Postcards for the hedge – how’s she cuttin’?

MORE than 130 landowners in the Killaloe Municipal District have been contacted and reminded about their obligations to maintain hedges while the season is open until the end of February.

The figure was revealed at last week’s meeting of the district committee, on foot of a motion from Councillor Pat Burke. The Whitegate member sought an update after raising the issue previously last November.

There was widespread support when Councillor Burke raised the matter and told the meeting that drivers, particularly those in high-sided vehicles, were losing windscreens and wing mirrors on a regular basis. 

In a written response to Councillor Burke, Niamh Madden, Senior Executive Engineer, said many landowners had complied with correspondence from the authority, but that a number of them had not. 

“Between September 2021 and December 2021, one hundred and thirty five letters have been sent by the Killaloe Municipal District to land owners/occupiers outlining their obligations under under S70 of the Roads Act 1993 and requesting that overgrown vegetation be cut where required,” the written response said.

“Where issues persisted and the landowner/occupier failed to act, follow-up letters and/or notices were issued by this office. A number of landowners did revert to the municipal district upon receipt of the letters and informed the office that hedgecutting had been carried out or was scheduled to take place.

“Unfortunately, not all landowners or occupiers who were requested to liaise with the municipal district office did so and despite the best efforts of the municipal district, there remains a number of landowners/occupiers in the area who have failed in their legal and moral obligations to attend to overgrown vegetation and hedges.”

In response to concerns from Councillor Burke that some landowners could be getting off the hook, Ms Madden insisted that this was not the case.

“The end of the hedge-cutting season, under the law, is the end of February,” the Fine Gael member noted. “I would be concerned that landowners are getting off the hook if they have made no response to the Council by now.

“I am satisfied however with the assurance that officials of the municipal district will follow up with them and that they won’t be forgotten about. A lot of good work was done, in fairness, over the winter so it’s good to see that.”

The council’s letter asked owners of land adjoining roads to inspect trees and hedges on their property to ensure that they do not pose a danger to road users. It reminded them that the 

current hedge cutting season opened last September and will continue until February 28.

Landowners and occupiers have a legal obligation under the Roads Act, 1993 to ensure that vegetation on their land does not pose a danger to public health and safety.

Section 70(2) (a) of the Roads Act 1993 provides that: “The owner or occupier of land shall take all reasonable steps to ensure that a tree, shrub, hedge or other vegetation on the land is not a hazard or potential hazard to persons using a public road and that it does not obstruct or interfere with the safe use of a public road or the maintenance of a public road”.

In recent days, the National Parks & Wildlife Service (NPWS) of the Department of Housing, Local Government and Heritage issued a reminder to the public that the “cutting, grubbing, burning or other destruction of vegetation growing in any hedge or ditch” between March 1 and August 31 is prohibited. This is banned under the Wildlife Act (1976).

The NPWS added that suspected breaches are investigated by itself and the Gardaí. Last year, NPWS took 31 section 40 prosecution cases. It said it hopes that fewer will be necessary this year.