Appendix 8B: Sample Policy for Private Property Brush Removal

The following Fayette County Road Department policy, pertaining to the removal of brush from county roadways, serves as an example that roadside managers and other officials can draw from when drafting or revising policies for their counties or cities.

Fayette County Road Department Log Disposal Policy

The purpose of this policy is to establish guidelines for handling and disposal of logs in the secondary road right of way (ROW).

During road clearing operations the Fayette County Road Department (FCRD) encounters brush and trees, including large trees, in the ROW. Additionally, the FCRD negotiates with local landowners for tree felling permission when trees on the private side of the ROW fence could fall onto the roadway, creating a safety hazard to the traveling public. Large trees sometimes contain logs of some value, and a suitable, uniform method of disposing of such is required. Two basic scenarios exist in these operations and each has guidelines tailored to the situation, with subcategories under the basic scenario.

1. Large Trees in the ROW:
   1. Logs will be cut out and hauled to central location near the project site(s). FCRD will cut logs out and haul to central location near the project site(s) and sell log pile(s) to interested logger or other individuals at a later date through publicly advertised sealed bid or auction. Documentation of ownership will be provided by County Engineer's Office.
   2. If landowner wants the tops for firewood, tops are hauled onto landowner property. FCRD assumes no cleanup responsibility for pile.
   3. If landowner does not want the tops for firewood, they will be hauled to a central location for further disposal. County Conservation Department will have access to tops pile for firewood cutting in a timely manner prior to disposal.
2. Large Trees outside the ROW
   1. If landowner wants the logs: Landowner to provide location to pile logs off ROW. FCRD assumes no cleanup responsibility for pile. Tops handled same as above scenario.
   2. If landowner does not want the logs: Log disposal will be same as part 1a. Tops handled same as above scenario. 
   3. Fayette County Road Department maintenance foremen will write contracts with the landowners specifying the details of tree cutting and log disposal.