Department of Transportation
Highway Division - Chapter 734
Division 35
RIGHT OF WAY AND REAL PROPERTY
734-035-0150
Notification of Hazardous Tree Removal from Private Property
(1) Pursuant to ORS 366.365, when the Department determines that any tree located on private property creates an immediate and substantial risk of damage or injury by obstructing, hanging over or otherwise encroaching or threatening to encroach in any manner on a state highway, and the property owner isn’t readily available, it may go upon such property to cut down or remove such tree.
(2) For the purposes of this rule, a tree creates an immediate and substantial risk of damage or injury when it is determined by the District Manager, or designee, that such tree interferes with the safe, unrestricted movement of traffic; is encroaching on the state highway; or is in a condition that creates a reasonable likelihood it will, in the foreseeable future, encroach on the state highway to a degree that traffic should be restricted or prohibited from using the highway.
(3) The Department, when cutting down or removing any tree from private property, will take measures reasonable under the circumstances to protect the property upon which such tree is located and the value of the cut or removed tree.
(4) After cutting down or removing any tree as described in this rule, the Department will notify the owner of the private property by sending written notice by certified mail to the property owner listed in the county tax records.
(5) The written notice will include:
(a) A general description of the location of the private property and the date any tree was cut down or removed from the private property; and
(b) Information concerning the location of the tree or how such location can be obtained.
(6)(a) The tree will be left on the private property if it is reasonable to do so and can be accomplished in a safe manner.
(b) If the tree can not reasonably be left on the private property, the notice will also include Department contact information such as a telephone number or address and a contact name to claim any tree removed from the private property.
(A) The property owner will have 30 days from the date of the written notice to claim and recover the tree. Any cost incurred to claim or recover the tree is at the property owner’s expense.
(B) The person claiming the tree must be able to show a right to possess the tree; such as a copy of the certified letter sent by the Department. Any tree not claimed within 30 days becomes the property of the Department to be disposed of at the Department’s discretion following standard Department practices.
Statutory/Other Authority: ORS 184.616, 184.619, 366.205 & 366.365
Statutes/Other Implemented: ORS 366.365
History:
HWD 6-2010, f. & cert. ef. 6-16-10