A common question from property owners looking to hire a tree service provider is can tree preservation orders be removed? It is generally understood that in order to legally remove a tree, the local government must first issue a tree cutting or tree removal order. Even then, it is not guaranteed that the order will remain in effect as tree service companies like to negotiate with local government agencies to have them stay on the tree removal list rather than take it away.
In order to answer the question can tree preservation orders be removed? the property owner must seek professional help and/or legal counsel. In cases where the homeowner is unwilling or unable to comply with these steps, the best recourse is often to have a tree service company come out and evaluate the situation. Depending upon the nature of the tree and/or what services it is providing (ropes cleaning, tree removal or tree trimming), the tree service company may recommend the removal of the tree. Even in these cases, a certified tree service provider will likely advise the client that they are required by law to remove the tree.
So can tree preservation orders be removed? Yes, tree service providers can remove your tree if they determine that doing so is in the best interest of the tree, your home, and the community as a whole. In cases where the tree is not falling down and is not causing a safety hazard (a few trees maybe falling due to tree roots that run through your gutter or private storm water drain, but the majority of the tree is not causing a problem), they may suggest simply removing the debris. Of course, they will discuss the logistics of doing this with you and the property owner to ensure that the tree is properly removed so it does not grow back or pose a safety concern for your family and/or pets.
Why would tree preservation orders be required? In order for tree preservation orders to be legally binding, the tree service provider must show “a substantial and continuing connection with the property.” They can’t just pull a “till death do us part” deal. If they are paid for their services, then they must provide a written contract that details what tree service providers are paid for and how they are paid. They must also explain the legal process they go through in order to take down a tree and protect the environment. This contract usually is reviewed by a county office to make sure it is legally binding and followed correctly.
Can a tree service provider legally remove a tree? In most cases, yes. The tree service provider will go through an environmental review process with the property owner to determine if the tree poses any threat to the environment and will be respectful and considerate of the tree in question. They will also discuss the tree removal process with the property owner and find out if they have any objections and what they are. When it comes to tree preservation, you need to be as “green” as possible!
Are tree preservation orders ever legal? Yes, they are! They can’t be removed by a homeowner, they can’t be moved and they don’t have to be cut down. But they can be altered and in some states they may also be required to be replaced by a tree service provider, so always read over your tree preservation orders very carefully!