Property owners are responsible for their trees
By Dick Dorworth
WOOD RIVER VALLEY TREES
This is the first of a three-part series on the trees of the Wood River Valley—including private and public responsibilities and benefits of protecting the ecosystem.
Trees are an integral part of the landscape, the ecosystems and the human cultural life of the Wood River Valley, from the indigenous forest on the surrounding hills and the ‘cultured’ forest of its cities’ streets, to the many strips of trees planted as wind, noise and visual buffers. Their benefits include beauty, comfort, air purification and firewood. Like the rest of the natural world, trees recognize neither man-made borders nor the human legal systems, which designate them. In nature, trees grow, flourish, propagate, burn, die, fall down (sometimes taking neighboring live trees and anything else in the way with them), decay and nurture the soil, recycling into the ecosystem and the next generation of trees.
The human world of private and public property rights, borders and legal systems is less complex if more complicated than nature. Fortunately, local city and county governments each have a branch to deal with the trees within their man-made borders. And the Hailey Tree Committee has created the “Wood River Valley Tree Guide” which, as stated in its introduction, “…has been prepared for the purpose of helping you make better choices when preparing to select, plant and maintain trees. It is not meant to replace the advice of professionals, only to help you define some options and better understand the ramifications of your choices.” This guide is available on both the Hailey and Ketchum city websites.
Property owners are responsible for the trees growing on their land. If a tree straddles a property line, it is the joint responsibility of the respective property owners. It is in the best legal, economic and environmental interests of property owners to see that their trees are healthy. If a healthy tree falls onto a neighboring property and causes damage, it is more likely the neighbor’s insurance will cover the cost. If an unhealthy tree falls and damages the neighbor’s property, it is more likely the tree owner will be held responsible.
If branches or roots of a tree extend over the neighboring property line, the neighbor has the right to trim the branches or roots back to the property line if it is not detrimental to the health of the tree. When planting new trees or removing decayed ones, property owners have legal and financial responsibility for damage to utility infrastructure like power, water, sewer, gas, telephone, and cable TV and fiber optic lines.
Pat Rainey, owner of Alpine Tree Service in Hailey, said that over the past 30 years a monoculture of trees has evolved, with spruce and aspen the most commonly planted. Due to their fast growth, aspens are popular, but they have “inherent challenges,” Rainey said.
“They are surface rooted, so they don’t build up resistance to pest and disease. They concentrate on growing and propagating but not building up defenses. When you put them in a domestic setting, they’re at risk because they’re ‘overwatered and overplanted.’ Then they die within 20 years versus the 80 they would live out in the wilderness.
“We’ve been talking to people about diversifying in their selection,” Rainey said. “There’s nothing wrong with selective removal and replacement with other deciduous varieties such as maple, linden, and fruit trees.”
Professional help is available through local arborists.
The Tree Guide suggests a variety of things to look for when selecting an arborist:
- Membership in professional organizations such as the International Society of
Arboriculture (ISA), the Tree Care Industry Association (TCIA) or the American Society of Consulting Arborists (ASCA).
- Certification through ISA
- Certified Arborist program
- Proof of insurance
- List of references (don’t hesitate to check these)
- Avoid using the services of any tree company that:
Advertises topping as a service provided; knowledgeable arborists know that topping is harmful to trees and is not an accepted practice.
Uses tree climbing spikes to climb trees that are being pruned; climbing spikes can damage trees, and their use should be limited to trees that are being removed.