SB195: relative to procedures for the trimming, cutting, or removal of trees by utilities.

CHAPTER 267

SB 195 – FINAL VERSION

04/08/09 1192s

20May2009… 1552h

2009 SESSION

09-1027

06/09

SENATE BILL 195

AN ACT relative to procedures for the trimming, cutting, or removal of trees by utilities.

SPONSORS: Sen. Hassan, Dist 23; Sen. Barnes, Jr., Dist 17; Sen. Cilley, Dist 6; Sen. D’Allesandro, Dist 20; Sen. Lasky, Dist 13; Sen. Reynolds, Dist 2; Sen. Sgambati, Dist 4; Rep. Lyons, Rock 8; Rep. Casey, Rock 11

COMMITTEE: Public and Municipal Affairs

ANALYSIS

This bill modifies procedures for the trimming, cutting, or removal of trees by utilities.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/08/09 1192s

20May2009… 1552h

09-1027

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to procedures for the trimming, cutting, or removal of trees by utilities.

Be it Enacted by the Senate and House of Representatives in General Court convened:

267:1 Cutting Trees. RSA 231:172 is repealed and reenacted to read as follows:

231:172 Cutting Trees.

I. No licensee shall have the right to cut, prune, or remove any shade or ornamental tree, for the purpose of erecting or maintaining poles or structures or installing wires or other attachments or appurtenances thereto, without obtaining the consent of the owner of the land on which such tree grows. The receipt of a license to erect and maintain such equipment pursuant to RSA 231:160 and RSA 231:160-a includes consent to cut, prune, or remove shade or ornamental trees growing on land located within the public right-of-way that pose an unreasonable danger to the reliability of equipment installed at or upon licensed utility facilities. Nothing in this section shall affect the right of the landowner to the cordwood or timber that results from the activities of a licensee under this subdivision.

II. A licensee shall provide notice in writing at least 45 days in advance of any non-emergency cutting, pruning, or removal of shade or ornamental trees that is scheduled to take place on a landowner’s property. The notice shall, at the option of the licensee, be given in person, or sent separately by ordinary mail, and not included in or as a part of a utility bill or other regular communication, to owners of affected land using the name and address that appears on municipal tax records for the property, or sent separately by electronic mail, and not included in or a part of a utility bill or other regular communication, if the landowner has established regular electronic mail communication with the licensee.

(a) The notice shall provide the name and contact information of a representative of the licensee who may be contacted to schedule personal consultation regarding the activities.

(b) For the purposes of this section, the owner shall be deemed to have consented to the activities if he or she fails to affirmatively request personal consultation within 45 days of the mailing of such notice.

(c) If, after personal consultation with the licensee, the owner refuses to consent to the activities, the selectmen, upon petition, after notice to the owner and licensee, and hearing, shall determine whether the cutting, pruning, or removal is necessary and, if determined to be necessary, assess the damage to the owner.

III. Upon highways which have been designated scenic roads pursuant to RSA 231:157 and RSA 231:158, cutting, pruning, or removal shall be further restricted as set forth in those sections or any local provisions adopted thereunder.

IV. Nothing in this section shall be construed to require notice to or consent from the owner of land in the event that the owner, or a predecessor of the owner, has granted an easement which provides legal authority for the utility to remove, cut, prune, or trim trees or vegetation on the owner’s land.

267:2 Removal of Certain Hazardous Trees. Amend RSA 231:145 to read as follows:

231:145 Removal of Certain Hazardous Trees. Notwithstanding the provisions of other sections of this subdivision [or any other provision of law] and subject to the provisions of RSA 231:157 and RSA 231:158, the commissioner of transportation on class I and III highways, and state maintained portions of class II highways, and the mayors of cities and the selectmen of towns and the county commissioners for unorganized places on class IV, V, and VI highways and town maintained portions of class II highways may declare any tree, either alive or dead, situated within the limits of highways, roads, or streets to be a public nuisance by reason of unreasonable danger to the traveling public [or], spread of tree disease, or the reliability of equipment installed at or upon utility facilities authorized under RSA 231:160 or RSA 231:160-a. After such declaration by such authority and notice to the abutting landowner on whose property such tree is located the said authority shall within a reasonable time remove the same without compensation or cost to the abutter. However, no such declaration and notice shall be required when the delay entailed by such declaration and notice would pose an imminent threat to safety or property. [The provisions of this section shall not apply to public shade or ornamental trees.] Nothing in this subdivision shall be construed to relieve the public utility companies of their accepted responsibility of tree trimming and tree removal for the protection of their lines, or for the construction of new lines, or to alter the provisions of RSA 231:150-182 in any manner. The aforesaid state and municipal authorities may require of the public utilities owning lines which pass through or near a tree or trees which are condemned for removal as a public nuisance to assist in their removal at their expense by either the temporary removal of their lines or by causing to be removed at their expense the top portion of said tree or trees from a point below their lines.

267:3 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 16, 2009

Effective Date: September 14, 2009