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Select Board debates who is responsible for trees that overhang town roads

Brookfield Select Board · July 22, 2026
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Residents asked whether property owners or the town must trim limbs that overhang roads. Board members said unclear deeded rights complicate uniform enforcement and suggested a case‑by‑case approach or setting a maintenance distance policy.

A resident raised concerns about large limbs from a yard tree hanging over the roadway; the Select Board discussed whether the town or private property owners should be responsible for trimming and maintenance.

Board members noted many town roads are not deeded with clear boundaries, so the line between private yard and public right‑of‑way is often unclear. One member cited a state minimum setback of 33 feet (16.5 feet from the center of the road) as a reference point for determining limits, and the chair said the town tends to assume a property owner responsibility when a tree is clearly in the yard. "If it's clearly in their yard, I would assume it's on them to have to try to take care of it," a board member said. The board discussed setting a specific distance standard or continuing to handle cases as they arise.

Members also discussed liability if a branch falls into the road: the board said the town will clear hazards once notified and referenced a practice of addressing road hazards promptly (a three‑day expectation for removing hazards after notice was mentioned). No ordinance change was adopted; the board directed staff to consider options for a formal maintenance policy and to bring recommendations back for a future meeting.