By 1808Delaware
Powell is considering a policy that would clarify who maintains trees along neighborhood streets, including those currently trimmed by homeowners associations. Such a plan would put routine pruning of trees in the public right-of-way under city control, including trees beside residential properties and within neighborhoods where ownership or maintenance arrangements have varied. It also would establish clearance standards for branches above roads, sidewalks, and multi-use paths.
The proposal remains under development. It must go through additional review and receive City Council approval before anything changes. Read Powell’s October 15 policy overview.
Fifteen Feet Over Streets
The proposed standards call for 15 feet of height clearance above roadways as well as 8 feet above sidewalks and multi-use paths. These numbers are tied to practical needs, as low branches can interfere with snowplows, emergency vehicles, school buses, pedestrians, and cyclists. Using the same minimums throughout the city would replace a patchwork of trimming practices with one set of expectations.
Powell says the policy is also intended to protect the health of its tree canopy. Consistent pruning can address obstructions while reducing the risk that public trees are trimmed differently from one neighborhood to the next.
City Trees And Private Trees Part Ways
Under the plan, Powell would pay for standard pruning of right-of-way trees through its general fund. Residents whose properties border those trees would not receive a separate charge for routine city work.
Trees located on private property would remain the owner’s responsibility. If a private tree creates a safety or clearance problem, the city could use its existing enforcement authority. The new policy would provide a 14-day notice period for the owner to correct the issue before enforcement moved forward. That distinction makes location important. A tree that appears to be part of a homeowner’s front landscaping may stand within the public right-of-way, while another tree only a short distance away may be entirely private.
Powell maintains a street-tree information page where residents can review the city’s current guidance and contact Public Service with questions about trees near streets and sidewalks.
A Change For Homeowners Associations
Homeowners associations could see the largest procedural change. Some associations now include right-of-way trees in private landscaping contracts. If the proposal is adopted, the city would take responsibility for that maintenance, and HOAs and private owners could not prune public right-of-way trees without city authorization.
An association seeking work beyond the city’s safety and clearance standards could ask the city arborist for additional pruning. Those requests would be handled after higher-priority safety work, and the association would pay the cost. The proposal also calls for associations to review their governing documents after a final policy is approved. Powell says it would help HOAs determine what needs to be updated.
Still A Proposal
It’s still under consideration. The Powell Tree Board developed the plan, but it has not yet reached its final form. The city lists feedback from the Tree Board and HOA leaders, along with additional legal review, among the next steps. Only after that work could the policy advance to City Council. Powell has not announced a council hearing or vote date.
Until approval occurs, the standards are proposals rather than new rules. Their direction is clear, however: define who may prune a public tree, make the city responsible for routine right-of-way work, and give every neighborhood the same amount of open space beneath its branches.
