Maipú once again blamed Provincial Roads for the fall of the tree that killed a man

From that perspective, in Vialidad they said that Maipú could have removed the trees beforesince -according to the residents- the claim for the problem in Bombal Colony is at least 7 years old. “They are the first line where the concerns of the community arrive,” they argued.

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Maipu’s response

However, since Maipu They replied that the neighbors filed a file in the commune at the end of 2021 and that, as the trees are not in municipal jurisdiction but on a provincial routethe information was transferred to Roads in January 2022. They add that the file stopped at one of the offices in the province.

“Us we could not act on those trees because resolution 92 stipulates that the organizations can act directly but on the trees that are within their jurisdiction, not on another. The regulations are very clear. And those specimens, when growing on a provincial road, they are jurisdiction of Highway“, he stressed in dialogue with UNO Gina ColomboUndersecretary of the Maipucina Government.

Indeed, in the Article 1 of Resolution 92 reads the following:

resolution 92 article 1.jpg

“The truth is that this tragedy has lately mobilized provincial entities that they should have acted before“Colombo criticized.

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The old trees are already being removed.

For now, this Wednesday work began to remove more than 200 old trees that are in danger of collapsing in Colonia Bombal. And it was the municipality that took over these tasks.

From Maipú they reinforce their argument highlighting that if those foresters were their responsibility, they would not have come from the offices of Provincial Highway the authorization for the commune to start felling and delimbing the specimens in poor condition.

Tree cutting in Colonia Bombal 2 (1).jpeg

The works that are being carried out on Don Bosco street, in Colonia Bombal (Maipú).

The works that are being carried out on Don Bosco street, in Colonia Bombal (Maipú).

Colombo, the Undersecretary of Municipal Government, asserted: “There you see that it is their jurisdiction. If the problem is not in the area of ​​Highway, why would they authorize us to do the work?”.

As can be read in the document that Vialidad issued to Maipú, there is a mention of resolution 92 in the first paragraph. But this -argues the official- refers to the fact that You do not need to request authorization from the Environment to grant the logging permit to the commune.

“We were prevented from acting on that woodland simply because was not and still is not part of our jurisdictionbeyond the fact that the mayor and his team have decided to take action on the matter to avoid other accidents,” Colombo stressed.

Here, the authorization of Highway for Maipú to remove the treesdated November 22:

road authorization certificate (1).jpg

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The traffic point of view

The thing did not stop there and it is clear that the exchange seems to continue in Courts, because Highway sources insisted that Maipú could have acted earlier. In this sense, they cited the Article 47 of Law 7,874 on Public Trees.

The rule reads: “In exceptional cases of extreme urgencywhere the condition of the forester implies an imminent risk of falling, due to a dry vegetative state, sick, burned, hollowed out, serious basal deterioration, pronounced inclination and/or destabilization, the competent authorities may proceed immediately (…)“.

In that paragraph, the generic reference to the “competent authorities” -they maintain from Vialidad- it would include Maipú, the Vialidad itself and Irrigation, since they are the entities authorized to operate on the trees.

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