Texas Law on Trees Overhanging in the Road

Areas of Concern

• The three areas in which overhanging tree branches and other shrubbery can create public hazards are the parkway, the corner lot and your front yard, according to the City of Lubbock, Texas. The parkway is the area between the street and the sidewalk. Corner lot trees and shrubbery cannot obscure the visibility triangle. This triangle is measured from the curb at the corner and back along each of the intersecting streets. No plant material should interfere with the passage of pedestrians or vehicles, either along the sidewalk or the roadway.

Tree Planting and Spacing

• Trees shouldn't be within 25 feet of any street corner, mandates Colleyville, Texas, and they shouldn't be closer than 10 feet to any fire hydrant. A 10-foot space is required between tall trees and the crossing of overhead utility lines or underground utility lines in this city. A list of the small trees that can be planted in these areas is listed on the Colleyville website (see References).

Tree Trimming

• Overhanging tree branches and other plant material can be considered a public nuisance. In Missouri City, Texas, homeowners must be sure that foliage doesn't block views of street signs or streetlight illumination. It's the homeowner's responsibility to ensure that overhanging tree branches aren't lower than 13 feet over the roadway or lower than 8 feet over the sidewalk in Missouri City.

  Plano, Texas, ordinances rule that homeowners must trim bushes along sidewalks flush with the pavement and trim tree branches and bushes on their property 1 foot back from concrete surfaces. In Colleyville, homeowners must trim overhanging tree branches so that they don't hang lower than 7 feet over the road.

Responsibility

• Texas cities generally give 10-day notices to homeowners for such code violations and will take on the expense if no action is taken. Colleyville trims foliage on private property if it interferes with driver or pedestrian visibility. The city also reserves the right to remove trees and other plant material to ensure public safety and the function of gas, water, power and sewer lines. The city will also remove any trees or foliage infected with threatening fungus or insects. Texas laws allow cities to bill a notified and neglectful homeowner for the expense of such work.