Question about limbing trees.

[JAH1]

What is the name of your state (only U.S. law)? Wisconsin

I live in the country, on a very rural road, maybe 5 cars a day drive by my house, I have a Maple tree overhanging the road, this trees limbs did not obstruct the view or cause a driving hazard. It's trunk is within the right away. I noticed one day that limbs had been cut off this tree, so I made a few phone calls. I found out that supposedly a semi truck driver complained to the township I reside in, because the limbs brushed his truck, and was also told a school bus driver complained. The semi driver may have been one of the one or two that use this road, only in winter when a seasonal business is being run, and the school bus never comes down this road. I also talked to the business owner and he said he never had any complaints about any trees on my property. The thing is these limbs were cut without my permission and they were not obstructing any ones view and may have only touched the top of the semi drivers truck, which I doubt happened, as it was winter and leaves were off the tree and so they would have not hung as low as they would have in summer. I know it is a done deal and the tree is not dying, but I found a law saying shade trees were not to be limbed on roadways without specific things being done, one in particular was a village had to ok it because it was a shade tree. This was a state law and the township said they did not have to abide by it because it was not specifically a town law. I do not agree with this, and I do not want to cause any problems, but for my own knowledge I would like to know how this works, would not a state law be one thay have to follow?

Below is the parts of the law I was referring to:

86.03(4)
(4) Cutting or injuring trees on highway. No person shall cut down, break, girdle, bruise the bark, or in any other manner injure, or allow any animal under that person's control to injure, any public or private trees, shrubs, or hedges growing within the highway, except as the owner thereof or the public authority maintaining the highway may cut down, trim and remove trees, shrubs, and hedges for the purpose of and conducing to the benefit and improvement of the owner's land or the highway facility, subject to sub. (7).

86.03(5)
(5) Mutilation of trees. It shall be unlawful for any person to injure, mutilate, cut down, or destroy any shade tree growing on or within any street or highway in any village in this state, unless express permission to do so has been granted by the village's board of trustees.

86.03(6)
(6) Fines. Except as provided in sub. (7), any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $25 for each tree or shrub damaged, felled or destroyed.

Any input on this would be helpful.
Thanks, JAH1What is the name of your state (only U.S. law)?

 

[seniorjudge]

If you are asking if the highway maintenance folks can cut tree limbs, the answer is yes.

 

[JAH1]

I am not asking if a highway or other government agency can cut down trees or cut limbs, my point is that the limbs were not causing any problem and they were on a shade tree and the law states that they only should be cut if they are a problem and I feel that this was done in violation of the law. The thing is I feel that the township I am talking about feels that the laws I posted does not apply to them and I feel they cut the limbs in violation of the law. I do not plan to persue this, I just want to see if I am correct and welcome input..

 

[The_Non-Mom]

What is the name of your state (only U.S. law)?

86.03(4)
(4) Cutting or injuring trees on highway. No person shall cut down, break, girdle, bruise the bark, or in any other manner injure, or allow any animal under that person's control to injure, any public or private trees, shrubs, or hedges growing within the highway, except as the owner thereof or the public authority maintaining the highway may cut down, trim and remove trees, shrubs, and hedges for the purpose of and conducing to the benefit and improvement of the owner's land or the highway facility, subject to sub. (7).

86.03(5)
(5) Mutilation of trees. It shall be unlawful for any person to injure, mutilate, cut down, or destroy any shade tree growing on or within any street or highway in any village in this state, unless express permission to do so has been granted by the village's board of trustees.

86.03(6)
(6) Fines. Except as provided in sub. (7), any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $25 for each tree or shrub damaged, felled or destroyed.

Any input on this would be helpful.
Thanks, JAH1What is the name of your state (only U.S. law)?

What part of the above bolded is difficult to understand? Your tree was causing a problem for people using the highway per the complaint from two separate people who use the highway. Therefore, the town maintained the highway as is their obligation to do so. In regarded to the permission from the board of trustees, how do you know such permission was not granted? Do you really think that a township has nothing better to do than cut limbs off of random trees for no reason?

 

[JAH1]

I guess I did not make myself clear, it is a old country road, that has hardly any traffic, I proved that no school bus goes past my house, so therefore the bus drivers complaint was not true and the owner of the business said he did not report, nor did any of his drivers report a problem with my tree. So therefore the tree was not a problem and I feel it was wrongfully cut. I think that this was something that the town workers just decided to do without any justification. I guess you have to live here to understand what I am talking about.

 

[The_Non-Mom]

Buddy, I grew up in Ogdensburg, WI. Never heard of it? Didn't think so. It has 400 people. When I moved to Chicago, my apartment building housed more people than my entire hometown.

How did you "prove" no school buses go down your road? Did you set up a video camera? The owner of the business didn't need to file a complaint. The school bus driver could have very well done so him/herself. And even I know that there is more than one school bus company in Wisconsin.

Like I said, townships don't spend their money cutting on people's trees for no reason. So what is your theory on why they did it?

 

[The_Non-Mom]

What is the name of your state (only U.S. law)? Wisconsin
I have a Maple tree overhanging the road,

Of course, your other option would have been to maintain the tree yourself. Since you didn't do that, why is it a problem that the township/village did it for you? Keep your trees trimmed the way they are supposed to be and you wouldn't have this problem.

 

[The_Non-Mom]

Here is the entire statute. It specifically states that the owner of the property OR THE PUBLIC AUTHORITY HAVING CONTROL OF THE HIGHWAY are allowed to cut trees on the highway.

By your own admission, the tree was overhanging the road. No matter how many cars (or buses or commercial vehicles) come down your road, it is still a public road, and it the local government's responsibility to keep that road safe. Just because you don't think it's a hazard doesn't mean it isn't.

86.03
86.03 Trees on and adjacent to highway.
86.03(1)
(1) Removal of fallen trees. If any tree falls from adjacent land into any highway, the owner or occupant of the land shall immediately remove the tree from the highway. It shall be the duty of every highway patrolman, street commissioner, or other officer in charge of the maintenance of streets or highways, to remove from any highway any fallen tree or trees therein.

86.03(2)
(2) Ownership. All trees on land over which any highway is laid out shall be for the use of the owner of the land or person otherwise entitled thereto, except trees that have been acquired by and for the public in the acquisition of the highway right-of-way and except such trees within the highway as may be requisite to make or repair the highways on the land or within one mile of the same; but no trees reserved for shade or ornament, unless acquired by the public, shall be used for such purpose.

86.03(3)
(3) Planting trees and shrubs in highway. Any person owning or occupying land adjoining any highway may, with the approval of the public authority maintaining the highway, plant, cultivate and maintain trees, shrubs or hedges on the side of the highway contiguous to and within 10 feet of that person's land. Such trees, shrubs or hedges shall be cut or removed only by the owner or occupant of the abutting land or by the public authority having control of the highway.

86.03(4)
(4) Cutting or injuring trees on highway. No person shall cut down, break, girdle, bruise the bark, or in any other manner injure, or allow any animal under that person's control to injure, any public or private trees, shrubs, or hedges growing within the highway, except as the owner thereof or the public authority maintaining the highway may cut down, trim and remove trees, shrubs, and hedges for the purpose of and conducing to the benefit and improvement of the owner's land or the highway facility, subject to sub. (7).

86.03(5)
(5) Mutilation of trees. It shall be unlawful for any person to injure, mutilate, cut down, or destroy any shade tree growing on or within any street or highway in any village in this state, unless express permission to do so has been granted by the village's board of trustees.

86.03(6)
(6) Fines. Except as provided in sub. (7), any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $25 for each tree or shrub damaged, felled or destroyed.

86.03(7)
(7) Cutting of veterans memorial trees; penalty. No person may cut or trim any tree planted along any federal or state trunk highway as a memorial to the men and women who served in the armed forces of the United States in time of war, without the written permission of the department. Violations of this section shall be punishable by a fine of not less than $10 nor more than $200 or by imprisonment for not more than 30 days or both. Nothing in this section shall interfere with the rights of abutting property owners in those trees.

 

[JAH1]

86.03(5)
(5) Mutilation of trees. It shall be unlawful for any person to injure, mutilate, cut down, or destroy any shade tree growing on or within any street or highway in any village in this state, unless express permission to do so has been granted by the village's board of trustees.


My point is, it was a shade tree, no meeting was held, the tree was not obstructing view and there was no reason to limb it. That is my point, if it was a problem I would have trimmed it myself, it is the principle of the thing that I am saying, it is wrong to just do these things when there is no reason to do them. I feel that this was something that should not have been done and of course it is to late for the trees branches, they cannot be put back until the tree itself decides to do that.