Taking wood from along the road, legal?

Whitepine2 said:

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.

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Home owners are given no notification of cutting trees that are on the ROW here.

Cornflakes said:

Thanks to all for the dialog to read.
I'm going to play it safe from now on and ask prior to removal. The wood I took wasn't near the home of the land owner, as it was all farm land and back a country road. The wood was literally right next to the road so it seemed like fair game.

I did go back to see if the big stuff was still there but it was gone... So someone scarfed it up.

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Yes it's always nice to ask,most folks don't want the wood and are glad for someone to take it but those that use the wood want it.

claydogg84 said:

If you read further down you will see I got an answer directly from the engineering department on this matter.

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Their opinion is valid for hudson valley, NY, Not Maine. I just went through this 3 weeks ago w/ my town. In Maine, road ROW's are not designated from centerline... they are strips of land that the entire roadbed must remain in, and a lot of the time are bounded by stone walls. In the case of my road, over the last century or so, the end of the it ran out of the ROW, and the town had to move it. They wanted to take out 3 pines and one white oak of mine. I let them take down the pines, but my oak still stands, because *I* said no.

Also, in Maine.... the county gov't is extremely weak... there are no county roads, there is no "out in the county" (Not talking about The County) In fact the only functions that even exist on the county level are the Superior Court, Registry of Deeds, Probate, and the Sheriff's dept. that's it.

Bret Chase said:

Their opinion is valid for hudson valley, NY, Not Maine. I just went through this 3 weeks ago w/ my town. In Maine, road ROW's are not designated from centerline... they are strips of land that the entire roadbed must remain in, and a lot of the time are bounded by stone walls. In the case of my road, over the last century or so, the end of the it ran out of the ROW, and the town had to move it. They wanted to take out 3 pines and one white oak of mine. I let them take down the pines, but my oak still stands, because *I* said no.

Also, in Maine.... the county gov't is extremely weak... there are no county roads, there is no "out in the county" (Not talking about The County) In fact the only functions that even exist on the county level are the Superior Court, Registry of Deeds, Probate, and the Sheriff's dept. that's it.

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I mentioned Maine 0 times. My information was strictly regarding where I am.

Cornflakes said:

Thanks to all for the dialog to read.
I'm going to play it safe from now on and ask prior to removal. The wood I took wasn't near the home of the land owner, as it was all farm land and back a country road. The wood was literally right next to the road so it seemed like fair game.

I did go back to see if the big stuff was still there but it was gone... So someone scarfed it up.

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. . . or the landowner came by to pick it up. I think your decision to ask first is a good one for future scrounging. My family owns a fair amount of farm land and they have on occasion dropped a tree and not gone to pick it up for a few days . . . even though their homes are not next to the field . . . something worth bearing in mind.

firefighterjake said:

As you say, it's pretty sad though when I see good hardwood being chipped up.

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Especially when chipped to make those silly pellets .

It's only illegal, if you get caught.

My boss had 4 trees cut down on her property and it was all bucked for me to pickup (2 locust, 2 cherry).

1 tree was about 12 feet away from the road, and another 15 feet and both piles were right next to their respective stumps. This is a dirt road. She caught a pair of guys taking one load, got the license plate # and came out to tell them to stop and they ran and drove off. She called the police and 4 hours later the wood was back no charges filed. And this was just a few weeks ago.

I just got a robo phone call from DTE energy stating they were taking down trees in our area and that we were to leave a voicemail message with our name, number, and address if we wished to have any said trees left down on the property otherwise DTE would likely be taking them with. The good thing about the power and phone lines in my area are they cut through my property about 80 feet away from the road. So anything that is taking down is well on my property. You have really have to have some balls to come on to it especially with the no trespassing signs and no hunting signs up every 25 feet.

The local NH DOT division lot got an OWB two years ago. They don't seem to leave any wood along the side of the road anymore and must have 30 or 40 cords piled up in their back lot.

NStar Electric is about to start cutting in our town to clear the trees around wires. They sent a letter to all the land owners telling us and asking for permission to cut. They said they would chip all the small stuff and leave the logs for us if we want it. If not picked up in a week or two they will come back by and remove them. I send the letter back giving permission but that I wanted to know the dates they would be by so I can get my trees because if they left them there someone might come by and pick up MY trees. So yes I think you should ask first.

Ps anyone in the S.E.Mass New Bedford area on my street alone they are taking down many full size oaks and maples that none of my neighbors want so if interested give me a pm and I will try and set you up.

Charles1981 said:

My boss had 4 trees cut down on her property and it was all bucked for me to pickup (2 locust, 2 cherry).

1 tree was about 12 feet away from the road, and another 15 feet and both piles were right next to their respective stumps. This is a dirt road. She caught a pair of guys taking one load, got the license plate # and came out to tell them to stop and they ran and drove off. She called the police and 4 hours later the wood was back no charges filed. And this was just a few weeks ago.

I just got a robo phone call from DTE energy stating they were taking down trees in our area and that we were to leave a voicemail message with our name, number, and address if we wished to have any said trees left down on the property otherwise DTE would likely be taking them with. The good thing about the power and phone lines in my area are they cut through my property about 80 feet away from the road. So anything that is taking down is well on my property. You have really have to have some balls to come on to it especially with the no trespassing signs and no hunting signs up every 25 feet.

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I have Consumer's and they just show up, no notification at all, just some guy walking thru your yard. Just for privacy concerns, I asked the forester for Consumers to knock down everything in the right of way, so they don't have to come back. And I got with my neighbor, talked him into doing the same, the linemen were out here several times per year, throwing the switch on a transformer in his yard. After the trees were whacked down, we haven't had as many power outages.

Around these parts there's a general understanding that if it's sitting in a pile by the side of a *major* road, like the main 2 lane highway that cuts through my county then it was left there by a government sponsored entity (like the power company or highway maintenance) for later chipping shredding/removal by the county. It's generally understood that anything left is "fair game" for anyone who wants it. I've also been told they encourage people to take it by cutting into reasonable sizes for easy grabbing as it just saves work and money for the county down the line. I've gotten a few truck loads of mixed wood this way.

I wouldn't just take it if I saw it on a smaller road in front of someone's property, definitely ask first.

Some townships near here will chip brush that is left at the curb. I often see pieces of burnable wood piled with the brush, and I pick it up when I see it. As far as I know it is fair game to pick up things left as trash in this manner.

I assume the OP was referring to wood that is cut but hasn't been piled at the curb for disposal, but thought I'd mention it anyway.

Cornflakes said:

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?

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My dad picks the stuff up all the time when PEPCO cuts the stuff down. I have had some friends call me in the Baltimore area when BGE cuts a tree down. If the tree is on a landowner's property, I would presume that it belongs to the landowner even after it is cut down. However, my dad got 2 truckloads from some stuff that the PEPCO contractors (e.g., Asplundh) left on public property. Police officers were driving by the entire time. Only law I can possibly think that you are breaking is "theft" if the tree happened to be on somebody's property. Now, there are laws against cutting down trees on public property, but I have no idea if there is a law about taking the wood from a downed tree. Best bet would be to contact the utility company and ask them, or if you actually see a contractor cutting the stuff down along the power lines, just stop and ask them. The stuff in Montgomery County lays there for weeks. The contractors are probably hoping that people come along and take it.

Whereabouts in Maryland are you. My parents, brothers, and a sister are in Montgomery County, one sister in Anne Arundel, and I am in Howard.

Cornflakes said:

Thanks to all for the dialog to read.
I'm going to play it safe from now on and ask prior to removal. The wood I took wasn't near the home of the land owner, as it was all farm land and back a country road. The wood was literally right next to the road so it seemed like fair game.

I did go back to see if the big stuff was still there but it was gone... So someone scarfed it up.

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It's always good to ask if for no other reason than to meet new folks. You never know who might have forest full of standing dead 15% black locust just waiting for someone to take it away

When in my truck, I will never pass up a wood fuel opportunity. Always ask, if there is an owner or resident near.
As it may not be there on your next trip by the same spot.

Power company just did some tree trimming on my road, lots of piles on the side.. planning my snatch-n-grab..

Here in NEPA a tree barely hits the ground by the roadside before someone is there with a chainsaw. Asking is a good idea and a courtesy.

Gareth96 said:

Power company just did some tree trimming on my road, lots of piles on the side.. planning my snatch-n-grab..

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My power co did that about a year ago.... I followed behind them and ended up with over a half a cord... from just my road frontage. I posted a thread about it.. lol.

Whitepine2 said:

Yes it's always nice to ask,most folks don't want the wood and are glad for someone to take it but those that use the wood want it.

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Wish that were always true.

One guy about 5 miles from my house has a bunch of trees cut from the powerline easement running through his property (summer 2013). I stopped and asked, he said no. I asked if he was going to burn them and offered to help him in exchange for splitting the haul (it was probably 5 cord of large branches and medium trees). He said "I don't want anyone on my land, and those trees will fertilize that easement."

I respect his decision, and here we are 18 months later and they still sit where the company cut them........oh well.

An easement or right of way isn't ownership. If I'm the one paying taxes on the land, the trees/logs are mine. I don't see that the utility company has any legal status to dispose of the fallen logs. The same goes for any joker trying to load up his pick up!

Stubborn Dutchman said:

An easement or right of way isn't ownership. If I'm the one paying taxes on the land, the trees/logs are mine. I don't see that the utility company has any legal status to dispose of the fallen logs. The same goes for any joker trying to load up his pick up!

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So then a dead deer that lays on the side of the road in front of your house is yours as well?

claydogg84 said:

So then a dead deer that lays on the side of the road in front of your house is yours as well?

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I'm not seeing the connection. The tree grew on MY property. I have no idea where the deer came from and would have no claim to it. ???

All this wood scrounging reminds me of a story that happened in my neighborhood this summer. A non wood burning homeowner removed a birch tree from his property. He left 4 or 5 logs, no longer than 15" and maybe 6" in diameter at the end of his driveway where it intersects with the main road.Two good old boys in pickup trucks crashed into each other while each were trying to arrive first at this amazing jackpot of fuel. Yep, that was worth it.