Can I fill in the ditch and plant trees in front of my property?

If there is a ditch along the road in front of your property you should not fill it in even if it doesn’t drain water along the road. The purpose of most roadside ditches is to prevent water from pooling on the roadway during or after a storm, to provide an area for snow storage from snowplowing operations, and to lower the water table beneath the roadbed. Filling in even a fairly shallow roadside ditch can cause serious damage to the road and pavement from frost heave and, of course, shrubs and trees planted in that area are exposed to damage from traffic, snowplowing, and sweeping operations. Please do not plant any trees or shrubs that may become a vision obstruction or that may grow into a large fixed object that presents danger to motorists anywhere inside the road right of way. Trees and ornamental plantings should be set back at least 33 feet from the center of the road, which in most cases will place them outside of the road right of way and protect them from traffic damage.