New Hampshire Statewide Rule
New Hampshire Utility Vegetation and Shade Tree Laws
Key Facts
- Statute
- RSA 231:139-152
- Authority
- Tree warden
- Hearing Required
- For public tree removal
- Penalty
- Up to triple tree value
Summary
New Hampshire RSA 231:139-145 governs trimming of shade and ornamental trees within public rights-of-way. Tree wardens have statewide authority, and removal of public shade trees requires notice and hearing procedures that municipalities cannot bypass.
I. No licensee shall have the right to cut, prune, or remove any shade or ornamental tree, for the purpose of erecting or maintaining poles or structures or installing wires or other attachments or appurtenances thereto, without obtaining the consent of the owner of the land on which such tree grows. The receipt of a license to erect and maintain such equipment pursuant to RSA 231:160 and RSA 231:160-a includes consent to cut, prune, or remove shade or ornamental trees growing on land located within the public right-of-way, or which may fall upon the right-of-way, that pose a danger to the reliability of equipment installed at or upon licensed utility facilities. Nothing in this section shall affect the right of the landowner to the cordwood or timber that results from the activities of a licensee under this subdivision.
Full Breakdown
RSA 231:139 designates highway agents or selectmen as tree wardens with authority over public shade and ornamental trees in rights-of-way. Under RSA 231:140, public shade trees cannot be cut, trimmed, or removed without permission of the tree warden, and public hearings are required for removal of trees over a specified size. Utility companies must coordinate with tree wardens before line-clearance pruning. RSA 231:145 establishes penalties for unauthorized cutting. The Public Utilities Commission regulates utility vegetation management, and homeowners abutting public ways cannot independently remove public shade trees even when overhanging their property.
Violations & Penalties
Unauthorized cutting of public shade trees carries fines up to three times the value of the tree under RSA 231:152, plus potential criminal mischief charges.
Frequently Asked Questions
Can I trim a town tree overhanging my New Hampshire yard?
Who decides if a public tree is removed in New Hampshire?
Sources
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