What is the Tree Law in Nebraska?

Towering cottonwoods and sprawling oaks are more than just parts of Nebraska’s stunning landscape. They come with their own unique set of rules! It’s not just about leaves and branches. Tree Law is about the dos and don’ts, the rights and responsibilities, all rooted in the state’s legal framework. Learn more about Nebraska tree law and what it is all about.

Tree law is the informal name for a law (Section 34-103) that appears in the Nebraska state legislature. This law applies to the maintenance of homes and gardens, specifically the maintenance required to keep trees off a property owner’s fence. Property owners must properly keep trees or bushes out of fences that divide their property from a neighbor’s.

Nebraska revised statute section 34-103 includes: “necessary removal or trimming of trees and woody growth within or encroaching upon the fence line to repair or avoid damage to, or dislocation of, the division fence.”

Is the Tree Law Unique to Nebraska?

No, tree law is not unique to Nebraska. Other states and jurisdictions have similar laws on how property owners must keep trees out of division fences. If you live outside Nebraska, you should research your state’s specific laws. That will determine how these matters are handled.

What Does the Tree Law Mean?

The tree law makes it the property owner’s responsibility to remove overgrowths and plants from the fence. A fence may not become overgrown past the point where it compromises its integrity or strength of the fence. The property owner must maintain it – even if they haven’t been to the property in a fair amount of time.

What Happens If I Violate the Tree Law?

Violating the tree law by not maintaining your property can result in warnings and heavy fines. As a result, you can end up in court.

Contact your local Omaha tree trimming company before your trees become an issue.

Why This Law Is Important

A fence can’t function properly if the integrity of its structure has been compromised or damaged. The reasoning behind the tree law is that:

Fences must be maintained and free from any plants or overgrowth.

There are many reasons for this, including the potential impact that the overgrowth could have on safety if the fence collapses. Tree maintenance is usually inexpensive compared to repairing or replacing a division fence.

Where Can I Report Violations of the Tree Law?

If your neighbors’ trees violate the tree law, and the issue can not be resolved between the two parties, then, contact your local state office.

Tree Services of Omaha

Tree Services of Omaha, Nebraska is a full-service tree care provider that offers a wide range of arborist services including but not limited to: Tree Removal Services, Tree Trimming, Tree Pruning, Tree and Shrub Shaping, Stump Removal, Stump Grinding, Arborist Consultations, Systemic Tree Injections.