Tree and Hedge Cutting Enforcement

Local authorities may require landowners to cut trees, shrubs, hedges and other vegetation on their lands that interferes with the safe use of a public road or footpath. Local authorities may take action against landowners.

The Maintenance of Hedges

During Winter storms, a large number of trees and branches fall on public roads. Owners and occupiers of land adjoining roads are requested to inspect trees and hedges on their property and ensure that they do not pose a danger to road users.

Owners or occupiers of land are obliged under the Roads Act, 1993, to take all reasonable steps to ensure that a tree, shrub, hedge or other vegetation on the land is not a hazard or potential hazard to persons using a public road and that it does not obstruct or interfere with the safe use of a public road or the maintenance of a public road. Where a tree, shrub, hedge or other vegetation is a hazard or potential hazard to persons using a public road or where it obstruct or interferes with the safe use of a public road or with the maintenance of a public road, Kilkenny County Council may serve a notice in writing on the owner or occupier of the land on which such tree, shrub, hedge or other vegetation is situated requiring the preservation, felling, cutting, lopping, trimming or removal of such tree, shrub, hedge or other vegetation within the period state in the notice. Subject to the right of appeal within 14 days to the District Court, it is an offence for an owner or occupier of land to fail to comply with a notice and, in such circumstances, allows the road authority to take the action specified in the notice or other such action as it thinks fit, and to recover any reasonable costs incurred from the owner or occupier as a simple contract debt in any court of competent jurisdiction.

Where a landowner/occupier fails to meet his/her obligation under the Roads Act, 1993, a Notice will be served by Kilkenny Council Council requiring him/her to take whatever remedial action is considered necessary to ensure public safety.

Between the 1st March and 31st August each year it is an offence under Section 40(1)(a) of the Wildlife Act 1976 as amended by the Wildlife (Amendment) Act 2000 and the Heritage Act 2018 to cut, grub, burn or otherwise destroy any vegetation growing on any land not then cultivated or growing in any hedge or ditch. Exceptions exist in respect of certain works relating to agriculture, fisheries development works, forestry works, public safety, road and other constructions works and noxious weed.

Public Notice

Attention: Landowners and Occupiers

Subject: Responsibilities under the Roads Act 1993

Under the terms of the Roads Act 1993, landowners and occupiers of land are required to take all reasonable care to ensure that trees, ditches, hedges, and other vegetation growing on their land do not pose a danger to people using or working on public roads or footpaths.

Key Responsibilities:

1. Safety and Maintenance: Ensure that trees, ditches, hedges, and other vegetation are maintained so they do not become a hazard. This includes:

Removing dead or dying trees.

Trimming hedges and ditches that interfere with traffic or obstruct footpaths.

Ensuring visibility of road signs and public lighting is not obscured.

2. Liability: Landowners and occupiers are liable for any damage or injury resulting from hazards caused by vegetation on their property.
3. Compliance: Failure to comply with these responsibilities may result in notices being served, and necessary actions being taken by the local authority at the landowner’s expense.
4. Wildlife Protection: Note that under Section 40 of the Wildlife Act 1976 (as amended), the cutting, grubbing, burning, or destruction of vegetation on uncultivated land is prohibited between March 1st and August 31st. Maintenance should be carried out between September and February.
5. Traffic Management: Adequate traffic management measures should be in place during maintenance works, and the local council and Gardaí should be notified before commencing any work.

For further information or to report an issue, please contact your Local Area Engineers Office or visit our online portal.