Legal side of things, boys and girls
We manage people, and then in turn the property that contains trees.
JPS is right; I have been involved in two trials recently, one dealing with utility easements; the other with the width of road R-O-W maintenance.
Past practice can sometimes come into play. It has been 7 months on the one court case, and we still have no judge's ruling. The plaintiff's attorney in her closing argument states that topping the trees is reasonable and we should have to continue to do it. Sad...
This was after two full days of testimony from three arborists and an engineer with the combined years of experience at around 125. Another issue to remember in utility maintenance is that little thing called an easement. There are places all over the country where areas were bypassed when power was originally brought into an area due to land owner refusal. Now, 40 to 50 years later (or more) the land is developed, split apart whatever, and there may or may not be an original easement concerning the utilities.
We have very strong first amendment rights that protect our property rights and the freedoms that go with them. I believe in these rights, yet understand the necessary clearance that has to be maintained to secure uninterupted power safely.
So, if you professionals dealing with utility line clearances have not maintained the needed clearances in the past, make sure that all avenues are researched and all lines of communication explored prior to "widening" this "easement" strip. I have done years of research now on many easement types, and in many cases, if the "powers that be" state that yes, the easement is there, but expanding it is not a right of the easement. We just finished a trial here involving the county highway department. To make a long story not quite so long, the county says they have the right to clear cut all trees to 4-rods.
No matter where the court rules the line should be drawn, it is very sad that while during the time of the trial, a dead spar fell into the ditch (nearly on the road surface) of a road the county reconstructed two years ago) and it lay there for three weeks because "the crews are so busy" I was told; yet the county removed about 40 trees at the very edge of said right of way and most of them were solid sugar maples. What is the nice part of any trial is getting to answer under oath the truth about trees, and we know the answers better than most. Not all of the answers all of the time, but most of the answers most of the time which beats our nearest competitor!
Another answer that I use for, shall I say, "the people in search of education", is, "Allow the crew to make the right cut for your tree." Most will agree that something has to be done, but that they don't want the tree to "look like the last time". Use all of the tools then to show them in "their" tree where the best place to "care" for it is, and often times then the easement width doesn't even come up. After all, what tree that grows to a height greater than the height of the lines is square on one side?
I know this got lengthy, but hopefully part of it was useful.