Tree Talk Follow-Up

Tewksbury Tree Removal and Contractor & Homeowner responsibilities.

Last week The Tewksbury Community Development Department and Department of Public Works teamed up to educate tree removal contractors, residents, and others interested in the permitting requirements for tree removal in Town. There were 12 attendees including tree contractors, residents, board and committee members, and staff.

Below are common questions discussed during the presentations, for those who could not attend.

Common Questions:

MGL CH 87 Public Shade Trees – Questions

• Can residents ask what the utility company vegetation management plans are?
  o Yes, Tree Warden can provide information about approximate scheduling for
  management.
  o Utility companies also have to provide replacement trees if they remove healthy
  trees.
• Who is responsible for making sure the tree being requested for removal is or is not within
  the ROW?
  o Tree companies usually have contracts that state the onus is on the homeowner to
  ensure they are allowed to direct the tree removal.
  o M.G.L. Ch. 87 states the “person who removed the tree” i.e. the contractor is
  responsible, but the contractor would engage the terms of the contract to put
  responsibility on the homeowner.
• What does staff do about possible public shade trees being removed without permission?
  o Staff check during the course of their day about general tree removal but it is not a
  dedicated task.
• Can there be regulation for removal of trees on a private property that affects a neighbor?
  o No.
  o If you suspect a public shade tree was removed, please contact Tree Warden.
• Is it 20’ off the road that you can’t remove the trees?
  o Any tree within ROW is public, but ROW widths vary. Example: approximately 7’-8’
  on either side of a 20’ paved road for a 40’ wide ROW.
• What if trees are blocking site lines?
  o DPW will trim branches if they are blocking the ROW and the branches, trees,
  shrubs, or tall grass are within the ROW.
• Is the ROW in your tax bill?
  o No, Town-owned property is not reflected on individual tax bills. However, property
  owners often maintain right up to the paved road.
• If a homeowner planted trees along the ROW, can they maintain them or does the DPW
  have to come down to do it instead?
  o Homeowner can maintain. The DPW will not prune.
• How do you determine the ROW?
  o Every ROW has a layout and can be different from one another. Contact the DPW to
  confirm the boundaries.
• If there is a tree growing within 7’ of the road, but the branch overhanging well into your
  property is outside of 7’, can you prune that branch?
  o Yes, you can prune any trees that overhang your property and the branch in question
  is not in the ROW or on your neighbor’s property or a state highway.

Wetland Protection Act – Questions

• What do I do if there appears to be a body of water on my property but it does not appear on
  the GIS maps?
  o Please call the Conservation Agent.
• How do people find out about the laws surrounding wetlands?
  o Educational opportunities like this one
  o More opportunities in permitting for notification
  o Answering questions in the office
• Tree removal affecting runoff management
  o Conditioned permitting helps preserve ecosystems even if trees must be removed
  through leaving stumps or other provisions.
• If a tree cannot be trimmed properly and it is a healthy tree, can it be removed?
  o Yes, but it would be full permitting and not eligible for emergency certification.