Portland Code Chapter 29 protects 'Heritage Trees' on private property in historic districts (Sec. 29-1 through 29-15) and requires a city arborist permit before pruning, removing, or even disturbing roots within 20 feet of any public-place (street) tree (Sec. 29-18, 29-24). 'Tree topping' counts as removal.
Chapter 29, Article I (Heritage Tree Protection Ordinance, Ord. No. 26-20/21) defines a Heritage Tree as any tree on private property in a designated historic district that is either on the Maine Big Tree List, is 24+ inches DBH of listed shade/native species (oaks, maples, hickory, elm, etc.), is 12+ inches DBH of listed ornamentals (dogwood, magnolia, etc.), or is a stand of rare native species like Atlantic White Cedar (Sec. 29-3). No person may remove a Heritage Tree on private property in a historic district without a tree-removal permit from the City Arborist (Sec. 29-5). 'Removal' includes excessive pruning and 'tree topping' — cutting limbs to stubs larger than 3" within the tree's crown (Sec. 29-3). Replacement caliper must equal the removed tree's DBH (Sec. 29-7); payment to the Tree Trust (Sec. 29-14) may be made in lieu of planting. Chapter 29, Article II governs ALL trees in public places: Sec. 29-18 requires a city arborist permit to plant, spray, fertilize, prune, or remove any street, park, or public-place tree; Sec. 29-20 requires owners abutting any street to maintain 10' clearance over sidewalks, 12' over streets, and 16' over truck routes; Sec. 29-24 prohibits excavating within 20 feet of any public tree without a written arborist permit.
Removing a Heritage Tree without a permit triggers Sec. 29-11: the owner must apply for a permit within 30 days, and each business day past 30 is a separate civil violation subject to Portland City Code § 1-15 penalties. A stop-work order may be posted. Abuse or mutilation of public trees (Sec. 29-21) allows the City to recover the cost of repair or replacement, and to seek injunctive relief in court. Permitting & Inspections enforcement: 207-874-8703.
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