Springs Tree Committee
> >
> > (Ohio)
> >
> > Paul and Sue Abendroth
> > pabendro@gemair.com
> > our permanent address is pabendroth@dma.org