How Nashua Handles Tree Protection: A Practical Guide

Nashua maintains 106 local ordinances across all categories, and 4 of those deal specifically with tree protection. Here is a breakdown of what the city actually requires, what is prohibited, and where Nashua falls on the strict-to-permissive spectrum compared to other cities.

Tree Ordinances

Nashua's tree-protection framework rests on four pillars: (1) the Board of Public Works' City Charter authority over all trees standing in streets and public ways; (2) Chapter 190 Article XI (Wetlands) protection of trees in delineated wetlands and buffers; (3) Chapter 190 Article XXVII (Landscaping) requirements for required landscape material on site-plan-approved developments; and (4) the Tree City USA program's tree-care ordinance, per-capita budget, and Arbor Day proclamation. New Hampshire's statewide tree-warden statute is RSA 231:139 (Title XX, Transportation), and public shade-tree protection is governed by RSA 231:139-158.

Key details: Charter Authority: Nashua Board of Public Works — streets / public ways. Wetlands Authority: Ch. 190 Article XI + Conservation Commission. Landscape Authority: Ch. 190 Article XXVII + Planning Department. State Tree Warden Law: NH RSA 231:139 (Title XX, Transportation). State Public Tree Removal: NH RSA 231:145 / 231:147 / 231:158.

Damage to or unauthorized removal of a tree in a Nashua street or public way is enforced as damage to public property under the Charter and Revised Ordinances and under NH RSA 231:158 (intentional injury to public shade trees). Violations of Article XI (Wetlands) tree-removal standards are enforced by the Conservation Commission and Planning Department with restoration orders, civil penalties, and stop-work authority. Article XXVII required-landscape-material violations are enforced by the Planning Department and Building Safety. Wetland or buffer work without an NH DES Wetlands Permit is enforced by NH DES under RSA 482-A. Tree damage on a neighbor's land triggers civil damages under NH RSA 539:1 — up to ten times the value of the tree for willful and knowing damage.

Heritage & Protected Trees

Nashua does not have a dedicated heritage, specimen, or champion tree designation program in its Revised Ordinances. Public trees standing in Nashua streets and public ways are protected under the Board of Public Works' general authority and NH RSA 231:139 et seq.; private trees are protected only insofar as they fall within an Article XI wetland buffer, are required landscape material under Article XXVII, or were designated for retention on an approved site plan. The NH Big Tree Program (UNH Cooperative Extension) maintains the statewide register of champion trees by species.

Key details: Heritage Designation Program: None in Nashua code. Statewide Champion Registry: NH Big Tree Program (UNH Cooperative Extension). Public Tree Authority: Board of Public Works + NH RSA 231:139 et seq.. Wetland Tree Protection: Article XI buffers 20-75 ft (100 ft vernal pool). Tree City USA: Nashua — designated by Arbor Day Foundation.

There is no specific heritage-tree penalty in the Nashua code. Damage to or removal of a tree standing in a Nashua street or public way is enforceable as damage to public property and under NH RSA 231:158. Tree removal in violation of Article XI (wetlands) or Article XXVII (required landscape material) is enforced by the Planning Department, Conservation Commission, and Building Safety. Tree-damage claims on private property follow NH RSA 539:1, which allows up to ten times the value of the tree for willful and knowing damage.

The rules around heritage & protected trees in Nashua lean permissive, but that does not mean anything goes.

Tree Removal Permits

Nashua does not require a general tree-removal permit on private residential lots. City review attaches only when (1) the tree stands in a wetland or wetland buffer under Article XI of Chapter 190, (2) the tree is required landscape material under Article XXVII, (3) the tree was designated for retention on an approved site plan or subdivision plat, or (4) the tree stands in a Nashua street or other public way — in which case Board of Public Works approval is required. NH DES Wetlands Permits under RSA 482-A may also be required for tree removal in wetlands and wetland buffers.

Key details: General Permit: Not required on private residential lots. Wetlands Trigger: Article XI Ch. 190 — Conservation Commission review. Site-Plan Trigger: Article XXVII — Planning Department approval. Public Trees: Board of Public Works approval required. State Wetlands Permit: NH DES under RSA 482-A.

Unauthorized removal of an Article XI wetland-buffer tree, Article XXVII required landscape tree, or a designated retention tree is a Chapter 190 violation enforced by the Planning Department and Building Safety with civil penalties, replanting orders, and stop-work authority. Unauthorized removal of a tree in a Nashua street or public way is enforceable as damage to public property and under NH RSA 231:158. Wetland work without DES approval is enforced under RSA 482-A by NH DES with restoration orders and penalties.

Tree Replacement Requirements

Chapter 190 Article XXVII of the Nashua Land Use Code requires that all required landscape material — including required shade trees — be maintained in a healthy, growing condition. Dead, diseased, or damaged required plantings must be replaced in the next appropriate planting season. Replacement trees must meet the same Article XXVII standards: deciduous shade trees with a minimum trunk caliper of 2½ inches measured 6 inches above grade, or evergreen trees at least 6 feet tall, hardy for the Nashua botanical zone. Removal or destruction of a tree in a Nashua street or public way may also require replacement to the satisfaction of the Board of Public Works.

Key details: Replacement Authority: Article XXVII Ch. 190 — Planning Department. Replacement Trigger: Dead, diseased, or damaged required landscape material. Replacement Timing: Next appropriate planting season. Deciduous Caliper: 2½ in measured 6 in above grade. Evergreen Height: Minimum 6 ft.

Failure to replace dead, diseased, or damaged required landscape material under Article XXVII is enforced by the Planning Department and Building Safety with written notice and civil penalties. Damage to a public tree in a Nashua street or public way is enforced as damage to public property with restitution and replacement; the Board of Public Works sets the replacement standard. NH RSA 539:1 allows up to ten times the value of the tree for willful and knowing damage to trees on the land of another and treble damages for carelessness. NH RSA 231:158 penalizes intentional injury to public shade or ornamental trees without the tree warden's or governing body's consent.

The Bottom Line

Nashua's tree protection rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Nashua is broadly strict or permissive.

These rules come from Nashua's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.