Massachusetts Statewide Rule
Massachusetts Public Shade Tree Removal Hearings Required
Key Facts
- Statute
- MGL Chapter 87 Section 3
- Hearing Notice
- 7 days minimum
- Tree Size Threshold
- 1.5 inches diameter
- Approval
- Tree warden plus selectboard
Summary
MGL Chapter 87 mandates a public hearing and tree warden approval before removing any public shade tree, with specific procedures protecting larger trees and creating statewide minimum standards.
Section 3: Cutting of public shade trees; public hearing; damages to fee owner Section 3. Except as provided by section five, public shade trees shall not be cut, trimmed or removed, in whole or in part, by any person other than the tree warden or his deputy, even if he be the owner of the fee in the land on which such tree is situated, except upon a permit in writing from said tree warden, nor shall they be cut down or removed by the tree warden or his deputy or other person without a public hearing and said tree warden or his deputy shall cause a notice of the time and place of such hearing thereof, which shall identify the size, type and location of the shade tree or trees to be cut down or removed, to be posted in two or more public places in the town and upon the tree at least seven days before such hearing and published in a newspaper of general circulation in the city or town once in each of two successive weeks, the first publication to be not less than seven days before the day of the hearing or if no such local newspaper exists then in accordance with the provisions of section six of chapter four;
Full Breakdown
Chapter 87, Section 3 requires that no public shade tree may be cut, trimmed, or removed without a public hearing, advertised at least seven days in advance and posted upon the tree itself. Trees with a diameter of one and one-half inches or more measured one foot from the ground qualify as public shade trees if growing in a public way. Section 4 allows removal only after the warden makes findings, and Section 5 requires the mayor or selectboard's approval if any objection is filed. These rules cannot be relaxed by municipalities and form a uniform statewide floor.
Violations & Penalties
Removing a public shade tree without proper hearing under Chapter 87, Section 6 results in fines up to $500 per tree plus liability for actual or treble damages in civil court.
Frequently Asked Questions
Can a Massachusetts city skip the public hearing for tree removal?
What if a public shade tree is dead or hazardous?
Sources
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