Who is responsible for addressing the potential hazard of dead trees falling onto roadways?
Dead or dying trees, which have been attacked by bark beetles, can fall onto the roadway or shoulders, either striking vehicles directly or placing an obstacle on the travel way. The hazard from such trees is worst during windstorms, heavy rain, and snow events, but dead or dying trees can fall at any time. Public road authorities have the responsibility to remove trees and other vegetation that present a hazard to motorists. Public roads are defined as roads under the jurisdiction of and maintained by a pubic authority and open to public travel (23 U.S.C. 101). Public road authorities are those federal, state, county, town or township, Indian tribe, municipal or other local government or instrumentality thereof, with authority to finance, build, operate or maintain highway facilities (23 CFR 460.2(b)). An important maintenance objective of public road authorities is to provide safe highway travel to protect human lives and property.
