Can You Plant Trees in Road Right of Way?

The road right of way, which is also known as the road easement or simply the easement, refers to the area of land on which public roads are constructed. It is the property of the government, which means that private individuals cannot legally construct any permanent structures on it. However, many people wonder whether planting trees on the road right of way is allowed. The answer is not straightforward, but generally speaking, it depends on several factors.

Local Regulations

The first factor that determines whether you can plant trees on the road right of way is local regulations. Rules and regulations about the use of the road easement vary from state to state and even from city to city. In some places, planting trees on the road right of way is not allowed under any circumstances. In others, you may be required to obtain a permit or follow certain guidelines to plant trees on the road right of way. Therefore, you should always check with your local government to find out what the rules are.

Safety Concerns

The second factor that determines whether you can plant trees on the road right of way is safety. Trees planted on the road right of way can pose a hazard to motorists, pedestrians, and cyclists if they are not planted properly or if they grow too large. For example, if a tree is planted too close to the edge of the road, its branches can obstruct the vision of drivers and cause accidents. Similarly, the roots of trees can damage sidewalks, curbs, and other infrastructure. Therefore, if you want to plant trees on the road right of way, you should follow safety guidelines and choose trees that are appropriate for the location.

Maintenance and Liability

The third factor that determines whether you can plant trees on the road right of way is maintenance and liability. If you plant trees on the road right of way, you are responsible for their maintenance, including pruning, watering, and fertilizing. Additionally, you may be liable for any damage or injury caused by the trees. Therefore, before you plant trees on the road right of way, you should consider whether you have the time, resources, and expertise to maintain them properly. You should also consult your insurance company to find out if you need liability coverage.

Conclusion

In conclusion, whether you can plant trees on the road right of way depends on several factors, including local regulations, safety concerns, and maintenance and liability. Before you plant trees on the road right of way, make sure that you have obtained the necessary permits, followed safety guidelines, and have the resources to maintain them properly. By doing so, you can help enhance the beauty of your community and provide important environmental benefits while also ensuring public safety.