Massachusetts Statewide Rule
Massachusetts Heritage Tree and Scenic Road Protection
Key Facts
- Statute
- G.L. c. 40 Sec. 15C
- Protected Items
- Trees, stone walls
- Hearing Required
- Yes, planning board
- Combined With
- Public Shade Tree Law
Summary
Massachusetts Scenic Roads Act protects trees and stone walls along designated scenic roads, requiring public hearing before any removal or alteration.
After a road has been designated as a scenic road any repair, maintenance, reconstruction, or paving work done with respect thereto shall not involve or include the cutting or removal of trees, or the tearing down or destruction of stone walls, or portions thereof, except with the prior written consent of the planning board, or if there is no planning board, the selectmen of a town, or the city council of a city, after a public hearing duly advertised twice in a newspaper of general circulation in the area, as to time, date, place and purpose, the last publication to occur at least seven days prior to such hearing
Full Breakdown
G.L. c. 40 Section 15C, the Scenic Roads Act, allows municipalities to designate roads as scenic. Once designated, no tree within the right-of-way may be cut or removed and no stone wall destroyed without prior written consent of the planning board after a public hearing with notice. The protection is in addition to public shade tree protections under c. 87. While designation is local, the procedural protections and statewide standard for hearings are dictated by state law and cannot be weakened by municipalities.
Violations & Penalties
Cutting or removal without planning board consent violates state law and exposes the violator to injunctive relief and replacement costs.
Frequently Asked Questions
How is a scenic road designated?
Does the law protect trees on private property?
Sources
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