Wedoany.com Report-Feb 25, A county councillor in Co. Galway has urged the government to update laws on the maintenance and removal of roadside trees, arguing that landowners should not bear the full responsibility for these tasks. In late January, Councillor Geraldine Donohue contacted Martin Heydon, the Minister for Agriculture, Food and the Marine, to raise this concern.

In a letter dated February 20, Minister Heydon replied that his department does not provide financial support for removing roadside trees or those outside forested areas. However, it has issued guidance for landowners on managing such trees. He noted that this guidance explains how to spot trees affected by ash dieback and addresses safety considerations in tree maintenance.

“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,” Minister Heydon stated. “It is advisable that landowners make themselves aware of the full legal extent of their land ownership and of any obligations arising from this,” he continued.

The minister referenced Section 70 of the Roads Act 1993, which requires landowners to ensure that trees, hedges, or vegetation on their property do not pose a risk to public road users or hinder road upkeep. This duty includes preserving, cutting, or removing such plants as needed, he explained. Local authorities, acting as road authorities, oversee the enforcement of these rules, according to the minister.

“It is thus 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,” Minister Heydon wrote to Cllr. Donohue.

Councillor Donohue described the minister’s response as “disappointing.” She argued that the Roads Act 1993 unfairly places the burden of tree maintenance on landowners. “The 1993 Roads Act is placing the responsibility for roadside trees on the landowners or property owner, which is very unfair given the enormous task of removing trees in a safe manner and the risk of such a task,” she said.

Cllr. Donohue emphasized that the law requires revision, pointing out that over 30 years of tree growth without maintenance has worsened the situation. Her call for change highlights the challenges landowners face under the current legal framework.