Frequently Asked Questions

Removal of diseased elm trees slows the spread of Dutch elm disease. The disease is spread by beetles which are able to fly for miles, making the disease a region-wide problem.

Logs and brush are ground every three weeks during the Dutch elm disease season. Brush is hauled away for disposal. Logs are used for landscape mulch. Grinding elm trees into small pieces makes the wood uninhabitable for elm beetles.

The city will re-inspect your trees 20 calendar days after notice is sent by mail. If additional trees are show signs of disease, they will be marked for removal and you will be further notified.

If you believe the trees are on a neighboring property, please locate and flag your survey markers and let us know. The city will use landscape cues and plat books when the corners are not identified. The city cannot be responsible for surveying all properties.

Yes, you may keep wood from structurally unsound trees.

If the tree is within the public right-of-way, trimming will include:

• Lifting branches for road safety;
• Removal of parallel, crossing, dead and broken branches; and 
• Thinning out branches to allow sunlight and air flow through the crown of the tree.

If the tree is not within the right-of-way, but extends into the street, trimming will be limited to lifting branches for road safety.

No, the responsibility of trimming for clearance rests with your utility company. They usually subcontract the required work to a qualified tree care company.

There are two common situations that involve utility companies are:

1. Pole to Pole – For poles located along property lines and involving more than one residence, utilities prefer to trim by removing as much of the tree as necessary to prevent damage to lines and avoid power arching.
2. Pole to House – For lines from the service pole to your house, the utility often disconnects the service lines to allow you and/or your contractor to safely remove troublesome branches.

Generally, a tree planted on the boundary line between two lots or a tree whose branches, trunk or roots have crossed a boundary.

Here are the dos and don’ts of legally abating the nuisance.

• Prune overhanging branches up to the boundary line at your own expense. Property owners have the right to use self-help to prune branches or roots of a neighbor’s tree that encroaches onto their property.
• Prune, but don’t harm or destroy the tree. Don’t remove too much of the canopy, so as to jeopardize the tree’s capacity to photosynthesize. Don’t cut so many of the roots that the tree may become unstable. Don’t prune oaks during the high-risk period of April to July. If you don’t know what may harm a tree, consult a tree expert before cutting.
• Do not trespass onto your neighbor’s property to trim a tree or shrub. Technically, that means don’t lean over the property line to make the pruning cut, without your neighbor’s consent.
• Do not cut down a tree whose trunk is on the boundary line without the consent of the adjoining property owner. Minnesota law provides for an assessment of treble (three times) damages awarded in court for intentionally cutting down a tree without the owner’s permission.

Typically, tree owners are legally responsible for damage caused by their unsound trees. The test is whether the tree owner knew or should have known that damage was likely. A tree owner is not expected to be a tree expert, but he/she is expected to recognize obvious symptoms of a problem, such as visible decay, stem cracks, a dead limb and a trunk with a dangerous lean.

To qualify as an "act of God", all of the following elements are needed.

1. The accident must have happened from a force of nature that was both unexpected and unforeseeable.
2. The force must have been the sole cause of the accident.
3. The accident could not have been prevented by using reasonable care.

Talk to the tree owner. Tell him/her about the problem and ask for it to be fixed. By putting the owner on notice, the owner can’t claim ignorance when the tree fails. If the owner refuses to correct the perceived hazard, contact the Forestry Division for an independent assessment.

Talk to the property owner, tell the owner about the problem and ask for him/her to fix it. By putting the property owner on notice, he/she can’t claim ignorance if an accident does occur. If the owner refuses to correct the hazard, contact the Forestry Division for an independent assessment.

The city will inspect the intersection and corresponding sight triangle (30 feet). If there are sight obstructions within the triangle, the property owner will be notified and requested to correct the situation.

A survey is the sure way to know where a boundary line is, assuming that you can locate the survey markers.

No. The courts have basically said, "leaves happen." Healthy trees drop debris, like acorns, sap, leaves and twigs.

Minnesota Statutes define a nuisance as: “Anything which is an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property is a nuisance.” Branches that rub against the neighbor’s roof, tree roots that push up a sidewalk or a tree whose trunk is on your neighbor’s property but leans far into your yard and prevents your use of a corner of your lot can be defined as a nuisance.

Generally, the location of the trunk determines who owns the tree. A tree trunk that stands solely in your yard is your tree.

Before neighborhood trimming, you will be notified by a door hanger. Please contact the Forestry Division so that special arrangements can be made in advance.