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Legislation addresses property owner liability for fallen trees and arborist inspections

March 04, 2025 | House Bills, Introduced Bills, 2025 Bills, Connecticut Legislation Bills, Connecticut


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Legislation addresses property owner liability for fallen trees and arborist inspections
On March 4, 2025, the Connecticut State Legislature introduced House Bill 7138, a legislative proposal aimed at addressing liability concerns related to fallen trees and tree limbs on private property. This bill seeks to clarify the responsibilities of property owners regarding the maintenance of trees that may pose a risk to neighboring properties, particularly in light of increasing urban development and the associated risks of property damage.

The primary provisions of House Bill 7138 establish a framework for property owners to notify their neighbors about potentially hazardous trees. Under the bill, property owners are required to engage an arborist to assess the condition of a tree or limb that may be diseased, decayed, or damaged. If an arborist determines that a tree poses a risk of falling within five years, the property owner must take appropriate action, such as pruning or removal, within 90 days of receiving written notice. Notably, the bill stipulates that property owners are not obligated to grant access to their property for inspections, which could complicate enforcement.

One of the bill's significant features is the provision that protects certain property owners from liability for expenses incurred when a tree or limb falls. Specifically, individuals aged 64 or older with a median income below the threshold set by the U.S. Department of Housing and Urban Development would not be held financially responsible for the removal of fallen trees or limbs. This aspect of the bill aims to alleviate the financial burden on vulnerable populations, particularly seniors living on fixed incomes.

The introduction of House Bill 7138 has sparked debates among lawmakers and stakeholders. Proponents argue that the bill provides necessary protections for property owners while encouraging responsible tree maintenance. Critics, however, express concerns that the bill may create loopholes that could lead to disputes between neighbors over liability and maintenance responsibilities. Additionally, some environmental advocates worry that the bill could inadvertently discourage property owners from maintaining healthy trees, which play a crucial role in urban ecosystems.

The implications of House Bill 7138 extend beyond individual property owners. As urban areas continue to grow, the management of trees and green spaces becomes increasingly important for community safety and environmental health. Experts suggest that clear guidelines and responsibilities can help mitigate risks associated with falling trees while promoting better urban forestry practices.

As the legislative process unfolds, stakeholders will be closely monitoring amendments and discussions surrounding the bill. The outcome of House Bill 7138 could set a precedent for how municipalities in Connecticut—and potentially beyond—address tree liability issues in the future. With the potential for significant social and economic impacts, the bill's progress will be a focal point for both property owners and environmental advocates alike.

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