County postpones vegetation‑clearance policy after debate over trees, exemptions and process

Richland County supervisors voted to postpone action on a proposed vegetation clearance policy and send the item back to committee after a lengthy discussion about right‑of‑way authority, tree removal, and whether a county official should have authority to grant special exemptions.

Highway Commissioner Josh Elder presented the draft policy, which adopts Wisconsin state statute language for highway right‑of‑way maintenance (described in the meeting as the 33‑foot maintenance area from the centerline). Elder said the policy is intended to make the county’s existing practice clear to landowners and to provide a single county policy rather than scattered guidance.

During discussion supervisors raised concerns about whether trees within or overhanging the right‑of‑way could be removed under the policy and whether trimming could cause tree disease. County counsel said liability would be fact‑specific but generally that highway workers acting within their statutory authority would have limited county liability; a removal “vindictively” beyond authority could raise liability concerns.

Amendment and postponement

Supervisor Murphy Lopez proposed an amendment adding a provision to allow landowners with dwellings to contact the highway commissioner for special exemptions; the proposed language would require the commissioner to consider highway safety and allow accommodations when possible while leaving landowners responsible for maintenance within the right‑of‑way. Several supervisors objected to vesting sole discretion in a single commissioner and suggested referring any special accommodation to a committee or requiring other review. County counsel warned that delegating decisions to non‑expert committee members could increase liability if they overrode a commissioner’s safety recommendation.

After debate a motion to postpone the entire policy and send it back to committee carried on a roll call 12‑5. Several supervisors said they supported the policy in principle but wanted additional committee review and clearer procedures for accommodations before the board adopted it.

What to expect next

With the motion to postpone passed, the policy will return to the Public Works and Public Safety committees (per discussion) for further refinement including consideration of the proposed exemption language, timing of mowing to avoid spreading invasive seed like wild parsnip, and possible multi‑person review processes for special accommodations.