Portland, ME Tree Protection: Heritage & Protected Trees (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.
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?
Do I need a permit before removing a Heritage Tree?
What if I already removed the tree without a permit?
Sources & Official References
Other rules in Portland
Compare Portland to another location·View the Maine tree protection overview
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