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Landowners - Roadside Trees, Hedges and Shrubs etc. Need to be cut back

Landowners – Please take note

Roadside Trees, Hedges and Shrubs etc. need to be cut back

Section 70 of the Roads Act, 1993;

  • Obliges the owner or occupier of land to take all reasonable steps to ensure that trees, shrubs etc. on the land are not a hazard or potential hazard to road users and that they do not obstruct or interfere with the safe use of, or maintenance of a public road.
  • Allows a road authority to serve a notice on the owner or occupier of the land requiring the preservation, felling, cutting, lopping, trimming or removal within a specified period, of any tree, shrub, etc. which is a hazard or potential hazard to road users, road safety etc and to remove all cuttings and trimmings.
  • Entitles the person on whom a notice is served to appeal against the notice within 14 days to the District Court, which may confirm the notice with or without modification or annul it.
  • Makes it an offence for an owner or occupier of land to fail to comply with a notice and, in such circumstances, allows the road authority to take the action specified in the notice or such other action as it thinks fit, and to recover any reasonable costs incurred from the owner or occupier as a simple contract debt in any court of competent jurisdiction.
  • Allows a road authority to take immediate action to reduce, remove the hazard where it considers that a tree, shrub, hedge or other vegetation presents an immediate and serious hazard to persons using a public road.

As owner/occupier you are requested to take immediate corrective action to ensure that your hedges/trees do not pose a hazard to road users. You should now carry out any required work.

Signed: Simon Walton

Acting Director of Services

Transportation, Corporate Affairs & Emergency Services

Kilkenny County Council, County Hall, John Street, Kilkenny
Tel: +353 (0) 56 7794000 | Fax: +353 (0) 56 7794004 | Email: info@kilkennycoco.ie | Emergency outside office hours: : 1890 252 654
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