Section 70 of the Roads Act, 1993, places an obligation on landowners or occupiers of property adjoining a public road to take all reasonable steps to ensure that trees, hedges, shrubs etc. do not constitute a hazard or potential hazard to road users. Where such a hazard or potential hazard exists, the local authority may serve a notice on the landowner or occupier requiring him or her to take appropriate remedial action. Failure to comply with a notice is an offence.
Local authorities themselves also engage in roadside trimming operations as part of their road maintenance work. They have been reminded, in guidance notes on the Roads Act, 1993 and in the annual roads grants memorandum issued by my Department, that while the safety of road users should be of paramount importance in the exercise of their powers and duties, they should also be aware of their responsibility in relation to the environment and the preservation of amenities when carrying out such works. The 1994 memorandum which will issue shortly will again bring this matter to the attention of local authorities and will, in particular, advise them that roadside trimming should be carried out during the winter months when there is least risk to the ecological environment. Authorities will also be advised that periods coinciding with net building, rearing of young, etc., should be avoided and that the timing of trimming work and the manner of its execution should seek to minimise possible damage to plants and wild flowers in hedgerows.