Tree Cutting Laws in Colorado
Here is some important information to know before you cut down a tree
Tree Cutting in Colorado: What You Need to Know
Tree cutting can seem like a simple task, but in Colorado, there are a variety of laws and regulations that govern the process to ensure both the environment and property rights are protected. Here’s a breakdown of key Colorado tree cutting laws, guidelines, and considerations.
Is It Legal to Cut Down Trees in Colorado?
In general, cutting down trees in Colorado’s Roadless Areas is prohibited, unless you meet specific exceptions. This regulation exists to protect Colorado’s beautiful wilderness areas.
Exceptions:
- Personal or Administrative Use: Tree cutting is allowed if it is necessary for personal use or administration under federal regulations (36 CFR part 223, subpart A).
- Christmas Trees: If you want a fresh-cut Christmas tree, you can obtain a permit from the Bureau of Land Management (BLM). Simply visit your local BLM office, purchase a permit, and ensure you follow their guidelines. Find out more here.
Property Line Trees: Know Your Rights
In the State of Colorado, property owners under common law have the right to cut off roots or branches that extend over their property lines. This means that you can trim branches or roots of any tree that is extending over or under your fence or property line in order to avoid other property damages or injuries.
Trees that grow near or along property lines can cause disputes between neighbors. Property owners have the right to trim branches or roots extending onto their property to prevent damage or injury. However, knowingly cutting down or damaging a boundary tree is a Class 2 misdemeanor. Always be cautious and consider informing your neighbor before cutting.
Right-of-Way Trees
Pruning trees along public rights-of-way, such as near sidewalks or streets, does not require a permit. But, be sure that the trimming meets industry standards to avoid fines or violations. Safety is always a top concern in these areas.
Neighbor’s Trees: What to Do When Problems Arise
Sometimes, trees on a neighbor’s property can cause issues, such as encroaching branches, falling leaves, or even structural damage. Here’s what you need to know:
- Fallen trees during storms: If a tree or branch from your property damages your neighbor’s property during a storm, you are responsible for filing an insurance claim to cover the damage.
- Cutting overhanging branches: While there’s no specific Colorado law prohibiting you from cutting branches that extend onto your property, it’s recommended to inform your neighbor first to maintain a good relationship.
- Damaged caused by neighbor’s tree: If your neighbor’s tree is damaging your property and no compromise can be reached, consider mediation. You can also file a small claims court suit for damages under $7,500.
Tree Service License
If you’re considering hiring a professional to handle tree work in Colorado Springs, know that tree service providers must obtain a tree service license. This process requires:
- A business license application,
- Proof of insurance, and
- Other relevant documentation.
Storm Damage and Liability
If a storm causes a tree or its branches to fall and damage a neighboring property, the property owner affected is responsible for filing an insurance claim to cover the damage. This is often misunderstood, as many assume the tree’s owner should be responsible.
Before You Trim: Key Considerations
Before taking out those pruning shears, here are a few things to keep in mind:
- Neighbor communication: Always let your neighbors know before trimming branches that extend onto your property.
- Legal responsibility: The person trimming the tree is responsible for any damages caused by the trimming process.
- Boundary tree: Damaging a boundary tree intentionally is considered a criminal act, so proceed with caution.
Conclusion
Tree cutting and maintenance in Colorado involve more than just wielding a saw or shears. Understanding the legal landscape is essential for protecting property rights, maintaining good relationships with neighbors, and ensuring compliance with local regulations. Whether you’re cutting down a Christmas tree or trimming back overhanging branches, make sure you follow these guidelines to stay on the right side of the law!
Disclosure: I am not an attorney, and the information provided in this article is for informational purposes only. It is not intended as legal advice. For specific legal guidance regarding tree cutting or property disputes, please consult with a licensed attorney.
Sources:
LII / Legal Information Institute
https://www.law.cornell.edu › cfr › text
https://www.blm.gov/programs/natural-resources/forests-and-woodlands/forest-product-permits/colorado-christmas-trees
https://www.robinsonandhenry.com/