What Tree Removal Regulations Does Indiana Have?
Understanding Tree Removal Regulations For Indiana.
Understanding tree removal regulations in your area can be an important piece of property upkeep. Dead or dying trees are an obstacle for you when installing fences, pools, or anything else in your yard, but they can also cause damage to your property. If you’re considering tree removal on your Indiana property, get a head start by learning the regulations around tree removal for the state.
Do I Need a Permit?
When it comes to tree removal permits, every state is different. Permits, while intended to promote safety, can create extra steps and stress when trying to remove the tree. While some states require a permit, Indiana does not. However, it’s a good idea to check with county ordinances and your homeowner’s association, too.
Law of Nuisance
To stay within the guidelines set by Indiana law, you have to care for your property. The Indiana Arborist Association Annual Conference of 2013 features the Law of Nuisance, which requires owners to “reasonably use and maintain their property to not interfere with a neighbor’s use and enjoyment of his own property.” A rotting tree overhanging a neighbor’s lawn could reasonably fall within this law, which is why proper lawn care is critical.
Who Owns the Tree?
According to Indiana law, whoever’s property the tree’s trunk is on is responsible for the tree. Even if there is a tree hanging over a neighbor’s lawn, the only person who can legally do anything about the tree is the owner of the trunk’s ground. If the tree provides benefits, like shade, or detriments, like obstruction of view, for a neighbor, the landowner still has total control. However, if a tree trunk is between two owners’ properties, the two owners would have joint custody of the tree. In this situation, any tree trimming or removal would need to be communicated between the two owners. One property owner can’t do anything to the tree without permission from the other. If you share a tree, make sure your co-owner is onboard before removal.
If your tree hangs over a neighbor’s property, that neighbor may trim a tree back to the property line, as long as they don’t trespass in the process. A neighbor can sue for tree-related damages, such as a fallen branch onto his or her property.
Expectations of the Tree Owner
Indiana law expects tree owners to take appropriate steps to maintain their land and inspect any tree that may pose a risk to nearby people or property. Liability within the law is not absolute, and unpredictable accidents can happen. However, simple precautions can save you lots of money and time wasted on courts. Nobody wants to be sued for letting a tree fall. Call Earthworks Outdoor for Tree Removal Questions If you have concerns about a tree and would like it removed, our experts are here to help! Earthworks Outdoor can rid your lawn of that tree in a flash; no permit required. Call today to learn more!