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Southborough, MA Tree Protection: Parkway Planting (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Governing section
§ 153-4, Public shade trees
Who decides type and size
The Tree Warden
Planting goal
A native public shade tree
Location
At the discretion of the Tree Warden
State law cited
M.G.L. c. 87, §§ 1, 2 and 7
Chapter adopted
3-23-2019, Annual Town Meeting, Article 28

Summary

In Southborough, the Tree Warden decides what gets planted on public ground. Section 153-4 sets a policy of encouraging conservation of public shade trees and running a planned planting program, and it gives the Tree Warden the call on the type and size of each tree, with a goal of a native public shade tree placed where the Tree Warden chooses.

It shall be the policy of the Town of Southborough to encourage the conservation of public shade trees (as defined in M.G.L. c. 87 § 1) and to establish a planned program of planting trees as defined in MGL c.87, § 7 . The Tree Warden shall determine the type and size of the tree with the goal to have a native public shade tree planted in a location at the discretion of the Tree Warden.

Full Breakdown

Chapter 153 of the Town's bylaws, adopted by Town Meeting on 3-23-2019 under Article 28, governs trees on public ground in Southborough. Section 153-4 is the planting rule. It states a policy: the Town encourages the conservation of public shade trees, as defined in M.G.L. c. 87, § 1, and establishes a planned program of planting trees as defined in M.G.L. c. 87, § 7.

The section puts the design decisions in one person's hands. The Tree Warden determines the type and size of the tree. The stated goal is that a native public shade tree is planted, and the location is at the discretion of the Tree Warden. The section prints no species list, no minimum caliper, no spacing figure and no setback from a curb or sidewalk, so those choices rest with the Tree Warden in each case rather than in a fixed number in the bylaw. Note the wording: native is a goal, while type and size are the Tree Warden's determination.

Section 153-3 explains who is acting. The care and management of public trees is the responsibility of the Tree Warden or that official's designee, and the Tree Warden is responsible for planting, maintaining and removing trees from streets, parks and other designated public places in accordance with M.G.L. c. 87, § 2. Section 153-2 adds that the Town follows M.G.L. c. 87, Shade Trees, to the extent applicable, and that the bylaw is to be consistent with M.G.L. c. 40, § 15C, entitled "Scenic Road Designations; Improvements; Fines."

Section 153-1 gives the reason. Public trees make an important contribution to the character and heritage of Southborough's neighborhoods, and the bylaw establishes policy for the health and longevity of the Town's existing and future trees. It was enacted in furtherance of the Town Meeting votes of May 29, 1975, on Article 63, and May 19, 1976, on Article 37.

For a resident or developer, the point is that street and park planting in Southborough is a Town program run by the Tree Warden. Chapter 153 prints no application, fee or permit for planting a public tree.

Violations & Fines

Chapter 153 prints no penalty clause and no fine amount for planting. It is a policy and a grant of duties to the Tree Warden, not a prohibition aimed at residents. The Code's general penalty in § 1-1 is a fine of not more than $20 for violating a Code provision unless a penalty is otherwise specifically provided.

Frequently Asked Questions

Who decides which tree is planted on a Southborough street?
The Tree Warden. Section 153-4 says the Tree Warden shall determine the type and size of the tree, and § 153-3 makes the Tree Warden or that official's designee responsible for planting, maintaining and removing trees from streets, parks and other designated public places.
Does Southborough require native trees?
Section 153-4 states the goal of a native public shade tree, but it is worded as a goal tied to the Tree Warden's determination of type and size. The bylaw prints no list of approved species and no percentage of native stock.
Can a homeowner choose where the Town plants a street tree?
Not under the text. Section 153-4 places the planting location at the discretion of the Tree Warden. Chapter 153 prints no application process for a resident to request a species, size or site.
Which state laws does the planting policy rely on?
Section 153-4 cites M.G.L. c. 87, § 1 for the definition of public shade trees and M.G.L. c. 87, § 7 for planting. Section 153-3 cites M.G.L. c. 87, § 2 for the Tree Warden's duties, and § 153-2 ties the bylaw to M.G.L. c. 40, § 15C on scenic roads.

Sources & Official References

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