What is the Tree Law in Nebraska?

From the towering cottonwoods to the sprawling oaks, trees are more than just part of Nebraska’s stunning landscape – they’re wrapped up in their own unique set of rules! It’s not just about leaves and branches; it’s about the dos and don’ts, the rights and responsibilities, all rooted in the state’s legal framework. Keep reading to learn more about what tree law in Nebraska is all about.

The 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 of a property owner’s fence and keeping 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 fenceline to repair or avoid damage to, or dislocation of, the division fence.”

Is the Tree Law Unique to Nebraska?

Technically, no. Some other states and jurisdictions have similar laws to how property owners are required to keep trees out of division fences. If you live outside Nebraska, research the specific laws in your state to 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 the integrity or strength of the fence. The property owner must maintain the fence – even if they haven’t been to the property in a fair amount of time.

What Happens if I Violate the Tree Law?

If you are found in violation of the tree law by not maintaining your property, you could be issued with warnings and heavy fines. If you are found non-compliant after the initial violation, you could end up in court facing the state.

Why is this Law Considered Important?

A fence can’t function properly when the integrity of its structure has been compromised or damaged. The reasoning behind the tree law is that fences should 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. In most cases, tree maintenance is a relatively inexpensive job in comparison to having to repair or replace a division fence.

Where Can I Report Violations of the Tree Law?

If you find someone else who violates the tree law, the next step is to 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.