Responsibilities of Landowners
This notice sets out the responsibilities of landowners in relation to maintenance of roadside trees, hedges and drainage. It should be noted that the public road extends from fence to fence and includes footpaths/grass verges and roadside drains.
Trees and Hedges
The maintenance of roadside trees, hedges and other vegetation is the responsibility of the landowner on whose land they are growing. Landowners should ensure that trees, hedges or other vegetation are maintained in such condition that they are not a hazard to road users and that they do not interfere with the maintenance of the public road. In particular, branches, which jut out onto the road, should be cut back. Dead and unsafe trees should be removed and hedges should be cut and trimmed. It is recommended that professional advice on the condition of roadside trees should be obtained from time to time. When landowners are maintaining hedges or trees all reasonable care should be taken to ensure the safety of road users while this work is being carried out.
It is also important to remember that hedges provide shelter for nesting birds and small animals. Hedge cutting should not be undertaken (except for essential public health, safety or road works) during the growth season, which is between 1 March and 31 August.
As a landowner it is your responsibility to maintain drains on your land. This is of the utmost importance during adverse weather conditions.
It is also your responsibility to ensure that:
- (a) Water is not prevented, or obstructed, from draining onto, under or through your land from the public road. Consequently the drainage system should be adequately maintained.
- (b) Water, soil, slurry or other material does not flow onto a public road from your land.
- (c) Entrances to land are piped with adequately sized pipes or culverts and regularly maintained.
Written consent is required from the Council before a landowner deepens or widens an existing drain, or digs a new drain, within 15 metres of the nearest edge of the public road. Otherwise, consent is not required for the normal maintenance of the drain. It is an offence to interfere with, or carry out any works which interfere with, a bridge, culvert, retaining wall, embankment or other structure providing lateral or other support for a public road.
The Council wishes to acknowledge the co-operation of those landowners and occupiers of land who are, and have been, complying with their responsibilities down through the years.
The Roads Act, 1993 (as amended), provides that in cases where landowners fail to comply with their obligations the Council may take whatever necessary action to ensure compliance. Please note that fines up to €1270, and/or six months in prison, may be applicable.