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Somerville, MA Invasive Plant Rules: Tree-of-Heaven Removal (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Code of Ordinances Sec. 12-102
Species excluded
Tree of Heaven (Ailanthus altissima)
Other invasive threshold
24 inches DBH triggers protection
Tree of Heaven threshold
None; never protected
Enacted
Ord. No. 2025-05, 5/8/2025

Summary

Somerville's tree ordinance singles out Tree of Heaven (Ailanthus altissima) for exclusion: unlike other invasive species, it never qualifies as a protected "significant tree" no matter its size, so removing one requires no tree permit under Sec. 12-102 and Sec. 12-112.

Significant tree means any living tree that is either: (1) not an invasive plant and is eight inches or more in DBH; or (2) is an invasive plant other than Tree of Heaven (Ailanthus altissima) and is twenty-four inches or more in DBH.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Zoning Ordinances: Revision - CodeBank PDF Post).

Full Breakdown

Section 12-102 defines "significant tree" as any living tree that is either (1) not an invasive plant and is eight inches or more in DBH, or (2) is an invasive plant other than Tree of Heaven (Ailanthus altissima) and is twenty-four inches or more in DBH. That second clause deliberately carves Tree of Heaven out of protection: every other regulated invasive species becomes a "significant tree" once it reaches 24 inches DBH and triggers the permit and replacement requirements of Sec. 12-112, but Tree of Heaven never meets either prong of the definition regardless of trunk diameter.

"Invasive plant" itself is defined broadly in the same section as a non-native plant able to establish on many sites, grow quickly, and spread to disrupt plant communities or ecosystems, including species on the Massachusetts Prohibited Plant List, of which Ailanthus altissima is a well-known member. Because Sec. 12-112's removal-permit requirement applies only to removal of "a significant tree from private property," a Tree of Heaven of any size falls outside that permit system entirely. The exclusion was added as part of the citywide tree preservation rewrite, Ord. No. 2025-05, effective May 8, 2025.

Violations & Fines

There is no permit requirement, fee, replacement obligation, or fine tied to removing a Tree of Heaven, because Sec. 12-102 excludes it from the definition of "significant tree" that triggers Sec. 12-112's removal permit. By contrast, removing a protected significant tree without a permit exposes a property owner to the tree preservation article's $300.00-per-offense fine under Sec. 12-113.

Frequently Asked Questions

Do I need a permit to remove a Tree of Heaven in Somerville?
No. Sec. 12-102 defines "significant tree," the category that requires a Sec. 12-112 removal permit, in a way that excludes Tree of Heaven entirely regardless of its trunk diameter, so no permit applies to removing one.
Why is Tree of Heaven treated differently from other invasive trees?
Other invasive species become protected "significant trees" once they reach 24 inches DBH under Sec. 12-102, but the definition specifically carves out Tree of Heaven (Ailanthus altissima), which never qualifies no matter its size.
Is Tree of Heaven still classified as invasive in Somerville's code?
Yes. It falls under the code's broad "invasive plant" definition in Sec. 12-102, covering species on the Massachusetts Prohibited Plant List; it is simply excluded from the narrower "significant tree" protection category.

Sources & Official References

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