Portland's Heritage Tree definition automatically covers any tree on the Maine Big Tree List and any native rare or threatened species, regardless of diameter — and statewide Shoreland Zoning further restricts cutting within 250 ft of protected waters.
Sec. 29-1 of Portland City Code includes within the definition of 'Heritage Tree' any tree on the Maine Register of Big Trees (maintained by the Maine Forest Service / Project Canopy) and any tree of a species classified as native, rare or threatened — even where the tree does not meet the 24-inch / 12-inch DBH thresholds otherwise required. Removal of such a tree from private property in a Portland historic district therefore requires a Heritage Tree Removal Permit. In addition, under Maine's mandatory Shoreland Zoning Act (38 M.R.S. §§ 435–449), enforced through Portland's Shoreland Zone overlay in Ch. 14, no person may clear-cut vegetation within 75 feet of the normal high-water line of Casco Bay, the Fore River, Back Cove, or the Presumpscot River, and only limited selective cutting is allowed within the 100-ft buffer; tree removals within the Shoreland Zone require a separate review under Portland's Land Use Code. State-listed rare/threatened plants (Maine Endangered Species Act, 12 M.R.S. § 12801 et seq.) may also be protected on a species-specific basis statewide.
Heritage Tree violations are enforced under Sec. 1-15 ($100–$500 per offense, per day). Shoreland Zoning violations are also enforceable under 38 M.R.S. § 441 with civil penalties of up to $2,500 per violation and per-day continuing-violation penalties. Maine Endangered Species Act violations are state-enforced civil offenses.
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See how Portland's protected tree species rules stack up against other locations.
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