Skip to main content
CityRuleLookup

Portland, ME Tree Protection: Heritage & Protected Trees (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing ordinance
Ord. No. 26-20/21, eff. 8-3-2020
Applies to
Heritage Trees, private property, historic districts
Permit authority
City Arborist / Parks, Rec. & Facilities Dept.
Review timeline
21 calendar days (§ 29-10)
Late-application window
30 days after unpermitted removal (§ 29-11)
General penalty
$100–$500 per offense, per day (§ 1-15)

Summary

Portland's Heritage Tree Protection Ordinance bars removing a Heritage Tree, a privately owned tree in a designated historic district meeting size, species or Big Tree List criteria, without a permit from the City Arborist. The rule covers every qualifying tree citywide, not just street trees, and pairs removal with mandatory replacement or a Tree Trust payment.

No person, directly or indirectly, shall remove any Heritage Tree on any private property within a Historic District without first obtaining a tree removal permit as provided in this article, unless specifically exempted by this ordinance.

View official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

Adopted by Ord. No. 26-20/21 on August 3, 2020 as Chapter 29, Article I of the Portland Code of Ordinances, the ordinance states its applicability plainly: it "shall apply to all trees within the City of Portland that are located on private property that meet the definition of a Heritage Tree" (§ 29-4). " Owners apply through the Parks, Recreation, and Facilities Department (§ 29-6), and the City Arborist must review the application within 21 calendar days (§ 29-10). Two narrow exceptions exist under § 29-9: emergency removal of a hazardous tree with verbal City Arborist authorization, and a waiver of requirements during a declared emergency such as a hurricane or windstorm.

The ordinance's stated purpose (§ 29-2) is to "discourage the removal or extensive pruning of Heritage Trees located in historic districts" and to require replacement of the ecological services lost when one is removed. Conflicts with other Code provisions are resolved in favor of the more restrictive rule (§ 29-12), and the ordinance took effect 30 days after Council passage, with the City Arborist required to notify the City's web page and all licensed arborists in Cumberland County (§ 29-13).

Violations & Fines

Removing a Heritage Tree without a permit does not excuse the owner from the permit process: § 29-11 requires the owner to apply for a Tree Permit within 30 days of the unpermitted removal, and every business day of continued noncompliance thereafter is a separate violation subject to the general penalty in § 1-15, a fine of $100 to $500 per offense, with each day a distinct offense. The Director of Parks, Recreation, and Facilities may issue a written stop-work order mailed to the property owner, and the city may seek injunctive relief in court against an ongoing violation.

Frequently Asked Questions

What makes a tree a "Heritage Tree" in Portland?
Under § 29-3 it must be on private property in a designated historic district and meet at least one criterion: listed on the Maine Big Tree List, a qualifying species at 24 inches DBH or greater, an ornamental species at 12 inches DBH or greater, or part of a rare native stand.
Do I need a permit before removing a Heritage Tree?
Yes. Section 29-5 prohibits removing a Heritage Tree on private property within a Historic District without first obtaining a tree removal permit from the City, unless the emergency exemption in § 29-9 applies.
What if I already removed the tree without a permit?
Section 29-11 requires you to apply for a Tree Permit within 30 days of the removal. Failing to do so makes every subsequent business day a separate violation, and the City can issue a stop-work order or seek an injunction.

Sources & Official References

Other rules in Portland

All Portland rules

Compare Portland to another location·View the Maine tree protection overview

Get notified when Heritage & Protected Trees in Portland, ME changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.