Sec. 23-59. Powers and duties of wardens.
Sec. 23-59. Powers and duties of wardens. The town or borough tree warden
shall have the care and control of all trees and shrubs in whole or in part within the limits
of any public road or grounds and within the limits of his town or borough, except
those along state highways under the control of the Commissioner of Transportation
and except those in public parks or grounds which are under the jurisdiction of park
commissioners, and of these the tree warden shall take the care and control if so requested
in writing by the park commissioners. Such care and control shall extend to such limbs,
roots or parts of trees and shrubs as extend or overhang the limits of any such public
road or grounds. The tree warden shall expend all funds appropriated for the setting
out, care and maintenance of such trees and shrubs. The tree warden shall enforce all
provisions of law for the preservation of such trees and shrubs and of roadside beauty.
The tree warden shall remove or cause to be removed all illegally erected signs or advertisements, placed upon poles, trees or other objects within any public road or place under
the tree warden's jurisdiction. The tree warden may prescribe such regulations for the
care and preservation of such trees and shrubs as the tree warden deems expedient and
may provide therein for a reasonable fine for the violation of such regulations; and such
regulations, when approved by the selectmen or borough warden and posted on a public
signpost in the town or borough, if any, or at some other exterior place near the office of
the town or borough clerk, shall have the force and effect of town or borough ordinances.
Whenever, in the opinion of the tree warden, the public safety demands the removal or
pruning of any tree or shrub under the tree warden's control, the tree warden may cause
such tree or shrub to be removed or pruned at the expense of the town or borough and
the selectmen or borough warden shall order paid to the person performing such work
such reasonable compensation therefor as may be determined and approved in writing
by the tree warden. Unless the condition of such tree or shrub constitutes an immediate
public hazard, the tree warden shall, at least ten days before such removal or pruning,
post thereon a suitable notice stating the tree warden's intention to remove or prune
such tree or shrub. If any person, firm or corporation objects to such removal or pruning,
such person, firm or corporation may appeal to the tree warden in writing, who shall
hold a public hearing at some suitable time and place after giving reasonable notice of
such hearing to all persons known to be interested therein and posting a notice thereof
on such tree or shrub. Within three days after such hearing, the tree warden shall render
a decision granting or denying the application, and the party aggrieved by such decision
may, within ten days, appeal therefrom to the superior court for the judicial district
within which such town or borough is located. The tree warden may, with the approval
of the selectmen or borough warden, remove any trees or other plants within the limits
of public highways or grounds under the tree warden's jurisdiction that are particularly
obnoxious as hosts of insect or fungus pests.
(1949 Rev., S. 3497; 1957, P.A. 13, S. 83; February, 1965, P.A. 614, S. 3; 1969, P.A. 768, S. 250; P.A. 76-436, S. 463,
681; P.A. 78-280, S. 1, 127; P.A. 84-146, S. 15; P.A. 85-216; P.A. 00-106, S. 2.)
History: 1965 act deleted provision that cost of hearing "shall be taxed ... as provided in section 13-12" and required
that appeals be made to court of common pleas rather than to state park and forest commission; 1969 act replaced state
highway commissioner with commissioner of transportation; P.A. 76-436 replaced court of common pleas with superior
court and added reference to judicial districts; P.A. 78-280 deleted reference to counties; P.A. 84-146 included a reference
to posting of notice on a place other than a signpost; P.A. 85-216 increased the maximum fine from $20 to $90; P.A. 00-106 changed fine for violation of regulations from maximum of $90 "in any one case" to a "reasonable" fine, increased
from five to ten the number of days the tree warden must post intent to remove or prune a tree or shrub, and made technical
changes.
Tree warden doing this work himself, for pay, comes under workman's compensation act. 102 C. 573. Exclusive control
in warden over trees within highway, or parts thereof even though trees themselves stand on private grounds. 128 C. 674.
Cited. 26 CA 599. Court's jury instruction regarding tree warden statute was correct in law. 68 CA 284. In view of
Supreme Court decision and statutes vesting exclusive control in town tree wardens over trees located in whole or in part
in public roadways, court correctly held that owners of private, adjoining land were not liable to plaintiffs injured by falling
tree, despite the fact that private landowners unintentionally created the condition that caused the tree to decay and fall,
upon facts that demonstrated private landowners gave town timely notification of the decay before tree fell. 97 CA 31.
Exclusive control of all trees standing in whole or in part within limits of a highway is vested in town or borough tree
wardens even though trees stand on private grounds. 17 CS 108.