Southborough, MA Tree Protection: Parkway Planting (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?
Does Southborough require native trees?
Can a homeowner choose where the Town plants a street tree?
Which state laws does the planting policy rely on?
Sources & Official References
Other rules in Southborough
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