Updated 7/15/2015
Protect Trees On or Abutting Your Property
NOTE: After reading the following, for important details consult
Flow Chart on Legal Requirements
Additional information for property owners is provided in Item 3, Protect Street/Roadside Trees.
NOTE: Tree wardens should post all trees, including hazardous trees, scheduled for removal or substantial pruning, and must hold a public hearing on such plans if there is an objection from any person. Any person may appeal a decision by the tree warden to PURA following such a hearing. The tree warden has 3 days to decide and an appeal from the decision must be filed within ten calendar days of the decision. This is a different appeal process than that described in 5 below.
1. Photograph trees and shrubs from all sides and angles before cutting begins and look for direct contact between electric distribution wires and your street trees! Take photos of your street trees to have a dated record of their condition. Make note of your position and angle, and, if pruning occurs, take a photo from the same position and angle to document any violation of the law. This is especially important because the normal notice processes, as set forth below, are not used if there is direct contact between electric distribution wires (the highest wires) and your street trees. If there is, you may want to inform your electric utility of the contact, and then make sure that it prunes only to remove that contact by being present when pruning take place. Get their commitment, in writing if possible, that they will not prune without your presence. File a complaint with UI or Eversource, and with your tree warden and chief elected official (mayor, first selectman) if UI or Eversource violates the law by pruning or removing a tree without following the proper permit and notice requirements. If you are not satisfied with the response, file a complaint with PURA.
2. Read notices from CL&P or UI and comply with the deadlines for objection or a request for modification. You should contact the utility to find out about the utility's plans, but do not miss a deadline as you seek information or try to reach an agreement informally. The notice should provide the address of the tree warden or DOT to whom you must send a written objection or request for modification.
3. Exercise your rights when you receive a notice (1) to object or request a modification within ten (10) business days of receiving the notice for proposed pruning or removal within the public right-of-way; and (2) to refuse consent for removal or pruning of trees solely on your private land, if you disagree with the utility's planned action. Except for hazardous trees, the utility cannot prune or remove a tree on private property without the affirmative written consent of the property owner. Do not allow any pruning or removal for which the utility does not have a permit from the municipal tree warden or DOT. For additional information, see Protect Trees On or Abutting Your Property and for detail about legal requirements, including hearings, see Flow Chart of Legal Requirements.
5. Take photos of your roadside/street trees NOW as evidence in the event that your trees are pruned or removed without a permit, without notice and an opportunity to object or request a modification, or contrary to an agreement reached not to remove a tree or to prune it in a particular way. (See 4 above.) See also, Damages and Penalties for Unauthorized Pruning and Removal of Trees and Shrubs.
3. You may request information about whether the tree or shrub is in the public right-of-way or on your private land. If it is on your private land, the utility may not remove or prune the tree or shrub without your affirmative consent, with one exception for hazardous trees.
4. The notice should tell you that you have a right to consult with the tree warden (municipal roads) or the Department of Transportation (DOT) representative (state highways). The tree warden will know who the DOT representative is. The address of the tree warden must be on the notice. If you don't know who your tree warden is, you can call your town or city hall to find out. You may also consult the following, which appears to be updated infrequently: DEEP Interactive Map with Contact Information for Your Town or City's Tree Warden
PURA Appeal5. If the tree warden or DOT representative allows the utility to remove or prune despite your objection or request for modification, you have a right to appeal the tree warden or DOT decision to the Public Utilities Regulatory Authority (PURA) within 10 business days of the decision. See: How to File An Appeal. You have the option of using mediation, followed, if necessary, by a hearing before PURA, or only having a hearing. The utility also can appeal a decision in your favor.
6. If you reach an agreement with the utility about how a tree or shrub will be pruned, get it in writing and, if possible, obtain an illustration of the proposed work.
7. Do not allow the utility to prune or remove a tree or shrub if the utility does not have a permit to do so from the tree warden (municipal roads) or DOT (state highways). The utility may contact you before or after obtaining a permit. You should ask to see the permit. If it does not specify the work to be done, contact the tree warden or DOT representative.
8. Let GCNH know if a utility has pruned or removed a tree or shrub
2. Read notices from CL&P or UI and comply with the deadlines for objection or a request for modification. You should contact the utility to find out about the utility's plans, but do not miss a deadline as you seek information or try to reach an agreement informally. The notice should provide the address of the tree warden or DOT to whom you must send a written objection or request for modification.
3. Exercise your rights when you receive a notice (1) to object or request a modification within ten (10) business days of receiving the notice for proposed pruning or removal within the public right-of-way; and (2) to refuse consent for removal or pruning of trees solely on your private land, if you disagree with the utility's planned action. Except for hazardous trees, the utility cannot prune or remove a tree on private property without the affirmative written consent of the property owner. Do not allow any pruning or removal for which the utility does not have a permit from the municipal tree warden or DOT. For additional information, see Protect Trees On or Abutting Your Property and for detail about legal requirements, including hearings, see Flow Chart of Legal Requirements.
- Notice of utility pruning and removal. If the notice is delivered to you in person by a utility work planner, ask for a detailed explanation of the work to be done while looking at the tree or shrub and ask for that explanation in writing. If there is no in person delivery, you can phone or e-mail the utility to ask about the proposed work, but be careful not to miss a deadline while waiting for a response. The notice may be mailed to you in an envelope or placed on your door in a "door hanger." By law, it can be delivered by e-mail or text, but, for now, the utilities are not using that method. NOTE: PURA is also requiring utilities to provide notice by e-mail, fax, personal contact, or, it those fail, certified mail with return receipt prior to beginning pruning or removal. It is currently unclear when such notice is to take place. Records of the contact are to be retained for 24 months. In addition, UI has been sending a letter notifying everyone along a street/road where it will be pruning or removing trees and shrubs, before it provides the legally required notice. It is an alert that one should be looking for a notice and inquiring if one isn't received.
- Read the notice immediately and be sure to meet the deadlines set forth in the notice. You must receive it fifteen (15) business days prior to commencement of utility pruning or removal. Consider sending your written objection or request for modification by certified mail, return receipt requested, even if you use the option of e-mailing your objection or request for modification to the utility. The notice should provide the address of the tree warden or DOT to which you must mail the objection or request for modification. If you are going to be away on vacation, have someone alert you to a notice from your utility and also check your house for a "door hanger" notice. It is possible that notice will not be mailed.
- If the tree warden decides in favor of the utility with regard to your objection or modification, you have a right to appeal to PURA and the option of having a mediation within thirty days. If the mediation fails to reach a resolution, you may then have a hearing before PURA within another thirty days, or you can skip mediation and go directly to a hearing before PURA within sixty days. The burden is on the utility to prove that its proposed pruning and/or removal is necessary for utility reliability.
- State law prohibits the utility from billing a person who refused to give consent for removal of a tree on private land or objected to pruning or removal of a tree within the public right-of-way if the tree falls and the utility infrastructure is damaged.
- Let your friends and neighbors know about their rights.
5. Take photos of your roadside/street trees NOW as evidence in the event that your trees are pruned or removed without a permit, without notice and an opportunity to object or request a modification, or contrary to an agreement reached not to remove a tree or to prune it in a particular way. (See 4 above.) See also, Damages and Penalties for Unauthorized Pruning and Removal of Trees and Shrubs.
3. You may request information about whether the tree or shrub is in the public right-of-way or on your private land. If it is on your private land, the utility may not remove or prune the tree or shrub without your affirmative consent, with one exception for hazardous trees.
4. The notice should tell you that you have a right to consult with the tree warden (municipal roads) or the Department of Transportation (DOT) representative (state highways). The tree warden will know who the DOT representative is. The address of the tree warden must be on the notice. If you don't know who your tree warden is, you can call your town or city hall to find out. You may also consult the following, which appears to be updated infrequently: DEEP Interactive Map with Contact Information for Your Town or City's Tree Warden
PURA Appeal5. If the tree warden or DOT representative allows the utility to remove or prune despite your objection or request for modification, you have a right to appeal the tree warden or DOT decision to the Public Utilities Regulatory Authority (PURA) within 10 business days of the decision. See: How to File An Appeal. You have the option of using mediation, followed, if necessary, by a hearing before PURA, or only having a hearing. The utility also can appeal a decision in your favor.
6. If you reach an agreement with the utility about how a tree or shrub will be pruned, get it in writing and, if possible, obtain an illustration of the proposed work.
7. Do not allow the utility to prune or remove a tree or shrub if the utility does not have a permit to do so from the tree warden (municipal roads) or DOT (state highways). The utility may contact you before or after obtaining a permit. You should ask to see the permit. If it does not specify the work to be done, contact the tree warden or DOT representative.
8. Let GCNH know if a utility has pruned or removed a tree or shrub
- without a tree warden or DOT permit (required except where a tree is in direct contact with a wire or causing a fire);
- without notice that provides the required information;
- despite an objection or request for modification, before a requested consultation has taken place, or when an appeal from a tree warden or DOT decision is pending;
- without consent, for a tree on private land (including municipal land) outside the public right-of-way; or
- contrary to its agreement with you
IF any of the above happens . . .
To help your neighborhood and city/town or borough, see Protect Trees inn Your Community
.
.