Landowners are required to take all reasonable steps to ensure that trees, hedges and other vegetation growing on their land are not, or could not become, a danger to people using a public road or interfere with its safe use or maintenance. File photo
The possibility of financial assistance being provided to landowners who are requested to undertake substantial works to cut back roadside trees and hedges was raised in the Dáil.
Cork North-West TD Michael Moynihan (FF), who tabled the question to Transport Minister Eamon Ryan, said these works can sometimes necessitate closing a public road.
The minister replied that the improvement and maintenance of regional and local roads is a statutory function of each road authority.
Works on regional and local roads are funded by the local authority’s own resources supplemented by State grants. Within the overall resources available to it, the selection and prioritisation of works including the maintenance of road verges is a matter for each local authority.
Mr Ryan said Section 70 of the Roads Act 1993 sets out the responsibility of landowners. They are required to take all reasonable steps to ensure that trees, hedges and other vegetation growing on their land are not, or could not become, a danger to people using a public road or interfere with its safe use or maintenance.
Mr Ryan explained a local authority can serve notice requiring a landowner to take action to address a hazard.
This section of the Roads Act also allows the relevant road authority to step in where a landowner fails or is unable to take action to remedy a hazard and to seek recovery of reasonable costs from the landowner.
Pointing out that Transport Infrastructure Ireland and the relevant local authority are responsible for the maintenance of national roads, Mr Ryan said he had referred Mr Moynihan’s question to it for a direct reply.
In a separate response to Mayo TD Dara Calleary (FF), Agriculture Minister Charlie McConalogue said the maintenance of roadside hedges is covered under the Roads Act.
It states that the owner or occupier of land shall take all reasonable steps to ensure that a tree, shrub, hedge or other vegetation on the land is not a hazard or potential hazard to persons using a public road and that it does not obstruct or interfere with the safe use of it.
While the DAFM acknowledges the responsibility this places on landowners, the minister said it has not had any engagement with other government departments on providing financial support in this area.
“However, I will consider engaging with those other government parties to ensure that the best practical advice on the management of roadside hedges can be developed and provided to landowners.”
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