Monaghan County Council

Comhairle Contae Mhuineachain

02
February
2017

Hedgecutting/Trimming/Drainage/Soiling Public Rds

Hedgecutting/Trimming/Drainage/Soiling Public Rds

MONAGHAN COUNTY COUNCIL
Important Notice to all Landowners and Occupiers of Land
Roads Act 1993
Hedgecutting/Trimming/Drainage/Soiling of Public roads


In the interest of safety and the protection of all people who use the Public Roads in the County, Landowners and occupiers of land are requested to:

•Take all reasonable care to ensure that roadside structures, trees, hedges, shrubs and other vegetation growing on their land is not or could not become a danger to those using or working on the public roads.
•Ensure that all debris is removed from roads following hedgecutting.

The Roads Act 1993 (Section 70) places a statutory obligation on all landowners/occupiers of land or structures to ensure that roadside structures, trees, shrubs or other vegetation do not present a danger to those using and working on public roads.

Failure to comply with their obligations could result in Landowners / Occupiers of Land along a public road facing fines of up to €5,000 and or imprisonment of up to 6 months or both.

Please note under Section 46 of the Wildlife (Amendment) Act, 2000 hedgecutting is prohibited during the period 1st March – 31st August.

Drainage/Soiling of Public road

•Under Section 76 of the Roads Act 1993 – Landowners and occupiers are obliged to take all reasonable steps to ensure

  1. That water is not prevented, obstructed or impeded from draining into, onto, under, through or to his land from a public road.
    2.    To prevent water, soil or other material from flowing or falling onto a public road from his land.•Failure to comply could result in landowners/occupiers of land being prosecuted. (see penalties below)
    • Under section 13 (10) (a) of the Roads Act, 1993 A person who, without lawful authority or the consent of the road authority defaces, damages or    excavates a public road, places or deposits any material or thing on a public road, permits dung or urine from an animal owned by him or any material or thing which falls from a vehicle owned or used by him, to be left on a public road or does any other thing, such that the material, thing, dung or urine or the doing of such other thing is a hazard or potential hazard to persons using a public road or obstructs or interferes with the safe use of a public road or the maintenance of a public road shall be guilty of an offence.Monaghan County Council wish to advise that any person who fails to comply with any of the above sections of the Roads Act will be liable to prosecution proceedings with penalties ranging from fines of up to €5,000 and/or imprisonment of up to 6 months or both.
All offenders will be actively pursued.

John McKernan
A/Head of Roads
Monaghan County Council
19th January 2017
Hedgecutting/Trimming/Drainage/Soiling Public Rds