FAIRHOPE, Ala. — The apparent illegal cutting of trees along U.S. 98 in front of a new shopping center and near the construction site of a bank, has drawn the attention of the Alabama Department of Transportation and resulted in an internal investigation by an adjacent property owner.

“This was not a permitted cutting,” said Vince Calametti, a senior engineer in ALDOT’s Mobile office. “In these types of cases, we determine who did the trimming, and then we usually work out some kind of mediation with the responsible party.”

The cutting of small trees and underbrush along the state right of way in front of The Shoppes at Fairhope Village, and near the construction site of a future Iberia Bank, was discussed at a recent Fairhope Tree Committee meeting.

That committee voted to send a letter to the city of Fairhope to determine who was responsible and to impose a penalty and require restitution for the unpermitted cutting. However, Mayor Tim Kant said later that the city did not have enforcement authority over the property in that state right of way, citing an opinion solicited from the Alabama League of Municipalities after the Tree Committee meeting.

“As far as any violation on the state right of way, it’s the sole responsibility of the state, and if somebody did work on that right of way, then it will be the responsibility of the state to ask who went on the right of way without a permit,” Kant said recently. “The state normally has a policy that they don’t take anyone to court. Instead, they try to work out differences.”

Calametti said any cutting of trees or brush, no matter how small, has to be permitted in advance before any legal cutting or trimming could occur.

“It still has to be permitted,” said Calametti, referring to the cutting of underbrush, as well as trees. “We’re going to ask the adjacent property owners if they knew who it was that did the cutting and take it from there.”

Most cases involved replanting of similar trees or vegetation, although in some cases it has required a two-to-one replanting for the trees removed, he said.

The state right of way in question runs along the eastern side of U.S. 98 in front of the shopping center anchored by a Publix Super Market that opened last year.

Efforts to reach Regency Centers Corp., the developer and owner of the shopping center, for comment were unsuccessful.

“Absolutely not,” said Russ Ford, Iberia Bank’s executive vice president and regional president for the Mobile area, regarding whether the bank had ordered the cutting on the state right of way, which is located next to its construction site at the corner of U.S. 98 and Parker Road. “We were very much aware of the city’s desire not to have that property touched. We went so far as to put a perimeter fence around our parcel of property to ensure that no one from the site could even walk onto the state land.”

Ford said the general contractor for the new bank is Lincoln Builders, a company they have often used to build other branch banks for their company, which is headquartered in Lafayette, La.

“Because there was some questioning about the cutting of the trees, we went ahead and started an internal investigation to figure out what happened,” Ford said Thursday. “We love Fairhope. We’re going to be a good corporate citizen and do whatever we need to do to comply with the requirements set forth by the city.”

Iberia Bank had not yet been contacted by ALDOT regarding the tree-cutting issue, he said.

After print press deadline, Chris Widmayer of Regency Centers Corp. said that company had not yet been contacted by ALDOT about the tree-cutting issue.