Can You Plant Trees on a Right of Way?

A Right of Way (ROW) is a legal concept referring to the right of individuals or entities to travel over land they do not own. ROWs may include roadways, walkways, bike paths, and other types of similar infrastructure. Many people wonder whether they can plant trees on ROWs. In this article, we will explore the answer to this question and related issues.

The Legal Framework

ROWs are controlled by local jurisdictions, such as municipalities or counties, and the laws regarding ROWs vary from place to place. In general, ROWs are considered public assets and are managed by government agencies. No one can plant trees on ROWs without approval from these agencies.

One important issue to consider is liability. If a tree planted on a ROW falls and injures someone or damages property, the owner of the property adjacent to the ROW may be liable. Therefore, government agencies are cautious about allowing trees to be planted on ROWs, as they want to avoid any legal issues.

Benefits and Drawbacks of Planting Trees on ROWs

Planting trees on ROWs can bring many benefits to a community. Trees can provide shade, improve air quality, and reduce the urban heat island effect. They can also enhance the aesthetic appeal of a neighborhood and increase property values. In some cases, trees can even reduce the amount of noise that reaches adjacent properties.

However, there are also some drawbacks to planting trees on ROWs. As mentioned earlier, liability is a major concern. Trees that are not properly maintained can pose a hazard to people and property. In addition, trees can interfere with power lines and other infrastructure. If a tree grows too tall, the municipality may need to prune or remove it, at the expense of the property owner.

The Approval Process

If you are thinking about planting trees on a ROW, you will need to obtain approval from the appropriate government agencies. The process varies from place to place, but it generally involves filling out an application and providing details about the proposed planting, such as the species of trees, their size, and location. The government agency will review the application and determine whether it complies with local regulations.

In some cases, the government agency may require you to hire a certified arborist to evaluate the proposed site and make recommendations about the best types of trees to plant. This can help ensure that the trees are planted in a way that minimizes risks to people and property.

Conclusion

While it is possible to plant trees on ROWs, it is not something that can be done without approval from the appropriate government agencies. The process can be complex and time-consuming, but the potential benefits of planting trees can make it well worth the effort. If you are considering planting trees on a ROW, be sure to research the local regulations and consult with a reputable arborist to ensure that you are doing it safely and responsibly.