Tree Protection in Portland, ME: What Residents Actually Need to Know

If you live in Portland or are thinking about moving there, tree protection are one of those things you probably won't think about until they affect you directly. Portland has 5 specific rules on the books covering different aspects of tree protection, and some of them might surprise you.

Protected Tree Species

Portland's Heritage Tree definition automatically covers any tree on the Maine Big Tree List and any native rare or threatened species, regardless of diameter — and statewide Shoreland Zoning further restricts cutting within 250 ft of protected waters.

Key details: Big Tree list: Maine Forest Service Register of Big Trees. Native rare/threatened: Auto-Heritage regardless of DBH. Shoreland Zoning: 38 M.R.S. § 435; 75-ft no-cut buffer. Shoreland penalty: Up to $2,500/violation under 38 M.R.S. § 441.

Heritage Tree violations are enforced under Sec. 1-15 ($100–$500 per offense, per day). Shoreland Zoning violations are also enforceable under 38 M.R.S. § 441 with civil penalties of up to $2,500 per violation and per-day continuing-violation penalties. Maine Endangered Species Act violations are state-enforced civil offenses.

Parkway Planting

Under Portland Code Ch. 29 Sec. 29-18, planting any tree in a street, park, or public place — including the parkway strip between curb and sidewalk — requires a permit from the City Arborist, and species must be selected from the City's recommended/approved street tree list.

Key details: Permit required: Yes — Sec. 29-18 (City Arborist). Approved species list: City of Portland Recommended Tree List. Right-of-way care: City Arborist; volunteers via Re-Forest the City. Coastal factor: Salt-tolerant species preferred.

Planting in the public right-of-way without a Sec. 29-18 permit, or planting a non-approved species, is a violation of Chapter 29 punishable under Sec. 1-15 by a fine of $100–$500 per offense (each day a separate violation). The City may also require the unauthorized tree to be removed or replaced at the owner's expense.

Tree Removal Permits

Portland Code of Ordinances Chapter 29 (Vegetation) requires a permit from the City Arborist before any person may plant, prune, remove, cut, or otherwise disturb any tree growing on a street, park, or other public place — including the strip between the curb and sidewalk.

Key details: Governing chapter: Portland Code Ch. 29 (Vegetation), Sec. 29-18. Issuing authority: City Arborist, Parks, Recreation & Facilities Dept.. Contact: 207-808-5400 / trees@portlandmaine.gov. General penalty (Sec. 1-15): $100–$500 per day, per offense. Emergency authority: City Arborist may verbally authorize hazard removal.

Violations of Chapter 29 are punishable under the general penalty in Portland City Code Sec. 1-15: a fine of not less than $100 and not more than $500 per offense, with each day of continuing violation a separate offense. Unpermitted work on a public tree may also trigger a written stop-work order issued by the Director of Parks, Recreation, and Facilities or designee.

Compared to other cities, Portland takes a harder line on tree removal permits. The enforcement and penalty structure reflects that.

Tree Replacement Requirements

Portland Code Ch. 29 requires replacement trees when a permitted street tree or Heritage Tree is removed, and allows a fee-in-lieu payment to the City's Tree Trust when on-site replacement is impractical.

Key details: On-site replacement: Required by default for Heritage Trees. Species/size: Same or similar; substitutes with Arborist approval. Fee-in-lieu: Payment to Tree Trust per City Arborist schedule. Re-Forest the City: WENA volunteer planting program.

Failure to comply with a replacement condition imposed in a permit is a violation of Chapter 29 punishable under Sec. 1-15 ($100–$500 per offense; each day separate). The City may also withhold future permits or pursue civil enforcement until the replacement obligation or Tree Trust payment is satisfied.

Heritage & Protected Trees

Adopted as Order 26-20/21 effective August 13, 2020, Portland's Heritage Tree Ordinance (Ch. 29) requires a city permit before any healthy Heritage Tree on private property within a designated historic district may be removed or extensively pruned.

Key details: Adopted: Order 26-20/21, effective Aug. 13, 2020. Scope: Private property inside Portland historic districts. Shade tree threshold: 24 in. DBH. Ornamental tree threshold: 12 in. DBH. Replacement: Same/similar species & size, or pay Tree Trust.

If removal begins without a Heritage Tree Removal Permit, the Director issues a written stop-work order, mailed to the owner and posted conspicuously at the front of the property. Violations are punishable under Sec. 1-15 by a fine of $100–$500 per offense, with each day of continuing violation a separate offense. The Director may also require replacement planting or payment to the Tree Trust as a condition of resolving the violation.

This is one of the stricter rules in Portland's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

The Bottom Line

Portland is tougher than many cities when it comes to tree protection. Out of the 5 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Portland, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

All of the above reflects Portland's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.