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Right of Way Firewood Gathering!

Started by ReggieT, November 01, 2015, 09:04:02 PM

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ReggieT

Trying to find out very "passively" what is the best possible way to gather firewood based on Right of Way laws.
Ran into some fellows who were going about it rather neanderthal style & possibly illegal and it made me wonder about the tons of downed/dead wood available lying on the roadside.
Yet, I would like to find about the laws and so forth...I often see highway crews cutting and leaving some tops and a few stumps and so forth...

BTW...I'd like to hear some feedback about what constitutes a "Woodshed" topic on this site? ::)

Thanks,
Reggie

beenthere

As I see it, if the wood is not on your land, it is not yours to take.

But contact your local authorities for a better answer, and as well contact the landowners for permission to take their wood.

I think the "woodshed" is a place (not a topic)... where we don't wanna be.  ;D

south central Wisconsin
It may be that my sole purpose in life is simply to serve as a warning to others

bucknwfl

The right of ways belong to someone state, county, and city. Any trees causing an issue will be removed but you will need permission. Check with the power company they will be taking down trees and will be happy to let someone have the wood
If it was easy everybody would be doing it

Pine Ridge

County road department where i work takes out several trees along right of way, usually a nearby landowner will show up wondering what were going to do with the wood, we let them have it if they want it. Sometimes if nobody shows up wanting it we stack it in a pile in the right of way, usually gone pretty quick as someone will come by and get it. I'd rather see someone use it for heating their home than going to waste, or us having to dumptruck it back to our shop and dumped in the burnpile. Ask your road department what their policies are.
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Mooseherder

Quote from: ReggieT on November 01, 2015, 09:04:02 PM
BTW...I'd like to hear some feedback about what constitutes a "Woodshed" topic on this site? ::)

I was going to answer you privately in a PM but since you asked publicly I'll respond here.
In your case it was a complaint about the Language used in your post. 
Typing blanks or %$#@ for letters in words doesn't make it okay.
I was going to edit your post and put it back last night but there would have been at least three edits so I just left it alone.  Does that answer your question?

Ivan49

 Here in Mich the land owner owns to the center of the road and land under power lines. Any trees that are cut is his to do with as he wants. I know someone that just went thru this and he was told by the lawyer that the wood was his.

ReggieT

Quote from: Mooseherder on November 01, 2015, 09:51:20 PM
Quote from: ReggieT on November 01, 2015, 09:04:02 PM
BTW...I'd like to hear some feedback about what constitutes a "Woodshed" topic on this site? ::)

I was going to answer you privately in a PM but since you asked publicly I'll respond here.
In your case it was a complaint about the Language used in your post. 
Typing blanks or %$#@ for letters in words doesn't make it okay.
I was going to edit your post and put it back last night but there would have been at least three edits so I just left it alone.  Does that answer your question?
It answers it partially...my apologies if the inferred asterisk language offended anyone or caused them great sorrow. smiley_spider drop
I'm far from a proponent of graphic language.
I would have been more than happy if you had contacted me to edit it.
Now I'm fully cognizant of The Forest Forums boundaries/parameters.
I did send you PM privately concerning the matter...in this post I did not reference my deleted post, you did.
Yet, since we're discussing it "publicly" ...one of your fellow administrators did PM me and thought you had "woodshedded" it in error!!
All is well & I'm at peace...  smiley_sun

ReggieT

Quote from: Ivan49 on November 01, 2015, 10:27:38 PM
Here in Mich the land owner owns to the center of the road and land under power lines. Any trees that are cut is his to do with as he wants. I know someone that just went thru this and he was told by the lawyer that the wood was his.
Great info...appreciate it.

WV Sawmiller

    When I was stationed in SC I found the power company cutting a bunch of big hardwoods near me and stopped and asked and they told me take all I wanted but not just the small stuff - take big pieces too. I took 7 truck loads, heated all winter and sold the rest when I left a year or so later. Just ask. They may even help load.
Howard Green
WM LT35HDG25(2015) , 2011 4WD F150 Ford Lariat PU, Kawasaki 650 ATV, Stihl 440 Chainsaw, homemade logging arch (w/custom built rear log dolly), JD 750 w/4' wide Bushhog brand FEL

Dad always said "You can shear a sheep a bunch of times but you can only skin him once

Logging logginglogging

I know a guy, that worked all summer and winter picking up left behind roadside wood with his tractor. Noone said a word to him about it. But we do live way way out too....

Whitman

The Utility I worked for . The wood is the property of the land owner until the utility bought it . As the case of some yard trees. Check with the new right away laws on planting trees ,buildings , and other structures. I stopped a house from being built and moved 60 ft. because it was too close to a high voltage overhead line, they could of just looked up and saved the trouble.

Ivan49

 Here in my case the utility does not buy the right away the same as the road. I pay taxes to the center of the road but I have to allow the road way and the utility to go thru . If it was a high line and they paid to lease the land then it may be different . I think each state if different

Jeff

Quote from: ReggieT on November 02, 2015, 12:27:24 AM
Yet, since we're discussing it "publicly" ...one of your fellow administrators did PM me and thought you had "woodshedded" it in error!!
All is well & I'm at peace...  smiley_sun

Um...No I did not say I thought he did it in error. I said I didn't know anything about it. To be exact,

Quote from: Jeff on November 01, 2015, 09:25:41 PM

Couldn't tell ya. I didn't have anything to do with it.
I went and looked. Mooseherder moved it. Maybe he didn't mean to. Shoot him a message and ask him.
Just call me the midget doctor.
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thecfarm

Here in Maine,any trees that are cut by the utility company are the homeowner. I see some wood just lay there and rot. Most times there is not much size to it either,6 inches. And sometimes it's a softwood too. Most here will not burn softwood.
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Mooseherder

I am going to put back the original Post titled Firewood Poaching that was brought to our attention along with subsequent replies that followed.  I think his question is more intent on Roadway downed trees over Utility lines.
Jeff knows that on a couple of occasions I have accidently deleted a post with an inadvertent swipe touch while on my IPad but this wasn't one of those times.   Posts that I accidently deleted were restored.
Feelings were probably hurt over being sent to the woodshed and I understand that. I could have deleted the original post and subsequent replies instead of moving the thread as one but then someone would be wondering what happened to their post.
It really wasn't such a big deal and since this wasn't normal behavior from this member he wasn't even issued a warning.  He was upset about not being contacted and allowed to edit his post.  That would of meant having to leave it up until he did change it. 
As a wise man who hangs out here likes to say.

Carry On!

Quote from: ReggieT on October 31, 2015, 09:39:04 PM
On a road trip a few days back I noticed a couple guys cutting up a bunch of downed tree's just 25 feet or so off the road.
It was close to a handy bathroom exit so I decide to be nosy.
I told him I'm always interested in extra firewood and who could I talk with to get some of these downed tree's?

His reply, "Let yer f@#$%^& conscious" be yer guide!! go_away

I said, "what in the hell are you talking about", while monitoring any quirky moves, he says, "what I mean is I don't ask nobody s---, I just see a lot of easy wood, keep an eye out fer the "Law Dogs", I drop em, he limbs em, and we both load em in the bed and trailer then we haul ass Bubba!
So fer we got dam near 30 cords of oak, ash and hackberry stacked up.
He says he has conversations with the State Troopers & Deputies on the regular...and they NEVER hassle him or make him stop! ::)
I know this guy is an idiot & unethical and will eventually bite the dust, but if you cut some without it being illegal I'd like to find out?

Who are the authorities to see about cutting wood off the highways and so forth?
Thanks,
Reg

Quote from: starmac on October 31, 2015, 11:37:02 PM
I would think the land owner joining the highway at that point, but it may vary.
Here we have wood cutting areas on forest service land. You have to go to the forest service officae and get a permit, good for 3 cords. This is for personal use only, you do not want to be caught selling firewood from one of these areas. I have bought the permits, and cut wood, but have never been checked at all, so I don't know how they enforce the three cord deal.
Today I was hauling an excavator into a logging sale and did meet a firewooder on his way out, followed by a trooper, wheather he checked the guy out or not, I don't have a clue. The only other time I have seen a trooper back in there is during moose season, though.
I do know lots of folks forget to buy the permit though.

Quote from: SwampDonkey on November 01, 2015, 04:02:30 AM
Those guys kind of remind me of what mother and I saw in the Walmart parking lot yesterday. There is a steel containment unit at the edge of the lot for clothing donations left for pickup to sell and give proceeds to the Diabetes Association. There was a guy in a car stopped there and rummaging through all the bags that couldn't be fit into the unit (surplus) for stuff he wanted and tossed them in the car. First off, if he can afford a car to drive around he's probably better off than ones than can't. I'm also thinking that steeling from charity is likely illegal. This was right out in plain view, for all to watch. By the looks of the containment unit, someone hadn't been around to collect for some time.

You see all kinds of stuff in this world.  ::)

4x4American

If it's down already on the side of the road it's pretty much fair game to anyone around here.  If there is a house in front of it I always ask.  Troopers won't bother you, Sheriffs might, but who knows.  When they are cutting the power lines they like it when you follow them and load because that's less loading and hauling for them. 
Boy, back in my day..

sandsawmill14

around here most of the wood is either chipped or bush hogged unless we have a bad storm with alot of blow down so not much to get  :-\

far as the woodshed good call mooseherder. reggieT i was not offended but you had to know it was at least questionable.  ;) i hope i never go to the woodshed but if i do i will know i stepped outa line. but anyway were all friends so i hope its all good now :)
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WV Sawmiller

    The easy solution is just ask. As mentioned above several times the utility people are often glad to see it go and may even help load just to see it gone and out of their way. The worst they can do is say no and we've all heard that before.
Howard Green
WM LT35HDG25(2015) , 2011 4WD F150 Ford Lariat PU, Kawasaki 650 ATV, Stihl 440 Chainsaw, homemade logging arch (w/custom built rear log dolly), JD 750 w/4' wide Bushhog brand FEL

Dad always said "You can shear a sheep a bunch of times but you can only skin him once

Ivan49

 I have a 1/4 mile road frontage and a couple years ago they came and cut under the power lines. This was about the time the ash borer went thru. I told the crew that if they wanted to they could just drop them and leave them in 8 foot lengths so I could pick them up with the skid steer. They said they would like to but were contracted to cut in appox 2 foot lengths and if the power company boys came along they could get into trouble.

bucknwfl

We remove 3 trees from around the lines yesterday  I had the guys cut them up in smaller pieces. Before we finished people were asking about wood and we left all the firewood for them.  Call alabama power office and ask for the distribution forester in your area he will put more wood on you than you can stand

Thanks

Buck
If it was easy everybody would be doing it

Engineer

Different rules in different places.  If there's a power line easement going through someone's land (as opposed to along the road frontage) the wood belongs to the landowner.  If a tree service or utility is cutting along a road frontage, well technically it's still owned by the adjacent landowner, but many times the wood will simply be stolen.  Especially if there's no houses around.  I have seen wood sit for months and then suddenly disappear.  I have a basswood down on my land and it was dropped by the local utility because it was on power lines.  It's still 30 feet long and 20" diameter and nobody wants to steal it.   :D   I can take my time getting to it.  On the other side of the road, 25 feet away, is a huge black locust dropped at the same time, over six months ago, and that's still sitting there too.  On the other hand I have had people steal wood off my property because they think it was cut by the power utility or road crew so it's fair game.  My father stopped a woman with a small SUV and a chainsaw when she was cutting right next to his driveway.  She claimed that it was "finders keepers" or some lame excuse like that.

GRANITEstateMP

I've told a few folks to kindly unload my wood from their vehicles!  I'd probably have had no problem if they asked, but they didn't and I caught them.  I did see one guy grabbing some wood that I hadn't had a chance to truck back to the house, I let me kept on going, it was covered in poison ivy - got plenty of that!
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ReggieT

Quote from: Jeff on November 03, 2015, 09:46:21 PM
Quote from: ReggieT on November 02, 2015, 12:27:24 AM
Yet, since we're discussing it "publicly" ...one of your fellow administrators did PM me and thought you had "woodshedded" it in error!!
All is well & I'm at peace...  smiley_sun

Um...No I did not say I thought he did it in error. I said I didn't know anything about it. To be exact,

Quote from: Jeff on November 01, 2015, 09:25:41 PM

Couldn't tell ya. I didn't have anything to do with it.
I went and looked. Mooseherder moved it. Maybe he didn't mean to. Shoot him a message and ask him.
That was my interpretation...when you stated,"...Maybe he didn't mean to. Shoot him a message and ask him."
It's all good & it's all over!
No offense intended or taken..."Big Boy Pants" always! lol ::)

ReggieT

Quote from: Mooseherder on November 04, 2015, 06:37:34 AM
I am going to put back the original Post titled Firewood Poaching that was brought to our attention along with subsequent replies that followed.  I think his question is more intent on Roadway downed trees over Utility lines.
Jeff knows that on a couple of occasions I have accidently deleted a post with an inadvertent swipe touch while on my IPad but this wasn't one of those times.   Posts that I accidently deleted were restored.
Feelings were probably hurt over being sent to the woodshed and I understand that. I could have deleted the original post and subsequent replies instead of moving the thread as one but then someone would be wondering what happened to their post.
It really wasn't such a big deal and since this wasn't normal behavior from this member he wasn't even issued a warning.  He was upset about not being contacted and allowed to edit his post.  That would of meant having to leave it up until he did change it. 
As a wise man who hangs out here likes to say.

Carry On!

Quote from: ReggieT on October 31, 2015, 09:39:04 PM
On a road trip a few days back I noticed a couple guys cutting up a bunch of downed tree's just 25 feet or so off the road.
It was close to a handy bathroom exit so I decide to be nosy.
I told him I'm always interested in extra firewood and who could I talk with to get some of these downed tree's?

His reply, "Let yer f@#$%^& conscious" be yer guide!! go_away

I said, "what in the hell are you talking about", while monitoring any quirky moves, he says, "what I mean is I don't ask nobody s---, I just see a lot of easy wood, keep an eye out fer the "Law Dogs", I drop em, he limbs em, and we both load em in the bed and trailer then we haul ass Bubba!
So fer we got dam near 30 cords of oak, ash and hackberry stacked up.
He says he has conversations with the State Troopers & Deputies on the regular...and they NEVER hassle him or make him stop! ::)
I know this guy is an idiot & unethical and will eventually bite the dust, but if you cut some without it being illegal I'd like to find out?

Who are the authorities to see about cutting wood off the highways and so forth?
Thanks,
Reg

Quote from: starmac on October 31, 2015, 11:37:02 PM
I would think the land owner joining the highway at that point, but it may vary.
Here we have wood cutting areas on forest service land. You have to go to the forest service officae and get a permit, good for 3 cords. This is for personal use only, you do not want to be caught selling firewood from one of these areas. I have bought the permits, and cut wood, but have never been checked at all, so I don't know how they enforce the three cord deal.
Today I was hauling an excavator into a logging sale and did meet a firewooder on his way out, followed by a trooper, wheather he checked the guy out or not, I don't have a clue. The only other time I have seen a trooper back in there is during moose season, though.
I do know lots of folks forget to buy the permit though.

Quote from: SwampDonkey on November 01, 2015, 04:02:30 AM
Those guys kind of remind me of what mother and I saw in the Walmart parking lot yesterday. There is a steel containment unit at the edge of the lot for clothing donations left for pickup to sell and give proceeds to the Diabetes Association. There was a guy in a car stopped there and rummaging through all the bags that couldn't be fit into the unit (surplus) for stuff he wanted and tossed them in the car. First off, if he can afford a car to drive around he's probably better off than ones than can't. I'm also thinking that steeling from charity is likely illegal. This was right out in plain view, for all to watch. By the looks of the containment unit, someone hadn't been around to collect for some time.

You see all kinds of stuff in this world.  ::)
Awesome job Mooseherder...I'm in a peaceful place brother.
It's always great when people take in consideration your patterns, character, and body of work...this is great place for info & great Moderators.
BRAVO!  8)
Thanks,
Reg

stumpjumper83

Ok, this is my understands as a landowner and a contractor in pa.  A right of way is just that, the landowner is giving someone else permission to pass.  In the case of a highway, the passer by is granted access third party.  Penndot holds the right of way, and your registration gives you permission to travel on it, not log it.  In the case of a utility company, unless your given permission to use it, your trespassing on both the landowner and the utility because your not granted the r.o.w., the utility was, therefore taking anything would be theft, and punishable as such.

Technically a tree that falls across the road is penndots duty to remove from the cartway, but the landowners property.

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