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Roadside Tree Care Regulations
.02 Definitions
(continued)
(10) "Roadside tree" or 'tree"
means a plant that has woody stem or trunk that grows all, or
in part, within the right-of-way of a public road.
(11) "Roadside tree care expert"
means an individual representing a governmental agency who:
(a) Is designated to supervise
that government's roadside tree planting and maintenance operations;
(b) Has passed the Forest Service's
examination for licensed tree experts;
(c) Has been approved by
the Forest Service as qualified to supervise that government's
tree care program.
(12) 'Tree Care" means:
(a) Removal of a roadside tree;
(b) Planting or maintenance,
or both, of a roadside tree;
(c) Application of pesticide
to a roadside tree; or
(d) Treatment that may
affect the health or growth of a roadside tree.
(13) "Tree care crew' means a unit
from a public or private entity whose purpose is to maintain roadside
trees as defined in B(l 0) of this regulation, characterized by
a service truck and supervised by a licensed tree expert.
(14) 'Tree care standards" means tree
care approved by the Forest Service and in accordance with the
roadside tree care standards set forth in Regulations .07-.09
of this chapter.
.03 Permits Required
A. A person may cut down or prune a roadside tree without a permit if the tree:
(1) Is uprooted or its branches broken
to contact telephone, telegraph, electric power, or other wires
carrying electricity, or if the tree or its branches are an immediate
danger to person or property; or
(2) Stands within the right-of-way
of a public road which has not been surfaced with either stone,
shell, gravel, concrete, brick, asphalt, or other improved surface
material, and only if the tree is cut down and removed by, or
at the request of, the abutting landowner for the landowner's
own use.
B. Except as provided in A of this
regulation, a person shall obtain a permit to perform tree care
to a roadside tree.
C. A person providing tree care
under A (1) of this regulation shall inform the Forest Service,
by calling or writing within 1 week of the action taken, of the
place or general area where that action was taken, and provide a
proposed plan to upgrade the work, if necessary, to tree care standards.
The Forest Service shall approve, modify, or reject a proposed plan
within 2 weeks after an examination of the work.
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