Where stories about tree law are discussed, but no legal advice is given.

I have a maple tree that is dying from a fungal infection on my property. The infection is generally transferred from open wounds or roots. Since it is an old growth tree that stands alone it is unlikely to have contracted the infection naturally. The tree is very hearty so the infection has been killing it slowly.

Que a few weeks ago the utility company comes rolling down the road trimming trees. My tree is about 8ft from the lines and is dying so it will not be growing into the lines. I told them I didn’t want it trimmed. They said ok and kept it moving.

A few days later an arborist from the utility company that oversees the trimmers called me. I started recording (nj is a one party consent state). They really want to trim my tree and they are saying they have the right to trim 25ft back from the lines because that is the maximum a maple tree could grow in a four year cycle, which is how often they cut. coincidentally that is about how long this tree has been dying and there is a clear cutout from the previous trim. I asked him for a law on that and he pointed me to a general law that says they have the right to trim trees. My understanding is that the right of way is 25ft off the centerline of the rd, not the utility pole. That part is moot though, because the next bit is the juicy part. For some reason this guy admitted to me that they make no effort to disinfect their saws regardless of how visibly diseased the trees they are cutting may be. I triple checked and made sure there were no uncertain terms. Any arborist would agree this is insane. It’s like a doctor using a dirty bone saw for 100 amputations a day.

If someone were to identify a trend between trees that they trim and disproportionate death due to disease, there could be a massive state wide class action. I’ve been trying to find a firm that can wrap their heads around this, but no one seems to understand the scope of treelaw and have more or less waved me off.

It really pisses me off that all these trees are dying, costing people untold amounts, just so a utility conglomerate can save a few bucks. If anyone in NJ knows how to move forward let me know!

Edit: There seems to be some confusion in the comments. We’re assuming it’s legal for them to trim the tree, even if the law is iffy on how much they can cut.

The issue at hand is if they should be held responsible for diseases caused by negligence.