well you can always chain yourself to a tree in protest...I heard that works sometimes

Anywho...yeah I think people have this bizarre fear of trees crashing down and killing people....it does happen but not as often as people have been lead to believe

So does your community have tree lawns? usually that helps create less problems for sidewalks and streets...
I would just complain and complain until they get so sick of you complain that they have to address it...

It really depends on what's involved in the construction. If they're going to re-grade and cut down into the earth within a couple of feet of the trunk, severing most of the trees' structural roots on one side in the process... then yeah, they're right. It would be advisable to just remove them at that point.

If they're basically just adding a fresh layer of asphalt, or if it's enough distance away from the tree, then they're probably overreacting. But given the potential tragedy and liability if a street tree were to fail following construction, I wouldn't blame them for erring on the side of caution.

saccharum - If this is indeed the case, how is there a single tree over the age of twenty on any city street? In fact, they redid (not just repaved but removed layers of concrete) a street one block over from me a few years ago before they instituted this new policy. Sure enough, there are 50+ year old oak and maple trees still standing. And they look very healthy.

I honestly just don't understand and see a disconnect between what the city is telling me and what I observe driving around in other municipalities every day. Plus don't trees that old have roots that stretch very far and very deep? I'm really trying to understand how going down 8 inches at the base of an old tree can permanently ruin it.

Whether it's 'right' or not, the city may have the final 'legal' say in what stays or goes in the 'hell strip' between sidewalk and street.

its called an easement..

and they own the rights ... and... its probably not even your tree .....

and you really have no say ...

and it really doenst matter.. what other cities do.. as your tree isnt there...

significant construction under an old tree will kill it.. period .... how long that takes is unknown ...

so to work around it.. and leave it there.. is just making work.. a year or two down the line ...

move.. or hire an attorney.. but you lose either way ... as they say.. you cant fight city hall ....

ken

Janieful sez:

They claim the redoing the streets will irrevocably harm the tree roots and create a real and present danger to the citizens. My question is - how is this possible?

The precautionary principle run amok...

e.g.

they can do no sewer work.. with out cutting off half the trees root mass ...

so how can you not see damage potential ...

and since a vast majority of its root mass.. is in the first foot or two of surface.. how can tearing out and replacing the road.. not cause damage...

etc.. ad nauseum..

ken

Janie,
I'm sorry about the loss of your tree.
You know, Ken is right.
You really enjoy this tree, so you don't want them to cut
it down. But, if they keep it, and it gradually dies, (it will die), depending on the size, I can just imagine how big it is, it can kill someone, and I am sure you don't want that to happen.
A good wind storm, even 3 or 4 years after the street construction could take that tree down and hurt people, mabey even yourself.
So, just remember, you can always plant another tree, after the street is fixed, and it will grow and provide the same shade you have now.
Nothing is worth having a person get hurt over, especially when you can replant another tree.

what she needs to do... presuming she has a front lawn .. which she might not if urban ...

is plant a new tree.. in the middle of her own lawn ....

we could make suggestions in that regard ... if we had some facts.. and a pic or two ...

ken

Janie,

What kind of oak is it? Not all oaks are long lived like the live oaks are.

A perfect example around here are water oaks. They grow fast and look nice when young but after about 50 years they start dying and it's only a matter of time before they drop big limbs or split. We usually try to save live oaks or giant magnolias as they are part of the Gulf Coast culture but the water oaks and loblolly pines usually find a chainsaw or buldozer.

Like I said, the key question is to what degree the planned work will damage the root system. If all of the main roots on one side of the trunk will be cut near the stem, then the trees should be considered hazardous, full stop. However, there are many times when road resurfacing doesn't involve that, and there may be very little direct root damage even if they are grinding/milling down the existing pavement. Like the picture below - the main roots of that tree probably are not within the layer being removed.

{{gwi:432602}}

So, I think that before you start to launch a campaign to save the trees, you need more information about the construction. If the plan involves serious root disturbance, maybe it could be changed to something less destructive. If not, then there's room for judgement (with consultation from a city arborist or other specialist).

I love big street trees as much as anyone, both for their beauty and the many other benefits they provide. But part of maintaining a healthy urban canopy is managing risk and removing hazard trees. I get a few calls per year from lawyers involved in cases where a tree has fallen, killing or harming people or damaging property. A main question in resulting lawsuits is whether those responsible for the tree should reasonably have been aware that the tree was unsound before it fell.

In order for the city to make that decision they had to have somebody with the necessary credentials to make it valid. Your only course is to do the same. Sort of like fighting fire with fire. How much money do you want to spend fighting city hall?

I'd do what ken says, plant another tree or trees asap, further in your yard and not on the city easement.

Mike

.....and does this city not have a re-planting program? We take trees down for street reconstruction all the time but we have a robust planting program. In this city, if space permits, you'd be getting one (or more) replacements.

look at the date of the OP

Doh!