When a tree falls in the forest and no one sees or hears it, Mother Nature cleans up the mess.

But when a tree falls in or near the right-of-way of a public road, the obligation to clean up the mess depends on where and in what kind of political subdivision the tree fell.

Here are some answers Ohio law provides to questions that may sprout up now and then about trees and the damage they can cause.

Tree Situations in Townships

Question: When a tree creates a dangerous condition in the roadway, who is responsible for removing it – the township trustees or the adjoining landowner? 

Answer: It is the duty of township trustees to keep the township roads in good repair; and where a dead tree in a dangerous condition is located within the road right of way, the trustees have a duty to remove the tree even though the property owners along the road own to the center of the road. (See Ohio Revised Code Section 5571.02).  

The township controls the roadway. The road’s use is, by nature, an easement in the public’s control, and the landowner cannot freely control the property as desired. Therefore, it would be the responsibility of the township trustees to remove a dead or diseased tree and not the responsibility of the abutting property owner. (See Ohio Revised Code Section 5543.14).

Question: Who is responsible for tree maintenance when a tree located on private property has dead limbs overhanging the road?  

Answer: Where a tree is located on private property along a township road, but dead branches of the tree overhang the road and are dangerous to travelers on the road, the property owner has the primary duty to remove the dangerous condition. This includes trimming the tree, and if necessary, destroying and removing any debris. 

As the township trustees are also obligated to remove the dangerous condition, they may institute nuisance abatement proceedings to compel the property owner to reduce the dangerous condition. (Ohio Revised Code, Section 3767.03). In the case of an emergency, the trustees would also be authorized to remove limbs overhanging the road and endangering travel on the road or compel the property owner to abate the emergency pursuant to Section 3767.03, Revised Code.

Tree Situations in Municipal Corporations

First, check to see if your municipality has its own ordinances governing trees and tree removal. If such ordinances exist, they may take precedence over other rules. Ordinances can commonly be found on a municipality’s website.  

Question: Who is responsible for removing a tree that has created a dangerous condition when it is between the sidewalk and curb (i.e., the “tree lawn”). 

Answer: Where a dead tree is in a street right of way and the tree is in a condition causing danger to users of the street, it is the duty of the municipal corporation to remove the tree. Ohio courts have generally recognized that the tree lawn is a part of the highway and, therefore, the municipality is under the statutory obligation to keep it open, in repair, and free from nuisance.

A municipal corporation has the power to levy and collect special assessments from abutting property owners for costs connected with removing trees from a public road (see Ohio Revised Code Section 727.01). Thus, although the municipal corporation has the responsibility of removing a dangerous tree from a tree lawn, the abutting owner may be assessed for the costs of removal.

Question: Who is responsible when a tree, located on private property, has dead limbs overhanging a street or alley that creates a dangerous condition. 

Answer: Where in a municipal corporation a dead tree is located on private property but overhangs a public street, so as to cause danger to users of the street, the owner of the property has the primary duty to remove the dangerous condition. 

While the property owner is responsible for removing dead or diseased trees located on private property, a municipal corporation might be held liable for injuries incurred by people using the street. Therefore, the municipal corporation also has a responsibility to protect users of the street; and the municipal corporation may institute nuisance abatement proceedings under Section 3767.03, Revised Code, to compel the property owner to remove the dangerous condition.

Raking Up

In summary, based on the political subdivision, the responsibilities for tree removal fall to:  

• Township
  • Tree in the road – township trustees are responsible.  
  • Tree limbs overhanging the roadway – property owner is responsible.  
• Municipal Corporations
  • Tree in the road – municipality is responsible.   
  • Tree limbs overhanging the roadway – property owner is responsible.  

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Shawna L. L’Italien, a lawyer in the Salem office of Harrington, Hoppe & Mitchell. She can be reached at (330) 337-6586 or at slitalien@hhmlaw.com.