Ratiboř

TheZlín Region is turning to our citizens with a request concerning the maintenance of vegetation - trimming of branches and trees along class II and III roads in the Zlín Region (in the through and off-road sections of municipalities).

Particularly in winter, there is a risk of dangerous situations arising when, due to unfavourable weather conditions (wind, snow), dry or otherwise damaged branches or trees can negatively endanger the safety of road traffic by falling into the passage profile of Class II and III roads. Therefore, as the authorized administrator of road property owned by the Zlín Region, we would like to point out that:
- the owner of the land from which vegetation (mainly woody plants - trees and shrubs) grows and which is adjacent to the road or extends into the road protection zone, i.e. to a distance of 15 m from the axis of the road or from the axis of the adjacent lane of the II. or class III, is obliged under the Civil Code to carry out regular maintenance, i.e. trimming of branches or cutting down old damaged trees so as to avoid damage to the health or property of natural or legal persons
- in the event of a breach of this legal obligation, the landowner is liable for the damage caused, since according to the above-mentioned Art. According to the above mentioned law, the tree is a part of the land.

If the owners, administrators or lessees fail to remove the defective conditions, we will be obliged to proceed in accordance with the provisions of Act No. 13/1997 Coll. (the Act on Roads), among others, when they are detected, as administrators of Class II and III roads owned by the Zlín Region:

§ 35 Protection of motorways, roads and local roads
1) Owners of real estate in the vicinity of a motorway, road and local road are obliged to ensure that the necessary measures are taken on their land to prevent landslides, falling stones, avalanches and trees or parts thereof if this danger arises from the construction or operation of the motorway, road and local road or from natural influences; if this danger arises from the actions of these owners, they are obliged to take the necessary measures at their own expense. The extent and manner of the necessary measures and who shall carry them out shall be decided by the road administration authority.
2) The road administration authority shall identify the sources of danger to the motorway, road and local roads and the sources of traffic disturbance on them. If it finds a source of danger other than those referred to in paragraph 1, the road administration authority shall order its operator or owner to remove the source of the danger. If the operator or owner of the source of danger does not comply, the road administration authority shall decide to remove the source of danger at his expense.

Further information athttps://www.rszk.cz/?grafika=0&zobraz_aktualitu=813