Tipperary County Council
MAINTENANCE OF TREES/HEDGES
Notice to Landowners/Occupiers
Under Section 70 of the Roads Act 1993, the owner or occupier of land is obliged to take all necessary care to ensure that trees, shrubs, hedges or any other vegetation on their land is not, or could not be a danger to those using a public road or to somebody carrying out maintenance or improvement work on the road.
The owner or occupier is obliged to comply with the Health & Safety Act 2005 as amended, with regard to his employees and the safety of the general public. Adequate signage must be provided if working on the public roadway.
Where a landowner or occupier fails to meet his/her obligation under the Roads Act, 1993, a Notice will be served by Tipperary County Council requiring him/her to take whatever remedial action is considered necessary to ensure public safety. Remedial action may range from felling to trimming, lopping of branches or preservation. It is an offence not to comply with the terms of such a Notice. If you have not already done so, it is in your own interest and the safety of others to attend to hedge trimming on public roads prior to 28th February 2019.
All landowners and occupiers of land are requested to take note that Section 46 of the Wildlife (Amendment) Act 2000 prohibits the cutting, burning or destruction of any vegetation growing on uncultivated land or in a hedge or ditch during the period 1st March to 31st August each year. This is to ensure the safety of birds and other wildlife.
Owners and occupiers of land adjoining roads are requested to inspect trees and hedges on their property and ensure that they do not pose a danger to road users.
Your co-operation is requested in ensuring compliance with these provisions.
Please also note that Regulations 49 and 50 of the European Communities (Birds and Natural Habitats) Regulations 2011 make it an offence to plant, disperse, allow dispersal or cause the spread of invasive plant species. Further information regarding the control and management of invasive plant species can be found on the Invasive Species Ireland website at www.invasivespeciesireland.com.
Director of Services
Roads and Health & Safety