Public shade trees
Under Massachusetts law (Chapter 87), every tree within the public way, or on its boundary, is a public shade tree. The town's tree warden cares for these trees, and no one else may plant, trim, cut or remove one without the warden's permission.
The hearing
Before a public shade tree more than 1½ inches in diameter is cut, trimmed or removed, the law requires a public hearing. Notice goes on the tree and in public places at least seven days ahead, and in a local newspaper for two weeks in a row. If someone objects in writing at or before the hearing, the tree can't be cut without the approval of the select board, or the mayor in a city.
The law doesn't stop the removal of a tree that endangers people traveling on a highway.
Scenic roads
Some towns designate scenic roads. On those, trees can't be cut or removed for road repair, maintenance, reconstruction or paving without the planning board's written consent after a hearing, held together with the tree warden's hearing.
What this means for you
- Not sure whether a tree is yours or the town's? Ask the tree warden before anyone cuts.
- If the town's tree is damaging your property or looks dangerous, contact the tree warden or public works department.
- For trees fully on your land, these rules don't apply, though some towns have their own tree bylaws. Ask your town hall.