Taking wood from the side of roads?

JohnV2000

Member
Sometimes I see people with trucks taking wood from the side of roads or cutting up dead trees along roads and taking the woods. Is this practice legal or allowed? I burn a lot of firewood so it would be nice to be able to do this. Just wondering if this is allowed and also if anyone else does it.
 
Someone owns the land so permission would be needed I think. I wouldn't just stop and cut wood without asking.
 
Maybe try posting an online ad where you?ll remove nuisance
firewood worthy limbs and trees for free. You might be
surprised how many calls you?d get. Might have to be a little
creative with the wording
 
When a tree falls across the road, county comes
along and cuts the tree and pushes it off the road.
Sometimes the power company will come along and cut
the trees down and leave wood. Usually they have
permission. They only chip up the branches and
leaves owner the logs even if the owner doesn't want
the logs.

I don't burn wood. I know a man a few miles away who
has a wood boiler. He will take my wood. I'll load
the logs on his dump truck. He's happy to get my
wood and I'm happy to get rid of it.
 
Around here the power/phone/highway crews are known locally, they are not allowed to take the wood during chipping...however after hours it a free for all if someone else not an employee or " retired" person has gotten to it first:):)
That being said anyone who is stopped and picking up this wood is also responsible for any traffic control/warnings, injuries, etc. if things go bad....
This leads us into the landowner so to speak does not actually own the land as it is in the "right of way" of the group having it cut. So a smart landowner who has been paying taxes on property next to the highway, can have their land tax reduced, due to the right of way restriction, of using a said area of the property.
Keep your sticks on the ice.
 
This sounds like a great question for your township or county. Maybe there are restriction or guidelines regarding traffic and/or shoulder maintenance.

In WI the landowner owns the land up to he centerline of the road so technically he owns the wood in my mind. He certainly paid taxes on it. So I agree with the gentleman below, I would also ask the land owner.

Last summer the power utility cleaned up 20' on either side of the power line. They came and asked me how I wanted the wood left and if I wanted the remaining brush sprayed.


Paul
 
in WI land owner has first choice .Know for a fact cut a lot of road side trees for the town owner first only he or she can sell or give away
 
Maybe I should have specified that I meant along public land. I would never take logs off of someones property, but there is a lot of borough owned land near me and there are lots of trees laying just off the side of the road.
 

Last year the utility that transmits my electricity had a tree service cut back along the road by my property as well as through the wooded area behind my neighbor's place. They chipped the smaller stuff, and stacked the larger stuff by the road for a truck with a grapple to pick up. THERE WAS NO FREE FOR ALL !!!!!! They asked me first if I wanted the wood that was large enough to be processed into firewood. As any intelligent person would expect every tiny toothpick of this wood belongs to someone, and a wise person would get permission before stopping to pick it up. When our town road crew cuts fallen or leaning wood they leave it stacked by the road, partly because it would take a survey to determine who actually owns that particular tree. Contrary to general belief, the pavement edge or stonewalls do not delineate roadside boundaries. Stonewalls are often on the boundary, but over the many years since being built they have often moved or they were simply built along the road in much more modern times without any intention of being on the actual boundary.
 
I would think you better check with state and local officials, as I doubt there is a universal polity.
 
Depends on jurisdictions. For example, in South Dakota trees in the Township right of way are the adjacent land owners responsibility
 
In my state: Landowner owns the wood/trees Municipal/utilities may cut within the road/line right of way. Pending any pre agreements on ROA they can chip, remove, or not do any thing, ie chop and drop (but this is rare.) If land is not posted or land owner does not object people do gather the wood. If there is an objection the gather can be fined (does happen). State and other owned land big issue gather gets fined!!! Now there are exceptions like towns/state can remove a tree if it is say blocking a ditch and land owner may not get it. Also it is against state law to cut trees on another landowner with out permission and paperwork must be done if it is a commercial harvest ie selling firewood. Liability insurance and traffic issues come into play also. NOW THE BEST THING IS TO LOOK INTO YOUR LOCAL LAWS AND GET LAND OWNER PERMISSION.
 
Where I live, there is road right of ways for so many feet from center of road. This varies for township, county,
or state roadways. A land owner can be asked, or the appropriate people in charge of the right of ways. For
instance, the township pretty much has the right to do what they want within the right of way. This would include
keeping it free of trees. Laws on this could vary from county to county, or state to state. Just to keep things
legit for yourself, I would make sure that you got permission from the land owner. You could pretty much consider
having your bases covered if you do that.

I do know of a guy that asked the township where I live, if he could cut trees within right of ways. He was
granted permission with the stipulation that he had to clear cut, no selective cutting. Since he had township
approval, he was able to cut without land owner permission. This may not be allowed to happen in another locality
due to varience in laws.
 
Public land is more than likely overseen by somebody, even though it is owned by the public. Wether it be state
parks and recreation, national parks, county, or township, or what ever. The official that's in place to oversee
the public owned land your talking about should grant you permission before you do anything that would or may
otherwise be forbidden.
 
In Virginia there are two ways rural roads can be set up.Some have a 50ft Right of Way (ROW) where the state owns the 50ft feet and anything cut there belongs to the state on other roads its a
35ft ROW and the landowner on each side owns to the center of the road and anything like wood belongs to the landowner.35ft isn't much 17 1/2 ft from the center which means very little off the pavement.Last year when the state had a company cutting the ROW they asked me to sign a permission request to cut trees father back off the ROW and they chipped what trees and limbs I
didn't want and laid the trees back on my land off the ROW the ones I wanted to keep.
 
id say no, not without written and signed permission of whoever owns the property private or public,
 
Having worked and lived in Pa. all my life, never was permitted to remove wood with exception of brush or chips off of roadsides, powerlines or pipelines without specific permission from a property owner. Wood that was unreachable by owner would have to be moved for their accessibility if they so desired it. I can't quote the laws but know they exist. Was contracted to PennDOT, ExxonMobil, Williams and several others. They were very adamant about the rules and would release anyone that didn't comply. Most roads were only Right of Ways and remained the property of the person that it crossed.
Although some get away with helping themselves, I've seen people arrested for trespass and fined for the value of the taken wood.
Sadly have seen a great deal of wood rot by the side of roads for years while many people could have benefited.
If anyone is in doubt why not knock on their door and extend the courtesy of asking politely and most times it may not be a problem. Your borough may have a program for less fortunate that may already have plans for it. Please don't just help yourself.
We currently burn about 2 triaxle loads of wood a year and would take great exception to anyone that were to take fire wood from our road frontages. Some municipalities even reserve the right to charge the owners for removal of danger trees that may or may not be within their ROW.
 
X2 for our area of Ohio - all properties we know of are to road centerline and ownership extends to that line. Original poster mentions he sees cutting going on. If it isn?t power/gas/government cutting (or contractors hired by them) it could be illegal cutting, esp. if trucks are unmarked/older. Recently been streetside tree thefts in local city, by rogue cutters. Neighbors don?t notice anything because tree co trucks are common, so cut load & go and have clean getaway, leave all the scrub wood behind.
 
Talk to your utility company and your township. You might be able to give them your name and they'll contact you if they have someplace that needs to be cleaned up. I talked with the guys who chip power line routes, and they dumped three loads of chips here for free. You're not looking for chips, but they might also have an in for log length firewood. You're gonna get EVERYTHING, though. Boxelder, hickory, aspen, oak, basswood, ash, birch. Don't complain, or you'll never hear from them again.

Also, be careful with craigslist ads. I've seen some "free wood" ads where they want you to cut it between two houses with a powerline in front and a garage behind it. The owner posted the ad right after they had an arborist give them a $1500 estimate to remove the tree.

If you were closer, I'd let you cut here. I have 100 acres of woods with a lot of fallen trees. I burn 12 cord a year, so I'll never get it cleaned up.
 
In my part of Texas. We welcome people taking the wood. We have so many trees falling and blocking the roads. That some carry chain
saws in the truck. Cut the trees up take the wood or leave it for a person that needs it.
 
If in doubt of ownership it may be worth going to your county court house and finding the tax map for that property. It should clearly indicate the current ownership. Like 3000OH stated if the property is privately owned it will extend to the center of the road.
Otherwise a corridor will be shown that indicates state or other municipality ownership. Either way you would still need permission. Exercise some caution when someone grants permission that you are sure of their boundaries. They don't always remember correctly. You can very innocently cost yourself a lot.
 
Laws vary by state but, in most states, probably not.

Generally, the land is owned by the property owner(s).

The public owns a travel easement, allowing travel on the maintained road and emergency (only) stopping on the berms. The public has no other rights to the property. The state owns a maintenance easement only.

Such common law may well have been codified in some/most states. If your state has codified relevant law, you will need to reference such code to determine.

Dean
 
(quoted from post at 10:23:15 01/18/19) Laws vary by state but, in most states, probably not.

Generally, the land is owned by the property owner(s).

The public owns a travel easement, allowing travel on the maintained road and emergency (only) stopping on the berms. The public has no other rights to the property. The state owns a maintenance easement only.

Such common law may well have been codified in some/most states. If your state has codified relevant law, you will need to reference such code to determine.

Dean
I had to look that up, Thanks Dean I have learned something today. It also makes sense.
In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law. Codification is the defining feature of civil law jurisdictions.
Reference: en.wikipedia.org/wiki/Codification_(law)
 
Years ago I talked to the owner of a local tree removal company.

He would often get jobs to take down a tree or trees where the owner did not want or need the wood.

He would call me up when they had a job like this and give me an address and time to be there.

When I would arrive the tree would already be on the ground and bucked to burnable size, back a truck or trailer in and they would even help me load it.

He saved money, I got lots of free wood, win win.
 
Here in Central Ohio when the State cuts back down trees they cord it up and leave it in a pile for any one to get,,it saves them from grinding or hauling it away..But I am sure that the Liability of it will leave the door open for some one to stir up a ruckus over it some day..
 
John V I stole this from White Halftrack's Post. Once you get some ground to cut on just stick it behind the H and fill her up.
mvphoto30032.jpg
 
Here in eastern Nebraska, the county is responsible for removing trees from the right of way, which extends to the far side of the road ditch.

The county crews cut up the trees and either haul them off or shred the smaller branches. Sometimes if something is choice for firewood they'll cut it up and let it lay for people to pick up.

Sometimes land owners get upset with the county coming in and cutting up trees in the road ditch, but many times it's a safety issue if trees are blocking visibility, particularly at intersections.
 
I think the suggestion about talking to the local electric utility was a very good one, they are going to know the rules.
 
I think it is like picking up aluminum cans along the road. The cans are not yours, but you are doing the public a favor by removing by removing the cans. It's like the wood if they didn't want it removed they would post a sign. If you see tree companies cutting the wood you may stop and inquire about it. Another source for wood is contacting a tree company sometimes they have piles of wood they would like to get rid of. Around here it costs a lot to dump anything. We don't have a dump we have a transfer station. The trash is hauled to another sight after it is dumped. Stan
 
If it is along public roads, not power right of ways. Just go to your local
municipal office. Bet ya 99% there should be no problem. Here in SJ very seldom
do you see wood laying, they have a bunch of very big chippers. If the wood is
laying on private property then go ask. The road has a certain distance from
the crown of the road to the side like maybe 20 feet. Here in SJ the parkway
was widened several years ago. They chipped. EVERYTHING. Even the two area
newspapers were running articals about how people were not allowed to take any.
They were even chipping saw logs. Had a couple of those huge trailer units that
go behind a tractor trailer and get set up. Wouldn't it be nice if people, no
idiots in government had some common sense? Enough on this subject. P.S. find
out who does the local tree trimming. They might let you take wood as they trim
trees but they get paid by the truck load of chips so maybe iffy.
 
Dean pretty much same for utilites and other things. It does not give the public right to use it. Al be it some people think so!!!
 
My understanding is a road is available for public transportation only. Deeds describe private property from the center of a county road. If you are cutting trees or gathering wood on private property of a road right of way, technically, you are taking stuff that does not belong to you. A utility such as REMC can utilize public road ditches off of the driving surface for their poles/wires without landowner permission as I understand. This is IND.
 
Every year for Christmas, we cut our
daughter and sil small eastern red cedar
trees from road ditches. This year they
wanted 3. They really enjoy decorating
them. Not sure the legality but it saves
the county some herbicides. The county
makes a feeble attempt at spraying trees
in the road ditches each year
 
In Minnesota the state highways the state owns the right of way and they control what happens on the land. They are on the process of outlawing cutting hay on them,
unless you have a huge bond, insurance, wear vests, have flashing lights, and the land owner touching the right of way has first option.

County and township roads nearly all are easements the county and the utility company can place their road and lines in, but the land owner still owns the land and
vegetation.

In either case you would be trespassing and stealing without getting the ok from the state or the land owner.

Paul
 

Here in the Northeast there are many roads that are King's Grant Rights of way. They show on the old maps. Some never had roads put on them and the land went to the abutters. On most of them though, the roads which were originally ox cart paths wandered around wet areas, ledge areas, and boulders etc. On many town roads here in my town you can see the old stonewalls running straight as can be with the road meandering from side to side. Obviously "feet from centerline" or feet from center of crown does not apply on this type of road. The town road agent was planning major work on a road when I was a member of the town's Select Board. He elected to get the road frontage surveyed in order to see exactly what lines he had to stay within. We expected fairly straight lines. WRONG!! The frontage ran like saw teeth, when side bounds were measured from the back corners to the front. The frontage ran nowhere near a set measure from the road center line.
 
Be very careful. Years ago one county over the township worker was trimming some trees on their right of way and the land owner came out and shot him. Killed him. The trees were
hanging over ditch. Don't remember if they were actually growing in ditch or on land owners and hanging over.
 
Dean really different here in Tennessee , three levels of government, State, County and Town. IN all case the roads and right of way are true property of the State, County or Town. Actual dimensions and property lines of those roads are recorded just like any other piece of property. Most times the utilities, like power, phone and gas will stay on the road right of way but sometimes they get and easement to locate on private property.
 
Really can't remember. This was 35-40 years ago. Think he was found guilty of murder to some degree. Maybe you can find it on internet. It was LeSeuer County Mn.
 
I would like to see what Ross Boots has to say about this. He does this almost every day for the county he works for. He did say that a lot of the roadside wood contains a lot of dirt, stones and sometimes steel, hard on chain saws.
 
Hello JohnV2000,

NO, not for the taking!
Someone here does it for the road department. They go back
and chip it all. He is not allowed to take it,

Guido.
 
Bingo, Jocco.

Good luck trying to get local law enforcement to help with trespassing issues. More than likely, such local locals will know less about the law than do you. Moreover they will lie in order to protect their ignorance.

If you endeavor to protect your rights, and you elect to get ignorant law enforcement involved, you will need multiple witnesses and/or multiple electronic sources of evidence, without which, you will find your self the defendant rather than the plaintiff. Law enforcement does indeed protect itself above and beyond all other ends.

Sorry, folks, but I'm not much of a fan of law enforcement, all of which is corrupt to one degree or another.

This is ONE of the reasons that I decided to spend $300K out of pocket to go to law school, take it very seriously (nobody does), and learn the law, which almost no one does.

Dean
 
There are some cities up here where you cannot cut a tree down on your own property over a certain diameter without getting the OK from the
local authorities. This is in an urban setting, not rural. Some neighborhoods feel that doing this could mess up the aesthetic value of the
whole area. Big thing nowadays is "infill housing" where a guy (usually a developer) buys an older home in an older neighborhood, levels the
old house and cuts down all the trees. Then builds one gigantic mansion on the property which dwarfs everything else around it, or lately he
might build two "skinny houses" on the one lot and make a pile of money on at least one, maybe both, or live in one.
 
If you're near any fair-to-middlin' sized towns, you might inquire with the County Road Commission Office. I know years ago Coldwater, MI had a big
lot in town where they took everything they cut down in the township; anyone living in the township could go there and get whatever they wanted for
firewood. Been years since I worked up thataway, don't know if it's still like that or not.
 
The problem is more about liability than who owns the wood. In Pennsylvania if anyone is working within the road right of way they need to have a work zone set up. If your activities along a road right of way would cause a accident you could very well be held responsible for causing a accident. I know people do it all the time but there is always that one time when $$it happens.
 
In Europe they harvest the grass along the roads. I've even seen them spreading cow manure on the grass along the roads to make it grow.
 
Hey, some of you guys need to ease up on
the OP. He's a young man that was just
asking a question, how is he supposed to
know the answer without someone telling
him which way to look?
Anyway...
It probably depends on where you're at.
In MI, we have a legal 66' right of way,
33' each side of the road from the
center. Also in MI, the land owner does
pay taxes on that right of way, where a
lot of states the landowner doesn't pay
taxes on the ROW. It's still a legal
right of way for us and we can do as we
please with it, but that's not how we
usually do it in the county I work in,
unless it's a danger to the public (that
we are always liable for). Let me put it
to you this way, I don't have to tell
people what I'm doing, but it sure helps
public relations for myself in the
future. My assigned territory has 49
miles of gravel roads and 24 miles of
paved roads, in a mostly heavily wooded
area with lots of state owned public
hunting land as well. I see the same
people (residents) almost every day I am
out and about, except on days I team up
with a cutting a crew in one of their
territories instead of mine. Some people
are real nice, some are not so nice. I've
been threatened before by people vowing
to protect their property with force if I
try to cut something on it. If it's
dangerous, and you ask them to then sign
a document stating that they will then be
legally responsible for any incidents or
accidents that may become of their
refusal to have their tree, bush,
whatever, trimmed or removed, they'll
usually let you cut it. Or if not, a
sheriff will come along while it is being
removed. That's a VERY rare case though
and rarely ever gets to that point. Being
honest with a landowner, getting to know
them, and then stopping and letting them
know what your plan is before you start
goes a long ways. You have to get them to
trust you, and take your word that you're
not just gonna go in a destroy
everything. If there's a real nice
hardwood tree along the boundary of the
right of way, I'll trim it instead of
cutting it. Better to have 1 big tree
instead of 1000 small ones. Also, if you
do a neat job cutting, and trimming the
limbs from trees without smashing
everything under it and tearing the bark
down the trunk, people are less likely to
complain, and more likely to not be upset
when you want to cut on their frontage
after they've seen where you've done a
neat and tidy job somewhere else. I
always explain to them that they own the
wood once it's down, but we will chip
anything we can manually carry and put
into our chipper, so usually whole trees
8" and under go through the chipper,
while the others get all the limbs and
tops run through the chipper while the
trunks are blocked up into 22-30" pieces.
Many times people that you never think
will want you cutting in front of their
place are more than glad to have it cut
back and cleaned up. The land owner can
cut the trees off the right of way on his
property if he wants to, we don't care
about that, but many usually won't, they
are terrified of dropping a tree onto a
road and not having it out of the road
before a car comes, or dropping one on a
car. One of the larger power companies
around here only cuts trees away from the
major power lines, so the smaller
residential lines get neglected. Makes it
tough for us since we have no way to cut
something that is hanging over the road
over a line. If it's dangerous enough, we
have to hire it done to get it away from
the road and the line. Many people along
the roads will tell us that either they
will take the wood we leave, or that, no,
they don't want it and hopefully someone
will pick it up. Just have to make sure
the property owner knows exactly what
your plans are, that way everyone stays
happy. That's where you come in if it's
along private land. Stop and ask, you'd
be surprised at the number of people that
don't want the wood along their frontage.
And, on the state or public land, here in
Michigan, you can buy a firewood permit
from the state to remove firewood from
state owned land. You can even cut
firewood on state land with the permit,
and I forget all the exact details, but
it must be dead trees, along or within
walking distance of a road, or defined
accepted orv trail, or 2 track. No making
your own trails with your vehicle to get
it. If I recall, it was around $20 or $25
to get the permit for the area you were
going to be cutting in, and that permit
was good for 15 cord of firewood, not
facecord. We have had people ask us where
we've been cutting previously, and I'll
tell them, but I always tell them to ask
the landowner. Whether they do or not, I
don't know, but I doubt it. I like to see
the wood picked up so I don't have to mow
around it when mowing roadsides/right of
ways, but I'm not in law enforcement. I
can't tell someone that they can have the
wood, and I can't tell them they can't
have the wood, that's for the landowner
to decide. If you leave 4 or 6' pieces,
the wood will lay for sure, it'll never
be picked up. If you cut half the tree
into the 24" pieces, they'll pick all of
that up, but always leave the longer
pieces. Sometimes we conduct small social
experiments like that, just to see the
results. It's interesting to see what
some people will and won't do. A few
years back, the gov't increased amounts
for home heating credit benefits that
people on assistance receive, and the
amount of wood that we see picked up
since then has dropped dramatically.
Coincidence or not, I don't know, just
another something that you notice. So now
we pile the wood at the back of the right
of way, unless the landowner has
specifically told us that someone will be
picking the wood up. JohnLobb is right
though, roadside wood has a lot of trash
in it. Especially in an area where it
snows and on a gravel road. Every time we
go by plowing, we a blasting sand and
stones all over those trees, sometimes 15
feet high. Lots of old fencing, stones,
screw in there steps, nails from no
trespassing signs, wire insulators, and
nails from survey markers as well. All
sorts of junk in some of them, but
sometimes you'll cut a half mile of trees
before hitting something other than
stones, of which you hit constantly. I
guess to sum it up JohnV, if there is
private land, just ask, if it is public
land, see what the rules are in your
state, I'll bet most states have some
sort of firewood permit for public land,
just have to ask the DNR or whoever the
land is oversawn by what their policy is.

Good luck

Ross
 
Just like anything else, unless there is a sign on it that says "FREE", ask before taking anything from someone else's property (public or private).
 
Town cleared trees and vegetation back on the road along our place with the horses. I went out with the small tractor and forks, loaded the wood from the side of the road onto the forks and in 2 hours had enough to fill a shed that holds 2+ cord, maybe 3.

All of it by hand, 5'-6' lengths, some heavier than others. Hard work. Very little traffic on this road and this section is a long straight away. Another fellow down the road did the same thing with a pick up truck, all hard work by hand, then had to unload it all.

This is a risky practice with all kinds of things to think about, property owners, who owns the road, safety being the number one priority, I'd have to say in many situations, it's not worth it. Kind of a shame sometimes that it goes to waste, but often times, not worth the risks. Had you a big truck with a grapple, safety equipment, permissions from everyone, insurance, well maybe, but that is a big ole maybe.
 
Town cleared trees and vegetation back on the road along our place with the horses. I went out with the small tractor and forks, loaded the wood from the side of the road onto the forks and in 2 hours had enough to fill a shed that holds 2+ cord, maybe 3.

All of it by hand, 5'-6' lengths, some heavier than others. Hard work. Very little traffic on this road and this section is a long straight away. Another fellow down the road did the same thing with a pick up truck, all hard work by hand, then had to unload it all.

This is a risky practice with all kinds of things to think about, property owners, who owns the road, safety being the number one priority, I'd have to say in many situations, it's not worth it. Kind of a shame sometimes that it goes to waste, but often times, not worth the risks. Had you a big truck with a grapple, safety equipment, permissions from everyone, insurance, well maybe, but that is a big ole maybe.
 
Just ran across this article written in 2012 lot's of relevance.
http://articles.mcall.com/2012-03-19/news/mc-wood-roadside-theft-rw-20120319_1_wood-penndot-right-of-way-trees-on-private-property
 

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