In Massachusetts, we are lucky to have a long history of protecting public shade trees, dating back more than 100 years. The main law governing public shade trees and empowering tree wardens is Massachusetts General Law 87. In addition to MGL 87, the scenic road bylaw MGL 40, section 15C, and Harvard’s own scenic road bylaw, Chapter 90, provides additional guidance on managing public shade trees along designated scenic roads. Harvard has more than 50 roads designated as scenic, which are governed in part by the scenic road bylaws. All of these documents are available online and easily located using your favorite search engine.
The word “warden” was a common title for people in the late 1800s in positions guarding natural resources (such as trees, which cannot speak for themselves) against destructive forces, such as those brought on by people, insects, diseases, and so on.
In Harvard, the tree warden is an annual appointment with no compensation. In addition to overseeing the public shade trees governed by the aforementioned laws, the tree warden works with stakeholders involving trees on town-owned land (for example, the Common, the schools) and also is a member of Harvard’s Elm Commission.
It is important for property owners contemplating planting, removing, or trimming trees near the roadside to contact the tree warden before starting work to ensure the laws are being followed. Failure to follow laws may result in fines.
Any tree in the road’s right of way is considered a public tree, even if only 1 inch of the tree’s stump is in the right of way. This also includes trimming and cutting of trees whose branches are over the road’s right of way when the tree’s stump is fully on private property.
The road rights of way in Harvard vary from no designated right of way to up to 50 feet wide. Common town lore often heard is “the town owns 5 feet off the pavement” or “the stone wall marks the right of way.” Unfortunately, this is not always the case due to the varying width of the right of way, the width of the road, and the fact that roads in town are not perfectly centered in the right of way, making it less clear if a tree is public or private.
Be careful of tree companies who appear to understand the law and advise on public trees versus private trees; often, they do not get it right. Property owners are held accountable for any trees illegally removed, planted, or trimmed by others in their employ. The best tree companies will want to talk with the tree warden directly or encourage the property owner to seek tree warden permission before work begins.
After review by the tree warden, dangerous trees (declining, dead), such as those affected by climate change or other maladies (for example, emerald ash borer), can be removed without a public hearing as these trees are considered a hazard to the public. The tree warden continuously reviews trees along the roadsides and designates trees endangering the public for removal, using public funds. In some cases, when a dangerous tree is over the wires, National Grid will pay for the removal. The tree warden also receives dozens of phone calls and emails each year from the public regarding dangerous trees.
For all live trees, a public hearing is required. After review of a property owner’s plans, the tree warden determines if a public hearing is required. The process, from beginning to end, takes anywhere from four to 10 weeks; the path is longer when a case is escalated to the Select Board for adjudication. Property owners are required to bear the cost associated with the public hearing and for any tree removal, trimming, or other work unless otherwise determined by the tree warden.
I’ve written a lot about removing trees, but there is one more item to review. Property owners should never affix any object—temporarily or permanently—to a public shade tree without permission from the tree warden. That includes reflectors, mailboxes, mirrors, political signs, and so on. This is explained in section 9 of MGL 87.
If you notice a dangerous tree as you enjoy Harvard’s public ways—whether by walking, cycling, running, or driving—please bring it to the tree warden’s attention. Much of the budget assigned to the warden goes to the public safety aspect of managing trees, in addition to funding elm tree inoculations and plantings of new trees around town.
You can find more information at the recently updated tree warden link at www.harvard-ma.gov/tree-warden.
JC Ferguson has served as Harvard’s tree warden since 2017. You can reach him at harvardtreewarden@stillriver.org or 978-551-8135.
