Trees on Private Property
– The City of Roswell does not have the legal authority to require the removal of trees that are located on private property unless the trees threaten public property (public streets, sidewalks, school yards, public parks and other public property). When there is a dispute between neighbors about a perceived hazardous tree, this is a civil issue and the City of Roswell will not intervene. If a tree falls from your neighbor’s property onto your property – that is also a civil matter. However, each property owner is responsible for cleaning up any debris on his/her property. In general, you have the right to cut any part of a neighbor’s tree that is over your property as long as you don’t permanently damage the tree. However, you may want to notify your neighbor beforehand to avoid legal problems. It is recommended that property owners contact a tree removal service, an arborist, their homeowner’s insurance company or an attorney for advice on how to handle these situations. 78
Trees on Your Property
– Before removing a tree, consult the City’s Arborist/Landscape Architect to determine if a tree removal permit is required. No tree removal permit is required to remove trees from residential lots unless the lot is one (1) acre or more, or if the tree is a specimen tree or is located in a buffer.
Some of the reasons tree removal may be allowed is:
- The tree is located in an area where a structure or improvement will be placed and the tree cannot be relocated on the site because of age, species, or size
- The tree is diseased or structurally unsound
- The tree is injured and/or poses an imminent danger
- The tree interferes with existing utility service
- The tree creates an unsafe vision clearance for vehicular movement. (UDC Section 12.1) Also, all property owners/residents in the River Corridor should notify the City Arborist if there are plans to remove a tree.