Yes, DES can legally trim trees.
- Court and legal system strongly support utilities’ rights to trim and remove trees or brush within and outside easements or right-of-ways for maintaining reliable electric system, reducing unnecessary outages, and ensuring public safety.
- According to DES Operating Policies and Procedures, DES must maintain proper clearance within a 15-foot radius of distribution lines.
- DES policy is in accordance with Tennessee Code Annotated 65-23-106 which gives Public Utilities and Carriers the power to “use any right-of-way, easement or other similar property right necessary or convenient in connection with the acquisition, improvement, operation or maintenance of a system or systems, held by the state or any political subdivision thereof; provided, that the governing body of such political subdivision shall consent to such use [Tenn. Code Ann. § 65-23-106(8)].”