ᐅ Tree over sewer pipe / clearance area to public road

Hi everyone,

We have a distance of 3 meters (10 feet) between our house and the street. We would like to plant a globe maple there, but I currently have two concerns:

- At the spot where we want to plant it, there is a sewer line running at about 100-110 cm (39-43 inches) depth. That should generally be deep enough for the root system of the globe maple. However, does it make sense to install a protective membrane around the pipe to prevent roots from growing into it? Or is it probably a bit of a pointless effort since the tree might have to be removed sooner or later anyway for maintenance on the pipe?

- Since we want to plant the tree centered, it would be about 1.50 m (5 feet) from the public street. The Saxon neighbor law states the following:
...
§ 9
Distance requirements for trees and shrubs
(1) The neighbor can require the property owner to keep trees, shrubs or hedges at least 0.5 m (20 inches), or if they are taller than 2 m (6.5 feet), at least 2 m (6.5 feet) away from the neighbor’s property boundary within a continuous built-up area.

§ 12
Exceptions
Sections 9 through 11 do not apply to

1. Planting along borders with areas designated for common use, 2. Planting in public street areas and on riverbanks, 3. Planting behind a wall or an opaque fence, as long as they do not exceed its height.

But what exactly applies in this case? How much distance do I need to keep from the street?

Thanks for your help or any suggestions.

Setback rules always apply to the neighbor – I have also looked into the regulations for North Rhine-Westphalia regarding trees near public roads but haven’t found anything so far.

And I would NEVER plant a tree directly over a utility line... at least 2m (6.5 feet) away, even then the roots will grow towards it. Assume that a tree’s roots will spread as wide and far as its crown.

jucre45 schrieb:

Plantings along the boundaries adjacent to areas designated for public use.

These are usually publicly dedicated streets. Your street directly in front of the house is an example of this. Even if it has not yet been officially dedicated, it is likely only a matter of time. The zoning plan can provide further assistance here; public traffic areas are usually shown in yellow. These areas should then typically be officially dedicated as well.

Some time ago, we had a company perform a sewer inspection. The technician told me that roots are not an issue for the wastewater system. However, I don’t remember if this always applies or only to our repaired pipe.

In the easement for the right of way, it is sometimes also specified that nothing may be planted over the pipeline. I would recommend double-checking this, just to be safe.