Harry Chandler / 2006
Vermont Law requires a tree warden
to be appointed annually by the select board. The office of tree warden has been viewed as an
archaic office, but is developing new relevance in the late twentieth century.
Shade and ornamental trees within the limits of public rights of way are under
the control of the tree warden. The tree warden may plan and implement a town
shade tree preservation program for the purpose of shading and beautifying
public ways and places by planting new trees and shrubs; by maintaining the
health, appearance and safety of existing trees through feeding, pruning and
protecting them from noxious insect pests and diseases; and by removing
diseased, dying or dead trees which create a hazard to public safety or
threaten the effectiveness of disease or insect control programs. Tree wardens decide when old trees should come down
and when new trees should be planted what pest control measures are needed and where
to prune. They may enact ordinances for the planting, protection, care or
removal of public shade trees. It’s important to appoint someone with a
good background in the subject to this office, one who is both familiar with
the science of trees and who will serve as an advocate for them in an official
capacity.
The select board hears appeals
from decisions of the tree warden. It has no authority to interfere with
this officer if no one appeals. The voters approve budgets that
raise money for caring for these trees. The town road commissioner has
continuing responsibility for maintaining the public rights-of-way.
The private landowner is bound by
the law to work with the tree warden to ensure the health and preservation of
public shade and ornamental trees.
The Commissioner of Forests, Parks and
Recreation has a continuing role in assisting communities and landowners to
keep forests healthy, and operates a cost-sharing program for the planting and
maintenance of trees by towns through the town tree warden. The Commissioner
of Agriculture recommends control measures to protect public trees from
infestation and authorizes the tree warden to take the necessary steps to save
these trees.
Utilities, including power and telephones companies,
also have right within the public right-of-way. With permission from the
town they may prune or cut trees that interfere with lines and poles along the
roadside.
Law enforcement officials enforce the laws making the cutting of
trees on other people’s property or within the right of way a crime. The law relating to town tree wardens is
found in Title 24 of the Vermont Statutes Annotated, Sections 2502 through
2511l The law on tree crimes (crimes involving the cutting of trees) is in
Title 13, Sections 3601 through 3609. Most of the law relating to trees
is common law, meaning that it is found in court cases, many of them from the
earliest reported decisions of the Vermont Supreme Court.