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Maintaining Hedges and Trees Next to the Highways

Landowners/occupiers are responsible for maintaining hedges and trees growing along the edge of the highway (often the boundary with private property). This includes trees that overhang the highway or fall on to it. If you are unsure whether you are the owner check your property deeds or with The Land Registry (see below). Landowners/occupiers must: trim hedges and trees to ensure growth does not obscure the view of road signs; trim roadside hedges to maintain visibility for road users, particularly at junctions and on the inside of bends; trim any hedge that directly abuts a road, footway, cycleway or public right of way so that growth does not prevent the passage or affect the safety of the highway user, including cyclists and pedestrians; remove dead or decaying trees and other growth that may fall across the highway; remove branches and other growth that may prevent the passage of high-sided vehicles or obstruct light from a street light; ensure the highway (including the footway and drainage features) is left clear of debris from any cutting operations.

Devon County Council, the local highway authority, is responsible for: maintaining trees growing within the highway limits; protecting the safety of highway users by ensuring that owners and occupiers carry out any necessary maintenance (as outlined above); serving, when necessary, a notice on the owner/occupier requiring work to be completed within a certain timeframe. If the work is not done, the authority might itself carry out the work and reclaim the cost from the owner or occupier.

Tips for Maintaining Hedges and Trees When?
Ideally in January and February, avoiding the period between March and August, because: disturbance of breeding birds, legally protected under the Wildlife and Countryside Act 1981, will be reduced; most plants will have finished flowering and seeding; berries and nuts will be available for wildlife for as long as possible during the winter; there will be less traffic on the roads, reducing congestion and delays.

How much and how often?
Overhanging hedges and trees should be cut back vertically to the boundary to maintain the minimum required clearance heights: Roads: 5.2m Footpaths: 2.1m Where they are set back from the road and safety considerations allow, hedges can be cut on a two or three year (or longer) cycle.  If the side of the hedge bordering the road has to be cut every year for visibility, drainage or other reasons, you should consider only cutting the top and field/property side of the hedge every two or three years, or less frequently. You will need to regularly inspect trees adjacent to a road, assessing overhanging branches for their condition and taking action on those that are a hazard or obstructing the road or path.  However, before pruning or felling a tree it will be worth contacting South Hams District Council as their consent may be needed if the tree is protected or in a conservation area. Click here for more information.

What about planting new hedges/trees? 
If you want to plant a tree or shrub in a highway verge, phone 0345 155 1004. The highway authority will be able to advise on the suitability of the location and look at safety issues such as the effect on visibility for road users. Remember that you may be asked to be responsible for the future maintenance of what you plant.

Safety First
Put warning signs in place before you start working on the highway and remove them once you have finished. Signs should be placed well in advance of the work and be clearly visible on every approach to the affected areas. Devon County Council has produced a helpful factsheet that can be downloaded from their website (see below). Should you decide to employ a contractor to carry out the work on your behalf, it will be worth checking that: the work is done in good visibility and in daylight; the work is done when traffic flows are minimal to reduce congestion; the person responsible for the work, or their contractor, has public liability insurance cover for working on the highway for a value of £5 million; equipment is well-maintained and in good condition, and does not throw debris into the path of traffic or other highway users; the highway, including footways, cycleways and drainage features, is left clean of debris.

Web Links for Further Information Devon County Council
Hedges and verges fact sheet
Roads and Farmers fact sheet (Verges, Trees and Ditches) South Hams District Council
Land Registry Searches On-line