Multiple trunk tree removal is defined as undertaking a removal procedure for more than one tree at one time. In most cases, the procedure is accomplished when the bylaw is first established. The purpose and intent of this bylaw is to protect the state and prevent abuse of the trees by individuals and companies. For instance, if one person cut down a larger tree to build a deck or a gazebo on it, the surrounding property owners would be hard pressed to claim that they had been damaged by the act. There must be a clear line of sight between the tree being removed and the exact location in which the tree was cut down to establish a link between the two locations.
This bylaw is most often used to prevent one party from cutting down a multi-trunk tree without first obtaining the permission of the other party. For example, multiple-trunk trees are often planted in public parks and other public areas so there is generally an adequate public right of way to prohibit someone from cutting them down without the written consent of the park board. There may also be a zoning requirement in a private town or city so that individual trees can not be chopped down. It is important that all town and cities have an enforcement policy in place so that if the procedure is not followed, then the bylaw will most likely be enforced.
In this respect, the bylaw states that any person who removes more than twenty five percent of trunks in a year from one hundred and fifty trees must obtain the written authorization of the property owner. The authorization can only be given once the trees are actually removed from the land. Once the tree trimming has taken place, it is very difficult for the property owner to regain control of the surrounding property. A tree trimming license is almost always required for persons working with multi-stemmed trees.
In addition to the above-mentioned bylaw shall apply to commercial and residential buildings as well as private communities. However, it should be noted that there is no requirement for a bylaw to apply to residential shade trees that are located on private communities. This is because the majority of communities are located within large metropolitan areas where tree trimming is carried out routinely. There is an exception to this general rule in the case of commercial buildings which must obtain a license before trimming or removing the trunks. The size of the commercial building does not need to be taken into consideration when determining whether a license is required.
Prior to the implementation of the current statutes authorizing local governments to ban the use of explosives on protected trees, there were few federal or state laws in force that allowed public entities to initiate the removal of a tree without obtaining a license. Currently, there are only a few statutes that directly apply to the tree removal industry and the enforcement of those laws are usually administered by state or federal agencies. As stated before, most timbercutting activities that take place on protected trees occur within state or private communities so there is not currently a legal requirement for public entities to obtain a license prior to removing trees.
Another reason that there is currently no requirement to obtain a license before trimming multiple trunks is that it can be difficult to determine whether the trees are being removed in the proper manner. In most cases, the trees will be felled in a methodical, symmetrical manner so that the maximum surface area of the tree is not damaged. As the number of trunks increases, this process can become quite time consuming. Therefore, it would not be practical for most municipalities to initiate such a procedure because it would require the expense of hiring additional personnel, making the cost of tree removal an added financial burden on small communities.