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Can Utility companies cut down and spray to kill trees along property lines ?

Started by onyx200, February 05, 2008, 06:45:49 PM

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onyx200

We live in an agricultural area, and conservation area in NE PA.  The local utility company wants to cut all the trees
along the propery borders along the road.  Some of the trees are over 36 inches thick.  Not only that, they want
to spray to kill everything.  We didn't know they did this back in the early 80's already, we have dead trees about
75 feet in.  Nothing still grows there.  Is there anything we can do ?

Linda B.
NE PA
onyx200@msn.com

Brian_Rhoad

I was told by our electric company and the company they contracted to trim the lines that they only have a right of way 10' on either side of the line. They cannot cut anything that is not in that area.


Brian_Rhoad

They told me they can't do anything to trees that are not on their right of way except trim over hanging limbs.

Ron Scott

Check to see if they have ownership or only surface occupancy for the utility right of way and  what the designated width of the utility corridor is that they must stay within for maintenance. Also check to see if there are any restrictions on the type of maintenance allowed including any chemical use restrictions within the right of way.

You need to let them know and discuss your concerns with them.
~Ron

Ron Wenrich

A lot depends on the size of the line.  If you're talking a line like those along the roads, they are a lot different than the heavier lines.  I'm thinking roadside utility lines are more like 25'.  But, they won't cut or use spray under these lines if they are in a residential area.  You can specify to having the trees drop crotched, where they top the trees under the lines.  You won't be allowed to have your trees growing into the lines.

For the heavier transmission lines, the right of way is a lot wider.  They have the jurisdiction to go and cut any tree that may hit the line or grow into it, if they feel there is a danger.  Normally, they will climb the tree and trim most of the limbs before they drop the tree.  The trees are not removed and you can have them cut into lumber or sell them to a lumber company.  Recent ice storms have made the utility companies a little gun shy.  They even cut some small cedar under their lines, even though they would never grow to the height of the line. 

As for sprays, you can specify no sprays.  I didn't allow that on my property.  But, they did cut the cedar and then treated the stump.  I didn't have livestock, so it wasn't much of a bother.  The stumps didn't need to be treated, since they wouldn't resprout.  I did allow them to cut all the brush, and then I have kept after it with mowing.

I did some utility work in western PA where they have areas that use spray and areas that don't.  Those that don't have massive amounts of blackberries, along with pokeberries, and other assorted weeds that made walking through it almost impossible.  We used to run everything down with a truck just to do line inspections.

On areas that used sprays, many right of ways were like pastures.  They sprayed in one year, than came back a couple years later and knocked off the balance.  It did a really good job. 

Work with the foreman and ask for references of other areas they worked on.  They'll work with you.  What's your utility company up that way? 
Never under estimate the power of stupid people in large groups.

onyx200

It is UGI and contracted is Asplundah.  I just feel that these huge 100 + year old trees shouldn't be touched.
Let alone spraying......

thecfarm

Welcome to the forum,onyx200.I would contact the utility company.They will work with you as much as they can to save the trees.Or at least they will around here.Sometimes it's hard to save a tree because it has gotten so big over the years.Good luck.
Model 6020-20hp Manual Thomas bandsaw,TC40A 4wd 40 hp New Holland tractor, 450 Norse Winch, Heatmor 400 OWB,YCC 1978-79

Ron Wenrich

UGI is a gas utility.  Their maintenance is apparently different than the electric company.  There might be a problem with tree roots in their lines, but I doubt it.  Usually, they just mow the lines every couple of years.

I wouldn't allow them to kill any trees with spray unless they are willing to pay for them.  That should back them off.  Tell them no spray and no tree injection.  Tree injection is where they will take a hatchet and hit the tree and injects poisons to kill the tree.

You may not be able to save all your trees due to the right of way agreement.  That should be part of your deed.  You do have a say in how they will be disposed of if they are cut.  They will cut it into firewood, if you want. 

Talk to the Asplundh foreman and see specifically which trees he wants to cut and ask why.  Make sure they fall within their agreement and aren't just something they want to cut "because".  When they came through my property, they were really decent about it and I managed to save a couple of small cedars.  They cut the ones I wanted and bunched in a pile.  They then mowed a bunch of brush I was in the process of cutting.  There was no spray or injection.
Never under estimate the power of stupid people in large groups.

submarinesailor

About 10 years ago, the local utility came thru trimmed and sprayed everything on the 27,000 volt line behind the house.  I had a very loud, face to face conversation with their forester.  Telling him no chemicals were allowed – my well is 40 yards down the hill from the line.  Well, it happened again about 5 years later.  A letter from my lawyer to their Chief Counsel fixed the problem.  Something about proving me with fresh potable water for the rest of my life got their attention.  Needless to say, I have not had a problem with them since.

What I'm trying to say with this – stand up to them and tell them no spraying.  If they say they have the right to spray, make them prove it to you "IN WRITING".  If they tell you they don't have to prove it.  Tell them you are going to call the PUC and log a complaint against them.  This usually brings the bosses to your site and you can work something out with them.  If they don't or won't work with you, go to the PUC.

One more thing, of all the local utility companies I deal with in my day job.  UGI is the worst.  Be very careful when dealing with them.  If you can, get very thing in writing.

Bruce

Mr Mom

Didnt the goverment pass a law that major pipelines had to be cleared back so far on each side of the  right of way?? That is if UGI has pipelines running through there.
I remember seeing some stories about people losing trees beacuse of the law.

Thanks Alot Mr Mom

Corley5

I had a confrontation with the power company over spraying the right of way.  They did it a few years back with a systemic spray and over sprayed to the point it killed trees ten feet beyond the ROW.  I didn't lose any valuable trees but it showed carelessness on the tree service's part.  I was notified last spring they were going to spray again.  I called and told them NO I wanted mechanical control on my property and explained what had happened last time.  They had changed to glyphosate solution from the systemic and I was assured that the past wouldn't be repeated.  I gave them the go ahead.  Instead of just spraying the small trees and brush they sprayed the whole ROW killing everything including the grass  ::) >:( >:( >:(  No more pesticides on my property  :)
Burnt Gunpowder is the Smell Of Freedom

Loghead

We just had them come thru yesterday and did there thing here. (no spray just a 90hp tractor with a grinder on the front end )and this is whats left.
They stoped in ten years ago and were going to spray we said NO WAY we had wild rasbury bushes growing and alot of nesting birds but since the bushes died back and the vines have killed off most of the trees its all a dead tangled mess
this year we said go for it! as long as there is NO SPRAY!
lovin anything handcrafted with logs!!

stonebroke

Where we are in upstate NY a lot of the old coops never did get rightof way agreements so now National grid actually has no rights on the farm to maintain their lines. That said We actually encourage them to cut more.  We like to have the electricity on and not have frequent outages. But no pesticides.  The last time they went though they haulked the cherry trees out to the road and chipped them so my cows would not get sick. I appreciated that. So look into your right of way agreement if there is one but most utlitys will honor a no herbicide request. Big trees that are interfering are a different matter.

Stonebroke

wesdor

The Power Company (electrical) cut down trees along our lane this past fall.  They called ahead and were very good about it.  They also only cut in about 20' - didn't use any chemical spray.  We had a very good experience with them.

Like others have said, contact UGI and see what they can do.  If that doesn't work, try contacting the crew boss from Asplund and see what can be worked out.

If nothing else works, you might consider contacting the EPA.  Sounds to me like they are using some powerful chemicals and that doesn't sound healthy to me.  Do you have wells in the area?  They could easily contaminate the ground water. 

Worst case, see if you can get some saw lumber out of the trees. 

And welcome to the Forestry Forum


Ron Scott

On National Forest system lands mechanical maintenance methods was preferred and we only allowed selective maintenance spraying as needed after approval by a field review to maintain aesthetics, protect wildlife grasses and shrubs, etc. No spraying was permitted near any lakes, water courses or wetlands, etc.

~Ron

pappy19

Powerline rights of way widths depend on the size of the powerline ie, larger voltage from 69kv to 500kv need more width due to grounding issues and height of towers, etc. If a R/W width is say 150' and the center is 75' then there could be a possible "danger" tree 100' tall 25' outside of their R/W. If this is the case, they should contact you and get permission for removal as it is off their R/W. If it is a live tree, then they should pay you the going rate, plus give you the tree after it is cut. I generally make the contractor cut it in whatever lengths the landowner wants. If the landowner doesn't want the tree, then I arrange for it to be hauled off and remove the slash as well.

For pipelines, there are no "danger" trees except for any large woody growth inside their R/W, it has to go. There can be some exclusions on this depending on the language of the easement and even then, you can go to the O&M office of the utility and request an encroachment permit for a particular landscape item or evena non-permanent structure like a shed or corral.
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stonebroke

I had a friend on whose land the power company was upgrading the service,
They wanted to be able to cut any tree within 300 feet of their lines, Needless to say he did not agree.

Stonebroke

pappy19

Depends on the size of the powerline and the width of the easement he signed or the easement that was with the land that he bought. Easements go with the land regardless of the number of land transfers.
2008 F-250 V-10
2007 Lincoln LT
1996 Ford Bronco
Kubota 900 RTV
Shindiawa fan

Brad_bb

I think ya'll mean herbicide, not pesticide.  I've used Toradon (sp?) on fresh cut mulberry stumps on my fence line- painted on the stump.  I like sprays.
Anything someone can design, I can sure figure out how to fix!
If I say it\\\\\\\'s going to take so long, multiply that by at least 3!

Riles

Technically, herbicides are a subset of pesticides. You wouldn't be killing it if it wasn't a pest, right?
Knowledge is good -- Faber College

beenthere

south central Wisconsin
It may be that my sole purpose in life is simply to serve as a warning to others

ely

yes but riles is correct too.

alot of folks who are moving into new territory do not understand about the ROW easements that were with the property when they acqired it. this leads to problems when you have a hot headed landowner all up in your face hollering about something that they really have no clue about. i know it makes my job really pleasant when it happens to me. :-\

cheyenne

I read with interest the posts about supposed encroachment.I have a power line easement 100' wide & 1/2 mile long on one side of my property. When they put the new lines in back in 1987 they put a culvert in under their access rd. & 25% of the culvert is on my property so you know where all the water goes. well every thing was fine until the tree cutters came in 3 yrs ago & limbed & brushed & threw all the limbs & brush in the creek beds changing the natural flow & washing out their access rd. & washing out over a mile of my logging rds & horse trails. Then this spring the tree cutters came back & cut over 5000 trees that were on my property. Huge mess. Tried to be nice & work with them. Did not work. Now the high powered lawyers have work to do. And to think they could have fixed the problem with a small trackhoe & a couple days pay. Corprate thinking & Engineers? And i'm in the Adirondack Park. The psc was no help at all. My deed clearly states they have to reemburse for any damage. I don't mean to ramble but this whole deal makes me sick. Wish me luck. Cheyenne
Home of the white buffalo

Ron Scott

Does your state have rules and regulations for Best Management Practices that can be enforced? Sounds like you have a case if the damages are outside the utility's legal right of way.
~Ron

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