The Nashua Board of Public Works has cognizance, direction and full control of the planting and care of trees standing in the streets and public ways. Routine pruning of healthy trees on private property is not subject to a Nashua permit. Trees within the public right-of-way, on parks, or other public land are maintained by the City; residents must obtain Board of Public Works authorization before pruning, removing, or otherwise altering a street tree or other public tree. Eversource and other utilities prune for line clearance under their easements.
The Nashua Charter and Revised Ordinances vest the Board of Public Works with full control of the construction, alteration, cleaning, watering and repair of streets, highways, bridges and sidewalks, and the planting and care of trees standing in the streets and public ways. The Board consists of four elected commissioners plus the Mayor (as Chairman) and an Aldermanic Liaison. Routine pruning of healthy trees on private residential property is not regulated by City permit. New Hampshire common-law tradition follows the Massachusetts Rule for adjoining-property branches: a neighbor may trim limbs and roots overhanging the property line back to the boundary so long as the trimmer does not enter the neighbor's land and does not kill the tree. NH RSA 539:1 provides for damages against any person who cuts, fells, destroys, injures, or carries away trees, timber, log, wood, pole, underwood, or bark standing or being on the land of another without the owner's leave. Trees in utility easements are pruned by Eversource Energy and Pennichuck Water (where applicable) for line and main clearance under their easement rights. NH RSA 231:158 prohibits intentional injury to public shade or ornamental trees without consent of the tree warden or governing body. Note that NH's principal tree warden statute is RSA 231:139 (Title XX, Transportation), not RSA 232.
Unauthorized cutting, pruning, or damage to a tree in a Nashua street or public way may be enforced as damage to public property under City code. NH RSA 231:158 imposes a fine for intentional damage to public shade or ornamental trees without consent. Trespass and tree damage on a neighbor's land exposes the cutter to civil damages under NH RSA 539:1 — the statute allows up to ten times the value of the tree for willful and knowing damage and treble the value if done through carelessness.
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