As a matter of law, the care and management of trees adjacent to roads is the responsibility of the landowner on whose land the roadside trees are growing. It is advisable that landowners make themselves aware of the full legal extent of their land ownership and of any obligations arising from this.
The implementation of the legislation on the management or removal of dangerous roadside trees is the responsibility of the local authority, in its capacity as the relevant road authority and usually does not require a tree felling licence.
As regards forestry and powerlines, the legislative provisions reside in section 98 of the Electricity (Supply) Act 1927, as amended by Section 45 of the Electricity Regulation Act 1999. These allow the ESB and its representatives, to lop or cut any tree, shrub or hedge which obstructs or interferes with any electrical wires. Such works are a matter between the ESB and anyone acting on their behalf, and the landowner in question. Such works do not require a felling licence from my Department.
One of the actions for my Department in the Programme for Government is to work collaboratively with the ESB to support and accelerate the timber and vegetation clearance programme. I, along with my colleagues, Ministers Healy-Rae and O’Brien, have established a Working Group to consider the issues that have arisen from recent storms in relation to the interaction of forests with power lines.
These matters are also being discussed in the Forest Windblow Taskforce, which is chaired by Minister Healy-Rae and whose primary focus is the safe and appropriate management of storm-damaged forests.
The primary method for state bodies and the public to establish land ownership is to make enquiries with Tailte Éireann (www.landdirect.ie).
