Adopted as Order 26-20/21 effective August 13, 2020, Portland's Heritage Tree Ordinance (Ch. 29) requires a city permit before any healthy Heritage Tree on private property within a designated historic district may be removed or extensively pruned.
Under Sec. 29-1 of Chapter 29, a 'Heritage Tree' is a tree on private property within a City of Portland historic district that meets a minimum diameter at breast height (DBH): generally 24 inches DBH for large shade trees and 12 inches DBH for ornamental trees, plus any tree on the Maine Big Tree list or any native rare or threatened species. The ordinance applies only to private property; street trees are already governed by Sec. 29-18. The Director of Parks, Recreation, and Facilities (acting through the City Arborist) administers a Heritage Tree Removal Permit application. Replacement trees of the same or similar species and size must be planted on the property unless the City Arborist authorizes an off-site location, or the owner pays into the Tree Trust according to a cost schedule set by the City Arborist. Emergency hazardous-tree removals may be verbally authorized. Portland has multiple historic districts designated under Ch. 14 (e.g., Old Port, West End, Western Promenade, Spring Street, Munjoy Hill — see Historic Preservation Program).
If removal begins without a Heritage Tree Removal Permit, the Director issues a written stop-work order, mailed to the owner and posted conspicuously at the front of the property. Violations are punishable under Sec. 1-15 by a fine of $100–$500 per offense, with each day of continuing violation a separate offense. The Director may also require replacement planting or payment to the Tree Trust as a condition of resolving the violation.
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