Tree removal permit rules in Nashua, NH — sometimes called heritage tree, protected tree, or street tree ordinances — list which trees require a permit before you can cut them down.
Tree removal on private residential property in Nashua is generally not subject to a City removal permit, except where the tree is in a designated wetland or wetland buffer (Article XI of Chapter 190), within required landscape material under Article XXVII, designated for retention on an approved site plan, or in a regulated conservation area. The Board of Public Works has full control over the removal of any tree standing in a Nashua street or public way. NH RSA 231:145 governs the declaration and removal of public-highway trees deemed nuisances.
Nashua does not impose a general tree-removal permit on healthy trees located on private single-family lots. City review attaches when a removal proposal intersects with one of four regulatory triggers: (1) Wetlands & Wetland Buffers — Chapter 190 Article XI classifies wetlands as prime, critical, other, and vernal pool, with buffers ranging from 20 to 75 feet (100 feet for vernal pools); landscape work including tree removal in those areas requires Conservation Commission review and may also require an NH DES Wetlands Permit under RSA 482-A. (2) Required landscape material — Article XXVII landscaping required as part of an approved site plan may not be removed without Planning Department approval and must be replaced in the next planting season if damaged or dying. (3) Designated retention trees on an approved plan must remain in place. (4) Trees in the public right-of-way, parks, cemeteries, or other public grounds are under the full control of the Board of Public Works and may not be removed without Board authorization. NH RSA 231:145 provides that the commissioner of transportation and local governing bodies may declare highway trees a nuisance due to danger to the traveling public, spread of disease, or utility-reliability issues and remove them without compensation to the abutter, with emergency removals allowed when delay would pose an imminent threat. NH RSA 231:147 protects citizens from removal of healthy public shade trees without notice and an opportunity to be heard.
Unauthorized removal of a tree subject to Article XI (wetlands), Article XXVII (required landscape material), or a retention condition is a Chapter 190 violation enforced by the Planning Department and Code Enforcement with civil penalties and replacement obligations. Unauthorized removal of a tree in the Nashua public way is enforceable as damage to public property and under NH RSA 231:158. Wetland buffer work without DES approval is enforced by NH DES under RSA 482-A.
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