Bristol County, MA Tree Protection: Heritage & Protected Trees (2026)
Key Facts
- Typical Threshold
- 24+ inch DBH
- State Law
- MGL c. 87 §§3-6
- Removal Review
- Select Board/ConCom
- Historic Trees
- MGL c. 40C review
Summary
Heritage and specimen trees in Bristol County receive enhanced protection under local bylaws and MGL c. 87. Historic districts and conservation land have added restrictions.
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 [...]. Any person injured in his property by the action of the officers in charge of the public shade trees as to the trimming, cutting, removal or retention of any such tree, or as to the amount awarded to him for the same, may recover the damages, if any, which he has sustained, from the town under chapter seventy-nine.
Full Breakdown
While Massachusetts has no statewide heritage tree statute, Bristol County municipalities protect notable trees through local bylaws and MGL c. 87 §§3-6 (public shade trees). Specimen trees are typically defined by trunk diameter (24+ inches DBH), species rarity, historical significance, or ecological value. Dartmouth, Westport, and Fairhaven have adopted specimen-tree provisions in local bylaws. Removal of a designated heritage or specimen tree generally requires enhanced review through the Select Board, Conservation Commission, or Historic District Commission depending on location. Trees within Local Historic Districts (New Bedford, Taunton, Fall River HDCs) trigger MGL c. 40C review. Construction projects must install root-zone barriers; construction damage triggers fines and remediation under local bylaw.
Violations & Fines
Unauthorized removal of heritage tree: $2,000 to $25,000 plus replacement value under MGL c. 87 §6. Construction damage: $1,000 to $10,000 plus remediation costs. HDC violations: additional penalties.
Frequently Asked Questions
What are typical penalties for violating heritage trees rules?
Sources & Official References
Other rules in Bristol County
Compare Bristol County to another location·View the Massachusetts tree protection overview
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