Who Is Responsible for Fallen Tree Removal? Simple Trick to Find Out

Man gestures toward a tree that has fallen over a walkway while another man points his finger at him asking who is responsible for fallen tree removal of neighbor’s tree fall on fence.

Who is responsible for fallen tree removal?

There’s a very simple way to find out.

Trees are gorgeous and have functional features around your home (like helping to keep you cool during the summer), but sometimes, trees become damaged by storms, pests, or other problems and when they fall, knowing who is responsible can save a lot of time and headache.

Who Is Responsible for Fallen Tree Removal?

A tree is a property belonging to the owner where it grows.11 Thus, the burden of removing a fallen tree may differ depending on its owner. Various states also offer different laws relating to fallen tree removal.

For instance, some states allow you to contact them to remove fallen trees within their lines and pipes. Also, others will allow you to sue a neighbor who has refused to take responsibility for their fallen tree on your property.

Who Is Responsible for a Fallen Tree Cost?

Who is responsible for fallen tree removal depends on where it has fallen.12 If a tree grows on your land and falls on it, you should remove it or plan for its removal. Nonetheless, you should know that the task of removing a fallen tree is quite risky, and you should observe safety measures.

It would be best to hire an experienced tree removal surgeon if your fallen tree has high trees. They will remove your tree, observing the safest safety measures. In such cases, your home insurance provider may cater to such costs.

You can get a tree removal cost estimate using the calculator here:

If a tree grows on your neighbor’s or public land, you should inform the suitable landowner about its removal. Although you may make the best efforts to remove a fallen tree on your premises, you shouldn’t attempt removing a tree belonging to someone else without their consent.

Who Removes Fallen Trees?

When you are responsible for removing a fallen tree, don’t attempt to carry out the task on your own— always consider hiring a professional. Using tools such as chainsaws and other powerful tools can be too dangerous, especially if you are a new user. Also, surfaces can be too slick with ice or water after a major storm.

In addition, never attempt to detangle limbs above a power line,2 even when the utility has turned off the power. In some cases, an improperly installed or dysfunctional generator can back-grid power and cause electrocution. Moderately fallen trees are also risky as they may be supported by some branches that can dismantle when disturbed and continue falling.

When hiring an expert for hazardous tree removal, it is essential to ensure that the company caters to its designated workers’ insurance compensation. This is because there is an increased risk of on-site injuries. A good tree removal company provides insurance to its workers to increase your hiring confidence.

Who Is Responsible for Fallen Tree Removal In all 50 States?

Each state has individual policies relating to tree removal and utility lines. Most policies require that trees should be planted about 20 feet close to power lines. Otherwise, if you plant a tree closer to the power line, the municipal will come to trim the tree or cut it altogether.

 

The table below summarizes the tree removal policies within various states of the US.

Who Is Responsible for Fallen Tree RemovalState AgencyReporting Steps
Who Is Responsible for Fallen Tree Removal in Alabama (AL)Alabama Forestry CommissionRecord the Damage
Report to Insurance
Who Is Responsible for Fallen Tree Removal in Alaska (AK)Division of Forestry OfficesInform your neighbor
Report to the state agency
Who Is Responsible for Fallen Tree Removal in Arizona (AZ)Department of Forestry and Fire ManagementAs mentioned above
Who Is Responsible for Fallen Tree Removal in Arkansas (AR)Arkansas Forestry CommissionCater for necessary tree removal costs
Sue your neighbor for damages
Who Is Responsible for Fallen Tree Removal in California (CA)California Forestry AssociationInform your neighbor
Report to the local government
Who Is Responsible for Fallen Tree Removal in Colorado (CO)Division of ForestryRemove the tree
Sue your neighbor for damages
Who Is Responsible for Fallen Tree Removal in Connecticut (CT)Connecticut Forest & Park AssociationInform your neighbor
Sue for possible damages
Who Is Responsible for Fallen Tree Removal in Delaware (DE)Delaware Forestry AssociationInform your neighbor
Report to the local government
Who Is Responsible for Fallen Tree Removal in Florida (FL)Florida Forest ServiceInform your neighbor
Report to the local government
Who Is Responsible for Fallen Tree Removal in Georgia (GA)Georgia Forestry CommissionRemove the tree and cater to expenses
Your neighbor is responsible only when they had priorly died
Image of a fallen tree and an orange road block barrier in the middle of the road with red car parked beside the curb.

(Image: Mike Bird18)

Who Is Responsible for Fallen Tree RemovalState AgencyReporting Steps
Who Is Responsible for Fallen Tree Removal in Hawaii (HI)Hawaii Forest Industry AssociationInform your neighbor
Report to the local government
Who Is Responsible for Fallen Tree Removal in Idaho (ID)National Association of State ForestersInform your neighbor
Report to the local government
Who Is Responsible for Fallen Tree Removal in Illinois (IL)Illinois Forestry AssociationReport to your home insurance company
Who Is Responsible for Fallen Tree Removal in Indiana (IN)Indiana Forest AllianceInform your neighbor
Report to the local government
Who Is Responsible for Fallen Tree Removal in Iowa (IA)Iowa State Forestry ExtensionRemove the tree and cater for expenses
Your neighbor is only when the had priorly died
Who Is Responsible for Fallen Tree Removal in Kansas (KS)Kansas Forest ServiceInform your neighbor
Report to the local government
Who Is Responsible for Fallen Tree Removal in Kentucky (KY)Division of ForestrySue your neighbor for damages caused
Who Is Responsible for Fallen Tree Removal in Louisiana (LA)Louisiana Forestry AssociationDetermine the cause of the tree falling
Report to the local authority when not caused by a natural calamity
Who Is Responsible for Fallen Tree Removal in Maine (ME)Forest Service of MaineInform your neighbor
Report to the local government
Who Is Responsible for Fallen Tree Removal in Maryland (MD)Maryland Forests AssociationRemove the tree and cater to expenses
Your neighbor is only when they had priorly died
Image of a fallen tree beside a house with branches already cut down to shorter lengths.

(Image: Mike Bird19)

Who Is Responsible for Fallen Tree RemovalState AgencyReporting Steps
Who Is Responsible for Fallen Tree Removal in Massachusetts (MA)Massachusetts Forest AllianceInform your neighbor
Report to the local government
Who Is Responsible for Fallen Tree Removal in Michigan MI)Michigan Forest AssociationInform your neighbor
They should later file a claim with their insurance company
Who Is Responsible for Fallen Tree Removal in Minnesota (MN)Minnesota Forestry AssociationInform your neighbor
They should later file a claim with their insurance company
Who Is Responsible for Fallen Tree Removal in Mississippi (MS)Mississippi Forestry CommissionInform your neighbor
Report to the local government
Who Is Responsible for Fallen Tree Removal in Missouri (MO)Missouri Forest Products AssociationInform your neighbor
They should later file a claim to their insurance company
Who Is Responsible for Fallen Tree Removal in Montana (MT)National Association of State ForestersInform your neighbor
Report to the local government
Who Is Responsible for Fallen Tree Removal in Nebraska (NB)Nebraska Forest ServiceInform your neighbor
Report to the local government
Who Is Responsible for Fallen Tree Removal in Nevada (NV)Nevada Division of ForestryInform your neighbor
Sue for negligence
Who Is Responsible for Fallen Tree Removal in New Hampshire (NH)Division of Forests and LandsFile a claim to your homeowners’ insurance company
Sue your neighbor for damage
Who Is Responsible for Fallen Tree Removal in New Jersey (NJ)New Jersey Forest ServiceInform your neighbor
Their insurance cover will cater for the damage
Image of a fallen tree showing its roots, bark, branches and leaves on the grassy ground.

(Image: Castorly Stock 20)

Who Is Responsible for Fallen Tree RemovalState AgencyReporting Steps
Who Is Responsible for Fallen Tree Removal in New Mexico (NM)New Mexico Forestry DivisionInform your neighbor
Sue them for negligence
Who Is Responsible for Fallen Tree Removal in New York (NY)National Association of State Foresters Inform your neighbor
Sue them for damage
Who Is Responsible for Fallen Tree Removal in North Carolina (NC)North Carolina Forest ServiceRemove the tree
Sue your neighbor for damage
Who Is Responsible for Fallen Tree Removal in North Dakota (ND)National Association of State ForestersInform your neighbor
They should cater for all damages
Who Is Responsible for Fallen Tree Removal in Ohio (OH)Division of ForestryInform your neighbor
Sue them for damage
Who Is Responsible for Fallen Tree Removal in Oklahoma (OK)Oklahoma Forestry ServicesDiscuss the issue with your neighbor
Determine the party liable for the damage
Who Is Responsible for Fallen Tree Removal in Oregon (OR)Oregon Department of ForestryInform your neighbor
Sue them for damages
Who Is Responsible for Fallen Tree Removal in Pennsylvania (PA)Pennsylvania Forestry AssociationNotify your neighbor
Request them to remove it
Who Is Responsible for Fallen Tree Removal in Rhode Island (RI)Division of Forest EnvironmentRemove the tree
Sue your neighbor for negligence
Who Is Responsible for Fallen Tree Removal in South Carolina (SC)South Carolina Forestry CommissionInform your neighbor
Sue them for damage
Image of a fallen tree with soil still attached on its roots located in a neighborhood.

(Image: Castorly Stock 21)

Who Is Responsible for Fallen Tree RemovalState AgencyReporting Steps
Who Is Responsible for Fallen Tree Removal in South Dakota (SD)South Dakota ForestryInform your neighbor
They should remove it
Who Is Responsible for Fallen Tree Removal in Tennessee (TN)Tennessee Forestry AssociationInform your neighbor
Sue them for negligence
Who Is Responsible for Fallen Tree Removal in Texas (TX)Texas Forest ServiceRemove the tree
Sue your neighbor for damages caused
Who Is Responsible for Fallen Tree Removal in Utah (UT)National Association of State ForestersRemove the tree
Sue your neighbor for damages caused
Who Is Responsible for Fallen Tree Removal in Vermont( VT)National Association of State ForestersInform your neighbor
They are responsible for removing it
Who Is Responsible for Fallen Tree Removal in Virginia (VA)Virginia Department of ForestryInform your neighbor
File a claim against them
Who Is Responsible for Fallen Tree Removal in Washington (WA)National Association of State ForestersInform your neighbor
They are responsible for paying damages caused
Who Is Responsible for Fallen Tree Removal in West Virginia (WV)Division of ForestryRemove the tree
Sue your neighbor for damages caused
Who Is Responsible for Fallen Tree Removal in Wisconsin (WI)Forestry DivisionInform your neighbor
They are responsible for removing such trees
Who Is Responsible for Fallen Tree Removal in Wyoming (WY)Forestry DivisionInform your neighbor
They are responsible for removing such trees
Photo of a fallen tree in the middle of the road on a gloomy day.

(Image: Quick PS22)

Neighbor’s Tree Fell on My Fence: What To Do

Determining who is responsible for the costs involved when your neighbor’s tree falls on your fence can be scary. However, identifying the right thing to do will help you to file a successful insurance claim. Thus, here are the practical steps you can follow to file one:

  1. Restrain any efforts of clearing or moving the damaged tree unless it triggers some hazard.
  2. Using high-quality pictures, document the damage. If you are for the idea that the damage occurred due to negligence, gather witness statements and any evidence that may support your belief.
  3. Reach your home insurance company promptly and talk to the claim agent. Ensure that your policy cover will cater to this situation. Later, register the claim and launch the process.
  4. If your neighbor’s tree fell on your fence while trimming or cutting it, file the damage and notify them. If they admit their responsibility, allow them to contact their insurance provider to compensate for the damage.
  5. Allow the insurance company to value the damage. You can also back up using pictures.
  6. Depending on the intensity of the damage, you will receive compensation between 2 and 4 weeks. You can also track your claim’s progress with your insurance company and pressure them to increase your claim process.7

Penalty for Cutting Tree Without Permit

In most states, you will require a permit to cut a tree. Also, most urban cities provide that you must acquire a tree removal permit before removing a fallen tree on your property.4 However, you don’t need to apply one if the tree is hazardous or dead and for tree trimming in other cases.

Image of an orange chainsaw on top of a tree stump and a fallen tree beside it.

(Image: WFranz14)

You are liable for a penalty if you cut other trees without a permit.5 This penalty may range from $500-$10,000. Nonetheless, courts have ruled out more significant penalties of $100,000 per offense for other cases.

Who Removes Fallen Trees From Roads?

Depending on where you live, it is the responsibility of your state or local municipality to remove a fallen tree on the road. Typically, states are responsible for maintaining state roads, and counties and towns are responsible for maintaining county roads and town roads, respectively. The local government maintains roads in most cities.

Therefore, if a tree falls near a road where you live, the authority responsible for maintaining the road should clear it. Most roads are generally state roads; thus, the Department of Transportation is accountable for removing trees and limbs on the roads.

Who To Call for Fallen Tree Removal?

It will depend on where the tree has fallen.10 If a tree falls on your property, you should evacuate and call 911 for injury treatments. Later, you will call your local fire department, the police, and your insurance company to file your claim.

Screenshot of Fairfax County website page about Public Works and Environmental Services with yellow arrows pointing to the information on who to call when it comes to tree resources.

(Image: Fairfax County15)

If a tree falls on power lines, you should stay at a safe distance and contact your local power company. On the other hand, if a tree falls on the ground, you should determine the amount of damage and use the best approach for tree removal.

Will the City Remove a Fallen Tree?

The city’s responsibility for removing a fallen tree is a simple trick to find out. The city will remove a tree if it has fallen on the road and streets, and your state will remove it. Also, if the fallen tree were growing on the city premises, the city would also remove it.

Fallen Tree Removal Cost

The average tree removal cost ranges between $159 and $200. Also, the average cost of cutting down a fallen tree is $700-$750. The average tree removal cost depends on the size of the fallen tree and other factors.13

Image of a man putting a chain on a fallen tree trying to remove it off the road.

(Image: WFranz16)

Here is a brief overview of the factors determining the cost of tree removal:

  • Tree Size – Trees with a height below 30 feet are considered small, and the cost of removing such trees ranges between $150 and $500. A medium-sized tree is between 30-60 feet, and it will cost you $800-$1,700 to remove. A tall tree is above 80 feet and will cost you $1,500- $3,000 to remove.
  • Type of Tree – Trees with similar dimensions but of different species may attract additional costs to remove. For instance, a mature oak between 60-80 feet will cost $700 to $1,300 to remove, while a mature ash tree attains a maximum height of 40-80 feet and typically costs $800 to $2,000 to remove.
  • Condition or Health of the Tree- A dead tree seriously threatens your property, other trees, and anyone in front of your yard. Such a tree is less expensive to remove compared to its counterparts.
  • Emergency Tree Removal- Contractors will charge gouging prices to remove fallen trees due to an emergency. However, your home insurance provider may cater to such costs related to tree removal.
  • The Number of Trees- If your tree has fallen within an area crowded with several trees, you will be forced to pay based on acreage. It will cost you $500 to $2,500 per acre to remove trees in a light wounded area and $3,000 to $6,000 to remove trees in a higher tree-density area.

Neighbor’s Tree Fell in My Yard: Who Is Responsible

Your homeowners’ insurance policy would cater for the removal cost of your neighbor’s fallen tree in your yard if a natural calamity caused it.3 The opposite will also happen; if your tree falls in your neighbor’s yard, your neighbor is responsible for contacting their insurance company to determine the type of coverage available for cleaning up their yard.

Image of a fallen tree uprooted off the ground near a house.

(Image: Marek Studzinski17)

In most scenarios, neighbors can work out things with less trouble. Thus, you must file a homeowners insurance claim based on your damage. They may cover the tree removal cost, based on your policy.

Can I Sue My Neighbor if His Dead Tree Falls on My House?

Your neighbor is responsible for damages and the costs of removing their fallen dead tree from your house. You only need to notify your neighbor and claim insurance compensation from your homeowner insurance coverage.

If you have issues with your neighbor’s tree, you can contact a certified arborist to conduct an evaluation. You can later send a certified letter to the neighbor requesting the tree removal. This letter will allow you and your insurance company to sue your neighbor for negligence.8

Fallen Tree Removal Cost Calculator

The tree removal average cost calculator can allow you to determine the cost of removing a fallen tree on your property. Using your primary inputs, such as the size of the tree, the number of trees, and the tree’s location, the calculator will provide you with the tree removal cost with an error margin of 5%. Here is the fallen tree removal cost calculator.6

Who Is Responsible for Trees Between Sidewalk and Street?

Like road maintenance, the state and local municipalities are responsible for removing trees between streets and sidewalks. The city is responsible for removing such trees on county and town roads. The local government maintains roads in cities.

Thus, if you identify a tree falling between a sidewalk and a street, the relevant road maintenance authority is responsible for removing it.

Free Tree Removal for Seniors

Some states offer free tree removal services for seniors to prevent the possible dangers of dying,9 dead, and rotting trees. There is no comprehensive country-based federal program for helping seniors remove trees, but most states and cities have their programs. Most of these programs are motivated toward removing dead, hazardous, and dying trees.

Free Tree Cutting Service

Getting free tree-cutting services for your dead, rotten, and an overgrown tree is a suitable way to minimize possible threats while saving you real money. The average cost of removing a tree ranges between $200 to $2,000; thus, it would be best if you sought a suitable option. Since removing a tree on your own is a dangerous and illegal act, it would be best if you chose a suitable tree removal service.

There are various occurrences where you can consider a free tree removal service. The main reason to qualify for a free tree-cutting service is when it is damaging your sewer line. Other cases where you may qualify for a free tree removal service from a professional include:1

  • A tree sitting on town property.
  • Your local law provides tree removal assistance for sick or dead trees.
  • Your local authority offers free tree removal for seniors.
  • The tree potentially threatens the sidewalks, roads, and public areas.
  • An individual or company within your area provides free tree removal in exchange for firewood.

How To Acquire a Free Tree Cutting Service?

The following are the practical steps for qualifying for a free tree removal service:

  1. Reach out to your reliable utility company if you suspect that your tree can cause possible damage to the related power line.
  2. Contact your town municipal council if you notice a tree is threatening the safety of public areas such as walkways and roads.
  3. Apply for city governments and local country grants for the free tree removal service.
  4. Consider checking your homeowners’ insurance about the possible compensation for damage caused during the free tree removal.
  5. Lastly, you can consider advertising to local lumber willing to cater for the tree removal costs in exchange for firewood.

Who is responsible for fallen tree removal? The answer is that it mainly depends on the owner of the fallen tree and the state where you live. If your tree falls on your property, you have the responsibility to remove it, and you can achieve this with the help of your home insurance policy.

Similarly, if your neighbor’s tree falls on your fence, property, or yard due to rotting, overgrowing, and disease, they are responsible for removing such trees. Thus, you can sue them if they are negligent in catering to such expenses.

On the other hand, if a tree falls on the road, streets, and public areas, your local authority is responsible for removing such trees. Your state or local authority may offer free tree removal services if you are a senior.

Finally, you don’t have to worry about expensive tree removal services; with the help of our procedure of qualifying for a free tree-cutting service, you can remove and cut your tree with less hassle.

You now know who is responsible for fallen tree removal. These tricks will help you maneuver over your next frustrating fallen tree removal task.


References

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2Coyne, M. (2022). When a Tree Falls, Who’s Responsible? Weather. Retrieved September 30, 2022, from <https://eu.lohud.com/story/weather/2018/05/17/when-tree-falls-down-whos-responsible/620417002/>

3Erie Insurance. (2021, February 15). What Happens if My Neighbor’s Tree Falls in My Yard? Home Sense. Retrieved 2022, from <https://www.erieinsurance.com/blog/neighbors-tree-falls-in>

4GoTreeQuotes. (2022, April 13). Do I Need a Permit To Cut Down a Tree on My Property? Compare Tree Removal Quotes Now. Retrieved 2022, from <https://www.gotreequotes.com/do-i-need-permit-to-cut-down-tree-on-property/>

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8GoTreeQuotes. (2022, September 9). Neighbors Tree Falls on My House, Who’s Responsible? Home. Retrieved 2022, from <https://www.gotreequotes.com/neighbors-tree-falls-on-house-or-roof/>

9GoTreeQuotes. (2022, September 24). Free Tree Removal for Seniors. Compare Tree Removal Estimates Now. Retrieved 2022, from <https://www.gotreequotes.com/free-tree-removal/seniors/>

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12The Register Guard. (2022). The Tree Fee: Who Pays the Cost of Tree Removal? Home Garden. Retrieved September 30, 2022, from <https://eu.registerguard.com/story/lifestyle/home-garden/2020/07/02/tree-fee-who-pays-cost-of-tree-removal/42024643/>

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14WFranz. Pixabay. Retrieved from <https://pixabay.com/photos/chainsaw-tree-tree-pruning-4815949/>

15Fairfax County. Fairfax County. Retrieved from <https://www.fairfaxcounty.gov/publicworks/trees/who-to-call>

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18Mike Bird. Pexels. Retrieved from <https://www.pexels.com/photo/a-fallen-tree-blacking-the-road-5351110/>

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22Quick PS. Unsplash. Retrieved from <https://unsplash.com/photos/oAliArJAlno>