The power company in my area recently cut some wood down and I was wondering about the legality of taking it. Of course with it being a weekend nobody is open so I can call and ask. So I guess this is the next best place to ask, is it ok to take cut wood from the side of the road on public land.
When you say public land....do you mean like in a medain that is state owned? Or is it some kind of other public land...county, city, town etc?
Around here, the side of the road is NOT public land. There may be a utility easement along the road but anything stacked there belongs to the property owner unless the power company has a contract to remove it. If they leave it overnight it does tend to disappear. Same with when the town cleans up a tree in the road. They tend to chip the branches and leave the "firewood" . They DO come to get it after a couple of days, but many times the good stuff is gone. Usually, what they do is stack the wood at the edge of the road if they want it to "disappear" but stack it 8 to 10 feet from the road if the property owner said they wanted it. As a property owner, I would not leave any firewood any where near the road overnight. Someone like me would take it. I put stuff out by the edge of the road hoping someone takes it. Two sets of rules are unfair. The "Law" says you can't take it, but in practice that's why it is there. And yeah, every now and then someone leaves a lawnmower on the front lawn in the middle of mowing and "poof" it's gone. Generally, public land belongs to a municipality, not the public.
Like if your mower runs out of gas by the edge of road and by the time you get back with the gas can it's gone Ernie
Around here if its left roadside its pretty much free game, but most of the time I try to get permission for my own piece of mind. Worse case scenario is I get told no. I have asked local and state cops about this when they stop at one of my roadside cuts and they have said its there for the taking. If the wood is being cleared for the town/state etc. the tree service is supposed to talk with each land owner to get an okay to cut on their property and in the end the tree service is responsible for removing the wood they cut. Most IME don't want the wood and are more than happy to have us scroungers help ourselves. The land owner has the option to keep the wood and should put up a sign saying "do not take"/"keeping wood" etc. if they wish to do so. The above was told to me by an Asplundh boss years back.
Getting permission on public land is the best policy. That said, for the couple of times I’ve emailed my local municipality about a potential score, I was ignored on both occasions. I guess if you aren’t contributing hundreds of thousands of dollars to the tax fund every year you aren’t worth a reply. Anyway, you’re in New Hampshire and I assume Eversource is your power company? I’d try to talk to one of their drivers/crews. If they’re working on location approach them (at an appropriate time) and inquire. My understanding is that cutting roadside is generally frowned upon, but if you’re taking precut logs then it’s less of a liability. Again, a friendly chat with those guys (if the wood is indeed within their right-of-way) is a good starting point. If it’s state forest land, privately owned, etc that complicates the situation.
In NH you can grab it if on public land where the road passes through. If the roadside is private land, the presumption is that the wood is the property owner, so best to knock on the door and ask. Some people label it with no trespassing. Like many places, if it sits too long, a log truck will come by and grab it. I’m looking for an RSA. there may be local regs in the town so it wouldn’t hurt to ask your local DPW. I did find this. Disposition of Cut Wood: Unless the municipality has acquired ownership interests in the cut wood, or unless the adjoining property owner who owns the cut wood has released interests in the wood, the municipality shall allow the owner to remove the cut wood within such time and in such manner as the road agent deems appropriate for the safety and convenience of municipal employees and the traveling public. If the owner does not remove such cut wood in that manner, the road agent, after notice to the owner, may dispose of the wood in a manner approved by the selectmen/city council. If the municipality owns the cut wood or if the owner releases interests therein, the selectmen/city council shall decide on its disposition. https://nhprimex.org/assets/Uploads/Roadside-Tree-and-Brush-Maintenance-August-2019.pdf
This is why it is a good idea to carry several cardboard signs that say "Keeping wood/ do not take" that you can place on likely piles that you can't immediately throw in your truck! Also, a "Free to take" sign that you can display to the side while you are loading right of way wood, "Sorry Officer, I was just going by the sign"!
Seriously though, I have talked to Superintendents on development projects who have told me that they can't except the liability of amateur cutters taking firewood. "However I sure wish those logs would go away and no one will be working here this weekend." Not the ideal situation but I have gotten a lot of firewood that way!
X2. I was chasing my tail trying to get the okay on some nice wood years back. I was told to talk with the towns "tree warden" and he told me its property of tree service. Owner of tree service finally tells me to cut and take it but I didn't hear it from him. Obviously liability is everyone's main concern. Are you aware of the FHC liability waiver Bear6? Here's the link Liability Wavier I have a couple copies with me at all times and have procured scores with it in the past. Kind of a PITA but cant let good wood be getting away from us hoarders.
I guess I should specify since I wasn't too specific. The wood was cut on the side of the road where state land (public land for hiking ect.) butts up against the road and was left next to/under the power lines.
I operate under the same rules Brad does. I’ve had state workers, tree wardens and hired crews tell me the same thing. Basically it’s owned by whoever cuts it down and landowner gets first dibs. After that make it go away and we’d be most appreciative,,,,,,,,,and you didn’t hear that from me LOL. Like any request the further up the line you push it the more it will be denied. So I go with what the folks in the field tell me Around here the towns love it when it goes away. Saves them money on their tight budgets. State land is a different animal, they don’t care about budgets in the slightest. They are about control. It’s fun and addicting tho, thrill of the find, rush of the score
We are same age except the road crew that cuts trees out away from roads heat the building with outside wood boiler… So wood is left for very short time periods
