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.
