At Seacoast Tree Care, we focus on preserving the long-term health of trees whenever possible. We take great pride in helping to maintain healthy trees as they provide many benefits to New England homes including beauty, sentimental value, and also property value.
That being said, there are times when trees need to be removed. When that’s the case, you might have questions about New Hampshire, Maine, and Massachusetts tree cutting laws. Understanding your rights for removing a tree can be confusing.
We’ll share what you need to know if you’re considering removing a tree from your property.
We’ll cover:
New Hampshire, Maine, and Massachusetts Tree Removal Laws
What is a Tree Preservation Ordinance?
Choosing Tree Removal in Southern NH, Northeastern Massachusetts, and Southern Maine
When in doubt, we’re also always here to answer questions and help point you in the right direction. Since we service three different states, there are a lot of different local ordinances and rules that can get confusing for homeowners. We handle each tree removal situation on a case-by-case basis and there are often different variables involved.
This article will hopefully give you a better understanding of what to expect.
New Hampshire, Maine, and Massachusetts Tree Removal Laws
The two biggest legal issues that can arise from tree removal are when a tree might be partially on a neighbor’s property or when a tree is in public space. Let’s talk about why these can be concerns.
If you have a tree that is partially on a neighbor’s property, then it is our policy for the homeowner to get permission before performing the work. This is a policy of Seacoast Tree Care as we prefer to err on the side of caution in preventing problems with neighbors. Often, removing a tree might require us to be on the neighbor’s property, which is also something that we want to obtain permission for.
Limbs that overhang on a neighbor’s property are an issue for the tree care industry as a whole. In fact, the “Massachusetts Tree Removal Law” is one that other tree care companies across the country follow. It was adopted in 1985 over a neighbor dispute. The rule states that it is not the responsibility of a property owner to deal with roots or limbs that extend from their tree over a property line.
That being said, we still want approval from both sides if a tree borders more than one property in any way. We care deeply about the people that live in the regions we serve.
The other issue that comes up, as we mentioned, is when a tree is in a public space.
For a homeowner, this might mean a tree located in an easement area, or “hellstrip”, along a sidewalk. These cases are infrequent and we would deal with them on a case-by-case basis. However, it is important to know that you cannot prune or remove a tree in a public space since it actually belongs to the local town or city you reside in.
If you somehow have a tree that falls into both private and public property, this would be a situation where it’s important to look into your local rights.
What is a Tree Preservation Ordinance?
Another legal matter in regard to tree removal is whether or not a tree has a tree preservation ordinance. This is another situation that doesn’t happen very often but is good to know about.
A tree preservation ordinance would be a local law that protects a tree. This would again be related to a tree in a public space, possibly one that has historic value and therefore cannot be removed. Sometimes these ordinances are in place to protect conservation in a public space.
This is rarely going to apply to homeowners but if you do have a question as to whether your tree inhabits a public space, we’d take that up on a case-by-case basis. Public trees do need to be pruned and cared for by the local municipality and their approved contractors.
Choosing Tree Removal in Southern NH, Northeastern Massachusetts, and Southern Maine
Making sure tree removal is done properly ultimately boils down to choosing a qualified tree removal service. Tree work can be complicated, laborious, and even dangerous. And there are many tree removal companies who might not even pay attention or care about local tree removal laws.
As we mentioned, at Seacoast Tree Care, we err on the side of caution and also request homeowners to get neighbors’ permission if a tree is bordering their property. The last thing that we want to do is get involved with or cause a neighbor dispute.
We also employ highly skilled Certified Arborists who will make sure a tree comes down the right way. That’s incredibly important as tree removal work can be complicated and even dangerous if not performed properly.
When you make a wise choice in tree removal, you can gain peace of mind that everything is being done right.
Need tree removal at your Southern NH, Maine, or Massachusetts home? Request your consultation and have your New England trees evaluated. By making a wise choice, you’ll know your trees are in good hands.
