The recent trimming of a significant, old larch tree along Sandridge Road by the PUD crew illustrates the conflict between the need for maintenance of a transmission line Right of Way and the obligation to protect significant trees. Legally, the PUD’s right to trim trees along its easements is paramount over other property rights. A utility easement needs to be free of obstructions and trees that could hit the power lines and cause a power outage or even start a forest fire.

That doesn’t mean that the PUD does not have to consider the impact of clearing of the vegetation. Washington Code WA 352-28-010 provides guidance as to tree cutting and removal on state lands, particularly parks. WA 352-28-010 is very clear about how to cut or trim what is classified as a “significant” tree. Usually trees over 100 years old are significant trees. This law states that any “significant” tree under the jurisdiction of the State Park’s Commission, including any within a utility easement on state lands, must be evaluated by a certified forester or arborist except in an emergency or a forest fire and an appropriate trimming or removal plan must be implemented.

Under WA 352 16 significant trees can be removed or trimmed in a utility right of way, particularly to correct a potentially hazardous condition. Evan though WA 352 does not apply to utility easements outside of DNR lands, it can provide guidance. As a candidate for the PUD Commission, I will advocate that the PUD adopt significant tree guidelines for trees in residential areas. Having the authority to clear an easement should be accompanied by an obligation to be a good neighbor and work out a plan with the property owner for trimming significant trees so as to protect the value of significant vegetation.

DAVID MCCLAIN

Ocean Park

PUD Commissioner Candidate