Tree Trimming in Utility Rights-of-Way

You asked about the nature of utility companies' right to trim trees in a right-of- way, and what rights property owners have to dispute such trimmings.

SUMMARY

A utility company's right to trim trees in a right-of-way (ROW) varies depending on the nature of the ROW. Utility ROWs fall into two categories (1) transmission line easements and (2) distribution line easements. Most ROWs in both categories are controlled by a written agreement which sets out the right to trim trees in the ROW. Some distribution lines are located in public ROWs and controlled by statute and common law. Generally, the utility company can clear and trim any trees within the ROW and under certain conditions it can trim trees outside the ROW. The property owner's right to dispute a tree trimming must be based on a claim that the utility exceeded its rights under the agreement or under statute, or that the agreement is invalid.

TRANSMISSION LINE RIGHTS-OF-WAY

Utility transmission lines are large high tension lines that carry currents over long distances. Transmission lines are located in 150-200 foot wide easements that the utility purchased from the property owner. These easements are controlled by easement agreements which explicitly include a right to clear and trim trees. For example the standard agreement used by Northeast Utilities grants the utility the right “to trim and keep trimmed, cut, clear and remove . . . trees or limbs and branches . . . or any parts of which are within the limits of said right-of-way or on adjoining land of the Grantor and which may interfere . . . or which may create a hazard; . . . ” (see attachment 1). A property owner's dispute over a trimming must be based on a claim that the utility exceeded its authority under the agreement or that the agreement is invalid.

Distribution lines are the lines that typically carry power through towns and to residential users. There are two categories of distribution line easements depending on whether the line is located in an area controlled by (1) public easement (2) an easement agreement.

Many distribution systems, especially older ones, are located on public easements. A public easement is a right, vested in the public generally, to use certain property, such as a public street. The right to trim around utility lines located in a public easement is controlled by statute. CGS § 16-234 allows utilities to “ . . . cut or trim any tree on or overhanging any highway or public ground . . . ” if they have (1) the permission of the property owner, or (2) the approval of the local tree warden with the consent of the Department of Public Utility Control and after a public hearing. Under common law, the owners of property adjoining a public easement, own to the centerline of the easement, however, in many instances the town owns the property in fee. A property owner's right to dispute a trimming is limited to a claim that the company did not have proper permission, or that the trimming was excessive.

According to Dan Venara of Northeast Utilities, the utilities also have the authority to trim trees located completely outside the ROW if the tree is a hazard to the lines.

Some distribution lines are located on easements purchased by the utility. These easements are controlled by the terms of the agreement and explicitly include a right to clear and to trim trees. The standard Northeast Utility distribution easement grants the utility the right “to trim and keep trim, cut and remove such trees or shrubbery as in the judgment of the Grantee are necessary to maintain its services,” but they must first attempt to consult with the property owner (see attachment 2). The property owner's right to dispute a trimming is limited to a claim that the utility exceeded its right of use under the agreement, or that the agreement is invalid.

According to Mr. Venara, distribution easement agreements are used for all new distribution lines. As new homes or subdivisions are built, the utility enters into agreements with the owners or developers for ROWs. The agreements contain a provision that if the ROWs ever become public streets (i.e. public easements) then they will be governed by CGS § 16-234 but that the original agreement will serve in lieu of the property owners' consent required by that statute.