Right of Way Notice
The Linden Shade Tree Commission is responsible for the regulating, planting, care and control of the shade and ornamental trees and shrubbery upon and in the highways and parks of the City. By State Law, the Commission has the “full and exclusive control of the trees in this area and the ground surrounding tree”.
Residents are reminded that the space between the curb/edge of pavement and sidewalk is the City Right of Way. The Right of Way actually extends in at least a few feet inside the sidewalk. In areas with no sidewalks, the Right of Way can extend to 14 feet or more. If you are not sure where the Right of Way begins, the Engineering Department can provide that information. Residents and Tenants are reminded it is unlawful to perform certain acts within the Right of Way and reminded of the following:
- It unlawful to attach any lights, decorations, signs, wires, birdhouses, etc. to any City Tree or place them within the City Right of Way.
- Residents may prune sucker growth at the base of trees, being careful not to damage the trunk. If you are not sure of the proper method, contact the Commission and they will instruct you.
- Do not place excessive mulch around trees. Any mulch should be 1-2 inches maximum in depth and kept at least 6” away from the trunk and root flare of the trees. DO NOT place any planters, edging, bricks, pavers etc. around the tree or within the Right of Way. Avoid dyed mulches. Avoid Bark mulches as they repel water.
- DO NOT plant any shrubs or trees within the Right of Way.
- Within the confines of your property, any trees planted at intersecting streets must be of a variety that is below 3 feet in height at mature sized (including any ground elevation height) in the triangle measured horizontally 25 feet from each curb or edge of pavement.
- It is UNLAWFUL to prune any City Tree whether pruned by the owner or any contractor. The exception of sucker growth is mentioned above.
- It is UNLAWFUL to place stones, pavers or hardscape within the City Right of Way around trees. Be reminded that a permit is required for any work on sidewalks and/or driveways. There is also a limit to the amount of impervious cover allowed on each lot on the private property side of the Right of Way.