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Bristol County, MA Tree Protection: Heritage & Protected Trees (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 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.

These county ordinances apply to unincorporated areas of Bristol County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

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.

Source: MGL c. 87 §3 (Public Shade Trees)View official code

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?
Most Bristol County tree protection violations start with a written warning followed by escalating civil fines for repeat offenses. Specific dollar amounts and any criminal-misdemeanor exposure depend on the section of code; consult Bristol County's municipal code or staff for the current penalty schedule.

Sources & Official References

Other rules in Bristol County

All Bristol County rules

Compare Bristol County to another location·View the Massachusetts tree protection overview

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