ArboristSite.com Sponsors


Safety in residential areas

heidimac

heidimac

New Member
Joined
Feb 8, 2020
Messages
2
Age
44
Location
Maine
I have a huge concern about a neighbor’s contractor’s practices in Maine and am looking for resources. We are in a small, residential subdivision with deed restrictions against clear cutting. New neighbor hired a logger to clear cut his 2.3 acre yard anyway, without contacting neighbors. In the process, he has felled multiple trees across the road on more than day, blocking the entire road for hours. He has also shorn large branches from the trees in the lawn across the road as his large trees came down into their yard. There is damage also in their direct neighbor’s trees. I understand this may be fine in the woods, but I am horrified that this may be normal practice in a subdivision. I’d hate to see someone’s child or dog or home be hit by a tree. Can anyone direct me to laws around this?
 
David Gruber

David Gruber

ArboristSite Member
Joined
Sep 27, 2019
Messages
68
Age
52
Location
Akron, OH
Local law enforcement. Building/safety departments. They can be forced to compensate neighbors for damage to their trees. Not allowed to impede traffic without permits if they did have permits police would be around to direct traffic. Of course if subdivision roads are private rules are different. Those guys could be looking at huge fines
 
heidimac

heidimac

New Member
Joined
Feb 8, 2020
Messages
2
Age
44
Location
Maine
I’ve also discovered our deed restrictions are filed in a plan with Maine Dept of Environmental Protection. Maybe I will look there as well. Thank you!
 
peakbagger

peakbagger

ArboristSite Member
Joined
Oct 19, 2012
Messages
93
Location
NH
Deed restrictions typically are difficult to enforce. You would need to lawyer up and get an injunction to stop work, you then get to go to court and prove that the owner is in violation of the restrictions and prove damages. Contrary to popular belief, law enforcement or local government will not enforce deeded restrictions. One mans clear cut is another mans prescriptive cut. My guess is the contractor is a fly by night operation who figures they can get in and out before they get stopped. I believe the state has county foresters that can assist. If the contractor is doing damage to adjoining properties its time to get an injunction. Dont wait until the contractor is done as its highly unlikely you or the neighbors will get a dime in damages as the landowner will blame the contractor and the contractor is probably set up so that there are no assets to attach.

If you are in a town with local government functions then its time to make the call. It most likely is illegal to drop trees across the road. If you have selectman get them on autodial and demand that they deal with it. Both the logger and the landowner are working on the assumption that no one will stop them before they are done. Of course this is probably an indication that relations with this particular neighbor is not going to work out well. At a minimum they were conned by the logging contractor.

My guess is you are probably in rural town or even worse an unincorporated township and the subdivision has a private road, if the town officials want to they can wash their hands of it and say its a private manner.

Good luck
 
northmanlogging

northmanlogging

The gyppo's gyppo
Joined
Jan 17, 2012
Messages
5,698
Location
western washington
I have a huge concern about a neighbor’s contractor’s practices in Maine and am looking for resources. We are in a small, residential subdivision with deed restrictions against clear cutting. New neighbor hired a logger to clear cut his 2.3 acre yard anyway, without contacting neighbors. In the process, he has felled multiple trees across the road on more than day, blocking the entire road for hours. He has also shorn large branches from the trees in the lawn across the road as his large trees came down into their yard. There is damage also in their direct neighbor’s trees. I understand this may be fine in the woods, but I am horrified that this may be normal practice in a subdivision. I’d hate to see someone’s child or dog or home be hit by a tree. Can anyone direct me to laws around this?
as for laws, I'm not an expert, but contact city/county/township/state authorities early monday morning, point out they are crossing the road, and damaging neighbors property, every logger on the planet dreads a visit by any acting authority, even if they are just acting at authority (especially if they are just acting)

damaging neighboring properties is generally frowned on, and is to be avoided by anyone acting at least marginally responsibly.

Crossing roads happens, and sometimes is the safest thing you can do, but at no time should the road be blocked for hours, legally at least here in WA you can block a road without permit or flaggers for 15 minutes, so you better be fast and ready... and really doing so without flaggers is damned near attempted murder.

Believe me I'm not one to call the man on a fellow logger, but it sounds like these jack asses need to be reined in a little bit.
 
catbuster

catbuster

Catskinner. And buster.
Joined
Nov 30, 2009
Messages
1,213
Location
Lou, KY
1. Blocking a public road without a permit for more than 15 minutes is illegal without flagging and applicable local permits. It’s part 6 of the MUTCD... Which there’s a high probability Maine or the local road operator has adopted. If the road operator hasn’t adopted it, or it’s a private road, you’re probably SOL.

2. That’s just a **** move. It makes us professionals, including good gyppos, look bad.

3. If it is violating a local ordinance, make some calls early Monday morning. Sometimes a quick visit by a local inspector/county or city engineer type fellow will bring an end to the BS. Especially erosion controls. Lack of those is a good way to stop a job in its tracks.

4. Document everything.
 
peakbagger

peakbagger

ArboristSite Member
Joined
Oct 19, 2012
Messages
93
Location
NH
A couple other comments. Document everything. Videos are the best but take photos with time stamps if you dont have access to video. If there are other neighbors get them on board. The more voters that are upset is more motivation for government folks to get involved.

Sleazebags get away with this crap as they assume that "someone else" is going to deal with it. The only way "someone else" deals with it is if someone steps forward and makes the calls preferably when it happens.

It would be interesting to see what is actually registered with the DEP, unless its waterfront or wetlands I would be curious on what they would need to enforce.

If you have any local new outlets, this is the type of thing they like to cover as it looks good on TV if the issues are ongoing.
 
Jhenderson

Jhenderson

ArboristSite Guru
Joined
May 5, 2016
Messages
851
Age
60
Location
Escoheag hill rd
I’m a little confused. Why hasn’t the affected party called the local police about not being able to access their property because the road is blocked? Why hasn’t the affected party called the police about property damage? You don’t need any special laws to deal with those aspects of your concerns. The clearing is another story. That’s strictly your association bylaws and no concern to the police or state. It’s a civil matter. Especially if he converts it to a real lawn.
 
Top