Trees, hedges and shrubs from private property often grow into the public traffic area. This can lead to obstructions and hazards.
It is particularly critical when traffic signs, street lamps or street signs are obscured by overhanging vegetation or the view at corner properties is severely restricted, so that it is no longer possible to handle traffic safely. The narrowing of sidewalks by overgrown trees is not only a nuisance for pedestrians, but often also a hazard.
The airspace above roadways and parking strips must be kept free of vegetation at a clear height of at least 4.5 meters and above bicycle paths and sidewalks at a height of at least 2.5 meters. These minimum dimensions must also be given if trees and shrubs are more heavily loaded because of fruit or also because of wetness or snow. The municipality asks all property owners to carry out the required work as often as necessary, otherwise measures liable to costs by way of substitute performance in the sense of Art.29 BayStrWG are possible.
Droughty trees and branches also pose a significant hazard as soon as public or private traffic takes place in the area of these trees. It can be particularly unpleasant and expensive for property owners if such danger spots near public roads and paths are not removed in time.
Property owners are asked to regularly check all trees standing on their property for drought-prone branches and to remove them as well as rotten trees that could fall into the road space. Otherwise, they would have to reckon with considerable penal consequences and claims for damages as a result of contributory negligence, especially in the event of accidents.
