Taking wood from along the road, legal?

  • Active since 1995, Hearth.com is THE place on the internet for free information and advice about wood stoves, pellet stoves and other energy saving equipment.

    We strive to provide opinions, articles, discussions and history related to Hearth Products and in a more general sense, energy issues.

    We promote the EFFICIENT, RESPONSIBLE, CLEAN and SAFE use of all fuels, whether renewable or fossil.
Status
Not open for further replies.

Cornflakes

Burning Hunk
Sep 19, 2014
203
Maryland
Just curious as to prevent any legal issues...

Is wood laying along the road fair game? The county, or maybe a power company, left some walnut along the road back a country road near my moms. Needless to say I acted on my first impulse "free wood!!".... And proceeded to fill the back of my rav4 to the brim (seats down, the whole nine) .... It dawned on me later that what I did may not have been right.

Any insights from you veterans?
 
The answer is it depends. Some states/counties have different rules. Out where I am most technically don't let you but assuming you are pulled all the way off a main road (assuming highway or route and not a side street) and not endangering traffic they usually don't care.
 
Well, I always try to call the local "county assessment office" and tell them the whereabouts of it, that way I can contact the owner and get the okay to take it. I have this "thing" about just taking any wood laying around, assuming that it is free-bad karma thing, you know? I'd rather be given the green light and be sure.

Just drove by some wood yesterday that I saw over a year ago and it's still laying there; had stopped in at a neighboring office to track the owners down, never got a real straight answer so I let it sit. And it's still there, so I could've taken it no problems, but since I didn't get a green light I let it sit. I feel it's always better to ask first.....
 
  • Like
Reactions: Fred Wright
Depends.

Always had the belief that I would rather miss out on a scrounge and rue the fact . . . then to steal wood from somebody that was planning on picking it up off their property and they just had not been out to get it yet. As mentioned . . . it's always better to ask . . . worse they can say is "No."

Well, maybe they might turn out to be homicidal serial killers and you asking them might make you their next victim . . . so maybe the worse thing they can say is "No" is not entirely correct . . . ;) :)
 
I generally will pick up wood that is on the roadside through public land, water company property (it is common for public water companies to own watersheds around reservoirs here in PA), utility company land, etc. I don't pick it up from roadsides through private land without asking. Is this strictly legal? I don't know, but I don't lose any sleep over it.
 
  • Like
Reactions: Scols
If it is private land...and you dont ask the owner... It is extremely rude and stealing.

Doesn't stop people from doing it anyway. I have asked a number of people before and been politely declined usually, and rudely declined occaisonnally. And sometime they say have at it.
 
In my town, if it's on the side of a public road it's fair game but I always ask the closest property owner first.
The town has no problem with me cutting up wood on a dangerous and busy street, but once they cart it back to the landfill (in a nice open field) I'm not allowed to cut it up due to liability concerns.

Go figure :confused:
 
Drive up the driveway and ask, it's not that hard. I've even gotten extra wood by doing just that. They'll say I've got a couple more back here if you're interested. To most people a downed tree is a liability, not a score!
 
  • Like
Reactions: jeffesonm
We will take any that's on the road side (like where you'd put garbage) of the sidewalk in town (if it's on the other side it's "off limits"), and it's rarely out by the road out here, but if it is we'll ask about it. That's how we scored the big pile o pine a couple years ago.
 
I work for a county highway department. The county has a rightaway which is 25 ft from the center line. So technically, anything that falls under that distance belongs to the county, not the property owner. Our tree crew frequently drops trees and will leave the wood alongside the road for whomever wants it. If they are doing work in my neighborhood I ask them to leave it in 6 foot lengths so the average joe won't stop on their way home from work and scap it up before I can get to it after work with a saw.
 
I work for a county highway department. The county has a rightaway which is 25 ft from the center line. So technically, anything that falls under that distance belongs to the county, not the property owner. Our tree crew frequently drops trees and will leave the wood alongside the road for whomever wants it. If they are doing work in my neighborhood I ask them to leave it in 6 foot lengths so the average joe won't stop on their way home from work and scap it up before I can get to it after work with a saw.

The rules are very different state to state. In Maine, highway rights of way are variable in width... the town road in front of my house is 3 rods... 49'6"... the state highway on the side is 4 rods... 66' While I cannot stop them from cutting in the ROW.. it's still my wood.
 
  • Like
Reactions: rdust
In my town, if it's on the side of a public road it's fair game but I always ask the closest property owner first.
The town has no problem with me cutting up wood on a dangerous and busy street, but once they cart it back to the landfill (in a nice open field) I'm not allowed to cut it up due to liability concerns.

Go figure :confused:

Ditto to everything you said. My town grinds them into mulch, and I have seen some really nice hardwoods get turned into tiny shavings.......
 
Ditto to everything you said. My town grinds them into mulch, and I have seen some really nice hardwoods get turned into tiny shavings.......

Here's a video of where my county guys dump all the wood nobody picks up. They're due to get the tub grinder in there pretty soon.

 
They pile and burn ours... How ever they typically cut it in manageable pieces that a guy can pick up and throw in his truck. Last year I pulled close to a cord out of the dump. Got skunked this year.

Best part is, the dump is half a mile from my kids school. They are extremely embarrassed when I pick them with a truck full of junk.
 
  • Like
Reactions: claydogg84
Before Tel. or Light Co. cuts I need to sign a release for them to do so. I have about a mile of road
frontage wooded both sides as well as 80 acres of wood land so plenty of wood. I ask them to cut as
long as they can and I pull it back with tractor and farmi wench. Many times folks come along and
help themselves and I remind them it belongs to me however if anyone asks they are welcome to it
but ask I got plenty. In the past I've let folks cut around the fields or blow-downs in the woods however
not so much because of the lawyers and suites of liability. If I know them O.K. but not just anybody
not the way it is today. Point is the wood belongs to somebody folks just come on your land and take.
Holly will be next just got done with pairs trees across from house and they will stop and take off the tree I run them out anyone that asks and many do have at it,now if someone is walking by and grab a
few no big deal there welcome but some folks bring bags and go over the wall with bags they get run
out some are pissed but so am I
 
The rules are very different state to state. In Maine, highway rights of way are variable in width... the town road in front of my house is 3 rods... 49'6"... the state highway on the side is 4 rods... 66' While I cannot stop them from cutting in the ROW.. it's still my wood.

It's also a different mindset here . . . when a tree trimming company went through my town a few years back I asked about wood and they replied that since so many folks burn wood they leave the bigger stuff for the landowners and have never had to go back to clean it up at a later date.

I suspect Bret and I would find that here in Maine there are many folks burning wood who would be pretty irate if the company didn't leave the wood for the landowner . . . and the landowner in many cases would be pretty irate if someone came along and took "their" wood.
 
Ditto to everything you said. My town grinds them into mulch, and I have seen some really nice hardwoods get turned into tiny shavings.......

Just found out the other day that the City's wood dump (which is free) has a contract with a company that chips all the wood for bio-fuel . . . most of what I've seen there though tends to be pine and willow. As you say, it's pretty sad though when I see good hardwood being chipped up.
 
It's also a different mindset here . . . when a tree trimming company went through my town a few years back I asked about wood and they replied that since so many folks burn wood they leave the bigger stuff for the landowners and have never had to go back to clean it up at a later date.

I suspect Bret and I would find that here in Maine there are many folks burning wood who would be pretty irate if the company didn't leave the wood for the landowner . . . and the landowner in many cases would be pretty irate if someone came along and took "their" wood.

I have had this conversation:

"take my wood out of your vehicle, now....."
"b-b-butt, XXXXX tree said it was free for the taking..."
"you are standing on my land, removing my property, the PD is on their way, do as you will...."

I've never seen a more hastily unloaded pickup....
 
  • Like
Reactions: firefighterjake
The rules are very different state to state. In Maine, highway rights of way are variable in width... the town road in front of my house is 3 rods... 49'6"... the state highway on the side is 4 rods... 66' While I cannot stop them from cutting in the ROW.. it's still my wood.

While I'm not 100% sure, I do believe that as long as it is laying on the county/state/town ROW it is theirs, and they will remove it in due time. If the wood is laying past their ROW and in fact laying on your property, then absolutely - it's yours. Just because your property has road frontage, doesn't mean it is yours all the way to the road.
 
My neighbor paid to have a bunch of dead ash trees taken down near the road in front of their house, and promised the wood to me which was cut in 4' lengths. It took about a month before I could get over to get it, but by then most of the good wood had already been stolen. Twice I caught guys pulling halfway off the road (which was dangerous since it's a blind curve in a 55mph zone) and tossing the logs in. They scrambled as soon as they saw me so I never got a chance to make them unload the wood, both times it was different guys.
 
Waiting to hear back from the engineering department here for a better answer.
 
Ok, I'm in Hudson Valley, NY. Talked to the engineering department and they said this - If the wood is on the county ROW, it is free for the taking. Your average Joe has just as much right to it as the homeowner. Am I saying that a police office won't side with the homeowner to diffuse a situation? No. But what I am saying is that if I had a homeowner tell me it was his property, I was stealing, and that he called the police - I would wait for them to come and politely explain why the homeowner is wrong.
 
While I'm not 100% sure, I do believe that as long as it is laying on the county/state/town ROW it is theirs, and they will remove it in due time. If the wood is laying past their ROW and in fact laying on your property, then absolutely - it's yours. Just because your property has road frontage, doesn't mean it is yours all the way to the road.
That's not entirely true some of the deed's read to the center of the road and I my case there was
no layout of the road at town hall, Tel.Co was on my property starting to put up one of thier little green boxes.When I arrived I asked them to put it more to West as there was a bar-way to the woodlot.Well
that just was not going to happen I said if it was I'd push it over.The lady in charge would have none
of it she would take care of me.About a month later same lady came back with an easement for me to
sign,the box moved West and a $1,000 check which I didn't want but was forced to take,things are not always as they seem.
 
That's not entirely true some of the deed's read to the center of the road and I my case there was
no layout of the road at town hall, Tel.Co was on my property starting to put up one of thier little green boxes.When I arrived I asked them to put it more to West as there was a bar-way to the woodlot.Well
that just was not going to happen I said if it was I'd push it over.The lady in charge would have none
of it she would take care of me.About a month later same lady came back with an easement for me to
sign,the box moved West and a $1,000 check which I didn't want but was forced to take,things are not always as they seem.

If you read further down you will see I got an answer directly from the engineering department on this matter.
 
If you read further down you will see I got an answer directly from the engineering department on this matter.
Well that might well be true in NY and on all State Roads in Ma. However after being a police officer
for 33 years the land owner rules. All land owners need to sign an easement with the power Co.
before any cutting so there must be a reason for that at least in Ma.
 
Status
Not open for further replies.