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#Post#: 838--------------------------------------------------
Alternatives to Erie Canal Embankment Tree Clearing
DIR By: Doug K
Date: October 25, 2019, 9:18 am
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Most of you were hoping to find a whole ECNA post dedicated to
finding ways to avoid taking down all of the trees lining Erie
Canal Embankment Dams... sorry to let you down. There are none,
at least any "viable" alternatives to removing the Danger &
Hazard trees that have created unsafe conditions on both the
waterway & the canal trail.
People need to understand that the real issue isn't about
clearing unsafe Erie Canal embankments, it's about safety of the
public using the Erie Canal, the safety of neighbors living
below it's waterline and the safety of EMPLOYEES tasked with
keeping the Canal System running smoothly.
Hey who made those rules up?
Well it's State and Federal guidelines that dictate OSHA Working
Conditions as well as the Responsibility of NY Property Owners
regarding tree danger... it's called The Law.
If you haven't already read these two ECNA Posts about the Law &
NYS Legal Responsibility around Danger Trees do so now.
HTML https://ecna.createaforum.com/general-discussion/nys-canal-corporation-must-clear-canal-embankments-reason-1/
HTML https://ecna.createaforum.com/general-discussion/nys-canal-corporation-must-clear-canal-embankments-reason-2/
Now you might think that this is a NY State only issue... Danger
Trees. Well it's not, ours just happen to be residing along the
Erie Canal... the Nation's FIRST highway. Here's what the state
of Connecticut is dealing with... does it look familiar?
[attachimg=1]
Here's the webpage for the full story -
HTML https://www.courant.com/news/connecticut/hc-news-dot-tree-clearing-campaign-20190522-pyxoy6njdraahfmibnvt7djlfe-story.html
New York & Connecticut are not alone when it comes to fighting
Danger Trees, everyone from OSHA to the Federal Government has
recognized the issues of mis-managed vegetation, especially when
it comes to trees.
Here's the LEGAL side of the problem -
HTML https://boylancode.com/timber-rights-obligations-landowners-trees/
Here's what defines a Danger Tree & Hazard Tree... from
different perspectives
HTML https://www.dec.ny.gov/lands/5293.html
HTML https://arbordayblog.org/treecare/look-detecting-preventing-hazardous-trees/
HTML https://www.experts.com/Articles/Definition-Hazard-Tree-By-Christian-Plunkett
HTML https://damsafety.org/dam-owners/trees-and-brush
And here's what NYS says about Danger Trees, first hand
knowledge from people in the state
[attachimg=2]
HTML https://www.nytimes.com/2012/05/14/nyregion/in-new-york-neglected-trees-prove-deadly.html
HTML https://www.democratandchronicle.com/story/watchdog/2015/02/26/tree-trimming-brockport-law-neighbors/24065617/
HTML https://www.citylandnyc.org/trees-tort-liability-for-injuries-involving-trees/
In the end it's really about SAFETY, both for the general public
using Canal Corporation lands and for the NY State Canal workers
who are entitled to a "safe" working environment on a daily
basis...according to Occupational Health & Safety Agencies. NY
State cannot, will not allow any unsafe condition as part of
their responsibility to all New York State taxpayers to maintain
our state's resources, the Erie Canal qualifies as a state
resource...of course.
So CLEARING all of the Canal Embankments is not a question of
"IF" it is only a question of WHEN it will happen... but here's
a thought:
There are ONLY two possibilities that insures that NY State
isn't held liable for a Worker's Comp Case should a tree fall on
a NY Canal Corp employee... it also insures that the general
public is protected from the NYS Canal System (as OWNER) for
being negligent in NOT clearing their overhanging trees along a
popular waterway & hiking trail like so many are asking for
around Rochester. It's not hard, pick one that works.
1) Shutdown the Erie Canal Waterway & Hiking/Biking Trail
System in ALL places where the Danger Tree issues have not
already been resolved. Keep those unsafe areas closed to all of
the public use until the Danger & Hazard Trees issues are
resolved.
Until further notice ALL NY Canal Corporation employees will be
required to wear Hard Hats & PPE at ALL TIMES in these OSHA
certified Hazardous Work Locations when performing any canal
system Work or Inspections.
2) Let the NY State Canal Corporation, owners of Danger Trees
problem, FIX the issues without getting in their way, without
suggesting ways to reinvent the Danger Tree Remediation Process
and support them with whatever is needed.
That support should INCLUDE voluntarily avoiding areas of the
NYS Canal System that are under "active" Danger Tree removal as
part of the NY Canal Corporation's Earthen Embankment Integrity
Program. Just like the local DOT highway construction saying of
"Give em a Brake"..the same hold true for the Canal Work...
"Give em some Space"
Which one makes more sense to you? Which would be better for
both Public & NY Canal Corporation Employee Safety?
Which one should all of us be choosing?
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