Do you want to chop down a tree in Massachusetts? Before you get too far along with your plans, ensure you know the answer to this important question: Do you need a permit to cut down a tree in Massachusetts? The answer might surprise you! The short answer is yes; you need a permit to cut down a tree in Massachusetts. But don’t worry – getting the permit isn’t as hard as you think.
Disturbing vegetation is a matter of great concern; you need to follow the laws and regulations of the Wetland Protection Act. Whether dealing with tree removal from protected or unprotected areas, you need to seek guidance from a conservation agent.
Wetland resource areas having 100 feet wide patches around wetlands, streams, or ponds, along with 200 feet-wide river areas, come under the category of protected areas. People usually ignore the protocols and remove a health-hazardous tree without informing any Protection and Conservation department. If you observe a dangerous tree in a protected area, you should report it to tree services in Yarmouth, MA, for immediate legal action.
In this article, we will guide you when you need a permit for tree removal from public and landscaped areas.
How To Check Which Tree Is Protected?
Cutting a protected tree violates the law, so checking whether your tree is protected is necessary. To avoid law breaching of tree removal, you should look for the local laws on vegetation for your state. If you need help figuring it out, contact an expert who can guide you with all the basic rules and regulations of tree removal.
Once you go through the consultation with an expert, you will know about some universal exemptions. There are certain scenarios where you do not need a permit for tree removal. If a tree is dead, fallen, dangerous, non-protected, and a local pest species, you don’t need permission for its removal. Make sure your tree is exempted from permission according to the Tree Protection Ordinance of your state before you cut it down.
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Do You Have Legal Authority Over Trees On Your Property?
It’s a common misconception that you are the legal owner of the trees present on your property. However, the fact is that you have no legal authority over trees on your property, as all trees are legally under the authorization of the community.
The main reason is that trees on your property benefit you, your family, and the whole community. Cutting down a tree impacts the cleanliness of the air we inhale, the heat island effect, and wildlife habitat. It depicts that you need help to decide on tree removal. The tree removal process is mainly dependent upon city regulations.
Besides this, another important factor is the minimum number of trees planted on a certain property for maintenance. Moreover, these tree removal regulations vary from state to state depending upon the local climate, the number of trees, and the ecosystem. Finally, you should consider whether there is a need for a permit to maintain plant beds or mow lawns.
Well, you don’t need any approval for the maintenance and care of trees presented in the protected area of your permitted landscape. However, never forget that the removal of mature trees within a protected area doesn’t come under regular maintenance. In short, you need approval for cutting down, creating, substantially modifying, or enlarging a tree within your area.
Can You Legally Remove A Dangerous Or Unstable Tree?
Another important issue is what to do if a tree is hazardous to human health and its vicinity. Well, you can get rid of such a dangerous or unstable tree without waiting for permission from the higher premises of your city. Instead, we suggest you consult a licensed arborist to confirm the hazardousness of the tree before cutting it down.
No doubt you are removing a dangerous tree for society’s betterment, but you still need to do it according to the law. That’s why you should make a document highlighting the reasons for tree injuriousness along with photographs. Also, attach this document’s written report of a certified arborist for tree removal. All these things help keep you away from legal inquiry.
Now The Question Is, How Do You Know That A Tree Is Dangerous?
Well, the answer to this question is quite simple. You can evaluate whether it is dangerous if you have a strong observation. Trees become unstable after a few rainy and stormy days. These unextended hours of rain and wind make the ground soft. The softer the ground is, the weaker the root system is.
The presence of a weak root system leads to the ultimate leaning of the plant. Whenever you observe a tree developing lean on your property, you should consult an experienced arborist. Having a highly-qualified arborist will be able to figure out which trees need removal. If you remove a tree on the recommendation of an arborist, you do not need a permit.
Besides tree leaning, there are some other cases of hazardousness of plants. Such problems are weak branch unions and internal rotting. However, it’s difficult to figure out these problems in a standing tree. Therefore, we suggest you regularly inspect trees yearly to keep your area free from hazardous trees. Get a label of the safe tree from the arborist after complete inspection.
Can You Cut Down A Dead Tree Without Legal Permission?
Yes, you can cut down a dead tree without legal permission. Dead trees can harm you and your family as they can fall on you. It’s because a dead tree has rotted, weakened roots. A tree of dead roots can blow away in heavy rain and storms.
But how will you know that a tree is dead? The first and foremost sign of a dead tree is it gets wilt with time. When you notice the growth of a tree has stopped, seek consultation from your local arborist. Then, remove the dead tree by acting on the written recommendations of an arborist for tree removal.
Do You Need Permission To Cut Down A Tree On Your Property?
The answer to this question varies depending on the size of the tree, its location, and other power line utilities. It means you may or may not need permission depending upon all these factors. Besides this, which tree species you want to cut is also important. Some species are a nuisance, while others are protected.
Before making any decision, follow the Tree Preservation Ordinance of your state. This ordinance mentions the size of trees that are automatically considered protected. A tree with more than 50 years of survival is documented as the city’s heritage tree.
You can get an idea about the regulation by an example that you can remove a tree having a circumference of fewer than 12 inches without a permit. However, you need a permit for all other trees with a circumference greater than 12 inches, as trees of greater sizes are protected. Keep in mind that this is just an example. Get an exact size from your city tree services in Yarmouth, MA.
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Is There Any Fine For Illegal Tree Removal?
Yes, there is a fine or punishment that you have to fulfill due to breaching tree conservation laws. However, the fine amount depends upon the age and type of tree you removed. It also varies from state to state. For instance, you may be charged a fine of $500 if you cut a palm tree without getting a permit.
However, you cannot imagine the penalty you have to pay if you cut down an oak tree that is 150 years old. It’s because removing a 50 feet high tree without legal authorization can take you to an immense loss. Some people are fined up to $5000 for illegal tree removal without seeking permission from the city. Make sure to get permission to avoid these heavy fines.
Common Tree Regulations In Massachusetts
Here are some common rules and regulations you must follow for tree removal and maintenance in Massachusetts.
Fences are considered a private nuisance Right of action
Any structure or fence height greater than 6 feet is considered maliciously erect. Such fences are considered a private nuisance due to the adjoined property of occupants and owners. Right action can be taken against any owner or occupant in case of damage or injury.
Public Shade Trees
Public shade trees are present within the public boundary or on their way. You can seek consultation if you still need to determine whether this tree is under a public shade tree. Any tree coming on the highway is considered public property without any intractable conflicts.
Cutting off Public Shade Trees
Public shade trees are prohibited from being trimmed, cut, and removed. Whether you are the land owner or not, you can only remove a public shade tree with the tracking permission of the tree warden and his deputy. Any person who will trim, cut, or remove the tree without legal notice or permission will be obliged to bear all expenditures of damage and injury as a penalty.
Causing Injury to Trees of Another Person
If any person breaches the tree conservation law by cutting or removing the beneficial tree of another person, he will be imprisoned and fined. In this illegal activity, the person is fined up to $500 and imprisoned for up to 6 months.
Willful trespass to tree damage
A person who cuts down the tree willfully without any license is liable to pay three times the assessed loss or damage to the tree owner. But if the person can defend him by showing that his cutting reason was appropriate and by-laws or the property was his own, he will only have to bear single damage expenses.
Willful Cutting of Timber, Shrubs, and Woods to destroy others’ land
One commits a crime if one willfully cuts the timber, shrubs, and woods of others’ land. This crime of destroying the property or land of others leads to fines and imprisonment. This destruction makes you liable to a $500 fine and imprisonment of 5 days.
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Other Common Laws
One is privileged to stay on the land or on the property having possession of others if it seems to be harmful. However, if someone loses others’ property or land by destroying vegetation, he will have to pay the penalty. It means you cannot cut, trim, and remove trees but can maintain them.
Concluding Remarks!
In short, you need to follow the rules and regulations for trimming, cutting, and removing trees. Whenever you think about cutting down a tree on your property or public, you must check whether you need permission. The best way is to consult a licensed arborist to ensure you need a permit. If you need a permit, go for that. Otherwise, prepare a document showing validation of tree removal without a permit.
Always remember that trees play an important role in improving your life’s quality by cleaning your atmosphere. Never cut down the natural atmospheric buffers unnecessarily. You are at the right place if you need help figuring out which time and area are best to cut, trim, or maintain the landscape.
Champion Landscape Tree Work brings reliable professionals to inspect, maintain, and remove trees. No worries if you can’t afford additional charges of arborists, our certified experts can handle all this at a budget-friendly rate.