Massachusetts Statewide Rule
Massachusetts Public Shade Tree Law and Trimming Rules
Key Facts
- Governing Law
- MGL Chapter 87
- Authority
- Local tree warden
- Hearing Required
- Trees 1.5 inches diameter or more
- Maximum Fine
- $500 per tree
Summary
Massachusetts General Laws Chapter 87 establishes statewide rules governing the trimming, pruning, and care of public shade trees, requiring a tree warden's authorization for cutting in public ways.
Section 5. Tree wardens and their deputies, but no other person, may, without a hearing, trim, cut down or remove trees, less than one and one half inches in diameter one foot from the ground, and bushes, standing in public ways; and, if ordered by the mayor, selectmen, road commissioners or highway surveyor, shall trim or cut down trees and bushes, if the same shall be deemed to obstruct, endanger, hinder or incommode persons traveling thereon or to obstruct buildings being moved pursuant to the provisions of section eighteen of chapter eighty-five.
Full Breakdown
Under Chapter 87 of the Massachusetts General Laws, all trees within a public way or on its boundary are public shade trees under the jurisdiction of the local tree warden. Section 3 requires a written permit and a public hearing before cutting or removing any public shade tree one and one-half inches or more in diameter; only trees smaller than that may be removed without a hearing. Private owners may trim trees on their own land freely, but trimming or cutting public shade trees, including overhanging branches in the public right-of-way, requires the tree warden's permission.
Violations & Penalties
Unauthorized cutting or injury of a public shade tree under Chapter 87, Section 6 carries fines up to $500 per tree, plus liability for treble damages.
Frequently Asked Questions
Can I trim a public shade tree in front of my Massachusetts home?
Does Chapter 87 apply to trees entirely on my private property?
Sources
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