Chicopee, MA Tree Protection: Parkway Planting (2026)

Section 257-6A of the Code of the City of Chicopee governs planting within the public right-of-way. Any property owner can petition the Tree Warden for permission to plant a tree there. The code states that some rights-of-way are not suitable for the planting of trees and that some species are not suitable for public rights-of-way, so the permit is discretionary on the part of the Tree Warden and is not to be construed as a right.

If the Tree Warden grants permission, four conditions apply. All work in a public right-of-way is conducted to the specifications of the Superintendent of the Department of Public Works and the Tree Warden. All costs incurred, including related work, regardless of contractor, are the petitioner's responsibility. The petitioner works with the Tree Warden to select an appropriate tree and location that will not interfere with buried or above ground utilities, will minimize root damage to streets and sidewalks, and will not become a nuisance, meaning trees that shed branches or form fruit or nuts. And no work can commence until a street occupancy permit is approved by the Superintendent of Public Works and the Tree Warden.

The street occupancy permit is defined in § 257-3 as a permit issued by the Department of Public Works that authorizes activity on City property, including the removal or planting of a tree on City property. Section 257-1B requires a permit before any work begins for any activity requiring the removal or planting of trees on City property, and § 257-4 says no street occupancy permit is issued without a determination that the activity conforms to Chapter 257.

Planting on private land is handled differently. Under § 257-6B, where the building on the petitioner's property provides a front yard that can accommodate tree planting, no utilities would be endangered and other limiting conditions do not exist, the street tree can be planted within the yard and no permit is issued for installation. The code adds that every effort should be made to select the proper type and size of tree for the existing condition.

The purpose is stated in § 257-2C: allowing appropriate shade and ornamental trees to be planted within the public right-of-way for the health, safety and general welfare of the residents.