(10/7) The Thurmont mayor and Town Council unanimously approved amendments to the property maintenance regulations pertaining to limbs overhanging sidewalks and roads, and trees that may pose a threat to public ways, easements, or right-of-way, at their October 6 meeting.

The proposed changes were initially reviewed at the board's September 29 meeting based on a presented by police Lieutenant Allen Droneburg.

During the introduction of the proposed changes at the September 29 meeting, Lieutenant Droneburg said, "From time to time, we need to amend the ordinances for clarity for citizens, as well as give us some (additional) enforcement authority."

Among the changes, additions, or amendments proposed include adding shrubbery to regulations which had previously only applied to trees.

Cutting low-hanging tree limbs so that they remain at nine-feet above a sidewalk remains unchanged, but the changes mandate that tree limbs overhanging streets cannot be lower than 15 feet above a street, which assures clearance for trucks which may be as much as 13.6 feet in height. Also included in amendments is the provision that homeowners would be notified of low-hanging limbs that violate the regulations, in writing and would be given up to seven days to trim the offending growth.

Droneburg said that another area in which the department receives complaints of dead trees includes complaints such as neighbors complaining about a dead trees on neighboring properties hanging over the fence-lines over onto adjacent properties, or over a neighboring shed or home.

As a result, wording was added that allows the town to order the removal of dead or diseased trees on public or private property "when such tree constitutes a hazard to life and property … or harbors insects or disease, which constitutes a potential threat to other trees within the town."

However, Commissioner Marty Burns appealed to the board to not try to regulate issues involving disputes between adjacent property-owners and concern itself instead with trees on private property that may pose a potential threat to public assets.

Commissioner Burns stated he objected to such regulatory measures because, he said, in his opinion, "I don't like these … I think it's governmental over-reach, especially when you're talking about private property," adding that this should be a civil issue between two people. "I see so many different ways this could be interpreted, (or) not interpreted … I think we're going to get inundated" with arbitrary complaints filed by private property owners regarding neighboring private properties.

As a result, the board ultimately concurred, and agreed to modify the provisions to exclude matters which are of a civil nature between neighboring properties, and allow the provisions to apply only to instances such as when "any tree on private property (is) encroaching on public property, rights-of-way, or easements."