Just because I think it is important for town residents to know.
In Massachusetts, we are lucky to have state laws that govern and protect our public roadside trees. The best way to learn about these laws is to read them in full. You can do this by visiting your local library or the Massachusetts Legislature website at www.malegislature.gov/Laws/ GeneralLaws/. This fact sheet attempts to summarize these laws.
Which Laws Govern Public Trees in Massachusetts?
• Massachusetts General Law, Chapter 87 is the most important law governing public shade trees. It outlines the powers of the tree warden, procedures for removing shade trees, procedures for planting public trees, and penalties for violating provisions of the law.
• Massachusetts General Law, Chapter 40, Section 15C augments Chapter 87 with additional requirements concerning the removal of trees on designated scenic roads.
• Some communities also have local bylaws or ordinances governing the protection of both public and private community trees. For example, some communities might pass a bylaw to protect trees during construction or to protect trees over a certain diameter.
What are the Key Elements of Chapter 87?
• All trees within the public way or on the boundary thereof are defined as public shade trees.
• The tree warden is responsible for the care, control, protection, and maintenance of all public shade trees, except those within a state highway, and shall enforce all the provisions of law for the preservation of such trees.
• No other person may plant, trim, cut, or remove a public shade tree without permission of the tree warden.
• No person, including the tree warden, may cut, trim, or remove any tree, greater than one and one-half inches in diameter, without a public hearing.
• Public notice of a hearing must be posted, at least seven days prior to the hearing, on the trees in question, in two or more public places in town, and in a newspaper of general circulation for the town in each of two successive weeks.
• The tree warden shall not cut or remove a public shade tree if, at or before the public hearing, objection is made in writing by one or more persons, unless such cutting or removal is approved by the select board or by the mayor.
We have had and are having alot of new Building in Town and many of these landowners, like most of us do not know all the laws governing activity within land buffers................
ReplyDeleteI'm seeing more and more 3+ foot diameter trees being cut. Maybe if people understood that a tree like that is 150+ years old and not easily replaced.
Another thought is what happens to the road when to stump rots ?
Unconstrained construction changes things quickly.
Apparently the tree that I was referring to was deemed to be a safety concern by the DPW director who during a driveway inspection decided to switch hats to his "Tree Warden" hat and direct the land owner, or on sight logger to cut the tree as it interfered with the line of sight coming out of the driveway.
ReplyDeleteWhat is He going to say if everyone else on "Shady Lane" says all the 150 Shade trees are a safety concern when I'm coming out my driveway..............Many driveways on Shady lane are between two old trees............
With the DPS Director being the tree warden we appear to have a conflict. I can clearly see why Bob S DPW director dealing with paving, drainage and plowing would want clear ways 20 feet each side of road etc...........
Bob S Tree Warden Needs to follow tree warden directives that dont give a damn about new driveways or some new driveways line of sight.........
That was really the only large roadside oak left on that 300 ft portion of roadway