Who is responsible for the street tree in front of your house in Pennsylvania?
Updated · KeystoneProGuide editorial team
Who is responsible for a street tree?
Usually two parties at once. The town controls what can be done to a street tree, and the owner of the property next to it often owns it or pays for its care. Penn State Extension says shade tree commissions are charged with protecting the trees that line a community's streets and parks, while the municipality must keep the right-of-way safe. It also says that under Pennsylvania municipal law, the property owner next to a street tree is responsible for the cost of removing it. The details vary from town to town, so this guide sets out what five local codes and agencies actually say.
What counts as a street tree?
Each town defines it. Doylestown Borough's ordinance says a street tree is a shade tree in the right-of-way whose trunk stands on the strip between the sidewalk and the curb or, where there is no sidewalk, within the road right-of-way. Lower Merion Township treats a tree as a township shade tree if more than half of its trunk diameter at breast height is within the right-of-way or on township land. Haverford Township's definition reaches further: a public shade tree is any tree in a public street or park, or "that part of any tree which extends within the lines of any public street", and its rules apply "including the portion of a public shade tree on private property".
Can you prune or remove the tree yourself?
Generally not without permission.
- Philadelphia. Parks & Recreation says the city has jurisdiction over street trees, although the property owner owns them, and that major pruning or removal needs a permit. Contractors must get a tree work permit from the Street Tree Management office.
- Lower Merion. The township's Shade Tree Division says residents are prohibited from pruning or removing any township tree, and that contractors who remove one without a permit face fines.
- Haverford. No one may plant, prune, remove or spray a public shade tree on a public street without a written permit from the Township Manager, apart from minor pruning and clearing low or broken branches that create a danger.
- West Chester. A tree work permit is needed to plant, cut, prune, treat or remove any street tree, or part of one.
Climbing with spikes is singled out. Haverford forbids it on public shade trees without a permit, and Lower Merion's code lists climbing a shade tree with spurs among prohibited acts, except where life or property is in immediate danger.
Will the town do the work?
Sometimes for free, sometimes not. Philadelphia's Parks & Recreation says it prunes and removes hazardous street trees at no charge, will send someone within 7 to 10 working days of a request, and will not remove a living, healthy tree just because an owner dislikes it. Lower Merion's code says the Township Arborist will look at a written request and say whether the work can be done and whether there will be a charge; if the township cannot do it, the owner may hire a contractor with the arborist's permission, and the contractor must get a permit first.
Can the town make you remove a tree?
Yes. Penn State says that if an owner does not remove a high-risk street tree after notice, the municipality may remove it, bill the owner and place a lien on the property if the bill is not paid. It also says some municipalities share the cost with owners. The local codes follow that pattern.
- West Chester. The owner of the adjoining property is responsible for removing street trees on private land within the right-of-way. When the Tree Commission finds one hazardous, it sends a removal order by certified mail and the owner has 30 days to act, unless an appeal is filed, and must repair any sidewalk or curb damaged in the process.
- Lower Merion. After four weeks' written notice, the township can require removal of diseased trees on private property that threaten township trees, and of hazards such as low limbs over the right-of-way, and can lien the property for the cost if the owner does not act.
- Haverford. The Township Manager may order the removal of any tree on private property that is diseased, dead or a hazard to the public.
What else does the owner have to do?
Keep branches clear and the sidewalk safe. Haverford requires owners of trees on private property to keep branches at least 12 feet above public walks for mature trees, nine feet for young ones, and 14 feet above the street. Philadelphia says the property owner must keep the sidewalk in a safe condition, with no exception for damage caused by tree roots, and that an owner may repair the sidewalk without removing the tree provided the roots are not damaged.
What should you do before hiring a company?
Find out whose tree it is. Measure where the trunk stands, read your town's tree ordinance or call the township or borough office, and if the tree is a street tree, get the town's answer in writing before the crew arrives. The county guides set out the local rules in more detail: Philadelphia, Montgomery County and Delaware County. The state-level picture is in what Pennsylvania and its towns require.
Sources
- Dealing with Tree Risk: Tips for Municipal Shade Tree Commissions, Penn State Extension
- Street tree frequently asked questions, City of Philadelphia, Parks & Recreation
- Request street tree maintenance, City of Philadelphia, Parks & Recreation
- Chapter 128: Shade Trees, Township of Lower Merion
- Shade Tree Division, Township of Lower Merion
- Chapter 170: Trees, Township of Haverford
- Chapter 102: Trees, Borough of West Chester
- Chapter 25 Trees, Part 1: General Regulations, Borough of Doylestown