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Council reminds land owners of legal obligations concerning roads

Sep 27, 2024 07:54 By radiokerrynews
Council reminds land owners of legal obligations concerning roads
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The council has issued a series of notices reminding land owners and occupiers of their legal obligations.

These legal obligations relate to roadside trees, ditches and hedges; Japanese knotweed, water drainage from public roads and unauthorised advertising on public roads.

Kerry County Council says failure to comply with these regulations could result in prosecution.

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ROADSIDE TREES, DITCHES & HEDGES

Kerry County Council has given notice under Section 70 of the Roads Act, 1993, that landowners and occupiers must take all reasonable care to ensure that trees, ditches, hedges, and other vegetation on their land do not pose a danger to people using or working on a public road. It says examples of hazards include dead or dying trees, ditches or hedges interfering with traffic, footpath blockages, obscured road signs or obscured views of the road. The council says land owners and occupiers are required to fell, cut, log, trim or remove such trees, ditches and hedges for a distance of 1 metre horizontally and 5 metres vertically from the edge of the road. Hedge cutting should only be carried out, where possible, outside the critical nesting period (1st March to 31st August). The council added that before beginning work to remove these hazards, adequate signposting should be provided; and the council and Gardaí must be notified.

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JAPANESE KNOTWEED

Kerry County Council is also reminding land owners and occupiers to be aware of the invasive species Japanese Knotweed when cutting hedges. It warns not to strim, cut, flair or chip the plants as this can cause the plant to spread. It also warns the public not to dig, move or dump soil which may contain Japanese Knotweed plant material as this will help it spread. If a member of the public finds Japanese Knotweed, they must report its location and the extent of the infestation to their local municipal district Office.

DUTY TO FACILITATE DRAINAGE OF WATER FROM PUBLIC ROADS

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Kerry County Council is also reminding landowners/occupiers of their duty (under the Roads Act, 1993) to facilitate the drainage of water from public roads and also to prevent water, soil or other matter from flowing or falling onto public roads especially at entrances fields and farmyards. The council says not following these laws is a crime and could lead to legal action.

UNAUTHORISED ADVERTISING ON PUBLIC ROADS

The council is also stressing that it is illegal (under Section 71 of the Roads Act, 1993) to put up or keep signs, vehicles (including those with "For Sale" signs on them), or other items on a public road for advertising or selling goods or services without permission from the roads authority. This includes placing variable message signs on public roads, footpaths or hard shoulders for the purpose of advertising events. Kerry County Council is reminding land owners and occupiers it can arrange for the removal and storage of any unauthorised signs, vehicles or other structures and may recoup the removal and storage costs from the person claiming the unauthorised item. The council says under certain circumstances, following a period of storage, it may dispose of the unauthorised item.The person who erects, places or retains the sign or advertisement and the person on whose behalf the sign or advertisement is exhibited would be guilty of an offence and liable to prosecution.

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For more information, contact the Kerry County Council Roads, Transportation & Marine Department at County Buildings, Tralee on 066 7183588 or email roads @ kerrycoco.ie

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