Maine state law: street-tree and parkway planting

Maine state law assigns formal authority over public-way tree planting to a municipal Tree Warden. Per 12 MRS § 8401 et seq. (Municipal Tree Warden), each Maine municipality may appoint a Tree Warden who has 'control of all public shade trees, shrubs and woody plants in the public ways of the municipality' and the power to issue planting and removal permits, designate Public Shade Tree status, and assess damages for unauthorized cutting under 12 MRS § 8408. Resident planting in the parkway strip without Tree Warden approval is unauthorized, and removal of any Public Shade Tree without a Tree Warden public-hearing order is prohibited under 12 MRS § 8404 (Hearing required). On state highways and within state DOT rights-of-way, plantings require a separate driveway/encroachment permit from Maine DOT under 23 MRS § 1851 et seq. Species choice — drought tolerance, mature canopy size, no-invasive (per 7 MRS § 605-A), utility-line clearance below distribution lines — is set by municipal Tree Wardens advised by the Maine Forest Service Project Canopy program. Damage to a public shade tree is a Class E crime or civil offense under 12 MRS § 8408 plus treble damages under 14 MRS § 7552.

Unauthorized cutting of a public shade tree: damages assessed by the Tree Warden under 12 MRS § 8408 plus treble damages under 14 MRS § 7552. Planting in a state DOT right-of-way without an encroachment permit: removal at owner's expense plus civil penalties under 23 MRS § 1851 et seq.