Title: Massachusetts Tree Protection Law: An In-depth Overview with Key Provisions Introduction: Massachusetts prioritizes the preservation and management of trees to maintain their environmental, economic, and social significance. The state has implemented a set of comprehensive laws known as the Massachusetts Tree Protection Law to ensure the proper care and preservation of trees. In this article, we will explore the key provisions of this law and any additional types of tree protection regulations in Massachusetts. Key Keywords: Massachusetts, Tree Protection Law, preservation, management, care, regulations I. Massachusetts Tree Protection Law: The Massachusetts Tree Protection Law primarily aims to safeguard trees from unnecessary removal, destruction, and improper management. It provides guidelines and enforcement mechanisms to regulate activities concerning trees on both public and private property. 1. Tree Removal Permit: To ensure the preservation of trees, property owners are required to obtain a tree removal permit before undertaking any cutting or removal activities. This permit is issued by the local governing authorities and is subject to specific conditions and criteria, which may vary depending on the municipality. 2. Size and Species Criteria: The law often delineates size and species criteria to determine if a tree falls under its protection. Typically, trees with a certain trunk diameter (e.g., 6 inches or greater) may be considered protected. Certain species, like endangered or heritage trees, may also receive enhanced protection. 3. Preservation During Construction: During construction activities, the law mandates protective measures to preserve trees on building sites. Fencing should surround trees to prevent damage from machinery, while root systems should be protected to ensure their viability. Builders may be required to submit tree protection plans before commencing construction. 4. Violation Penalties: Any violation of the Massachusetts Tree Protection Law can result in fines and penalties. The severity may depend on the number and value of trees removed or damaged without authorization. Repeat offenders might face additional sanctions, such as restoration requirements or suspension of permits. II. Additional Types of Massachusetts Tree Protection Laws: 1. Town-specific Tree Bylaws: Some towns in Massachusetts have established their own tree protection bylaws. These regulations supplement the statewide law and may have additional provisions or stricter measures, tailored to the specific needs and characteristics of the town. 2. Forest Cutting Practices: Massachusetts also regulates forest cutting practices through its Forest Cutting Practices Act. This legislation promotes sustainable forestry by requiring landowners to obtain cutting permits for commercial harvesting activities, ensuring appropriate management and reforestation practices are followed. Conclusion: The Massachusetts Tree Protection Law is designed to protect the state's valuable trees from unnecessary removal and preserve their ecological benefits. By obtaining permits, complying with size and species criteria, and implementing protection measures during construction, property owners can contribute to the preservation of Massachusetts' green spaces. Additionally, town-specific bylaws and forest cutting practices further supplement the statewide law, enhancing tree protection efforts throughout the state.
Massachusetts Tree Protection Law
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The ideal period for fall planting on the Massachusetts coast is roughly six weeks before the first hard frost?generally September and October. Evergreens should be planted before mid-October since they continue to grow until the ground freezes, while deciduous plants can be planted anytime the ground is workable. CZ-Tip - Fall Planting on the Coast - Mass.gov mass.gov ? info-details ? cz-tip-fall-planting... mass.gov ? info-details ? cz-tip-fall-planting...
Usually, the trimming may only be up to the property line and one cannot enter the adjoining property without prior consent unless there is immediate danger to life or property. One is not allowed to cut the entire tree down or to cut it in such a manner that it will kill the tree. Encroaching Trees: Who Has The Right To Do What? - Stimmel Law stimmel-law.com ? articles ? encroaching-tre... stimmel-law.com ? articles ? encroaching-tre...
Fortunately, some state laws stipulate a minimum distance of between 3 ? 4 feet, which acts as a guide. This rule factors in the future growth of the tree and can vary between states, so verifying the statutes might well be prudent.
Most people assume that they are liable since it is their tree. However, this is not always true. When a tree falls over onto a neighbor's property, that neighbor should submit a claim to his or her insurance company immediately. The insurance company is usually responsible for taking care of the damages.
Under Massachusetts common law, you may remove branches of a neighbor's tree extending over your property line as long as you don't kill or damage the tree.
If a tree falls in a storm, who pays?, Lawley Insurance. Generally speaking, if your property is damaged, you are responsible for the damages. It doesn't matter if the tree or limb came from your property, your neighbor's property or even municipal property. Massachusetts fallen tree law, Mass. Massachusetts law about neighbors and trees - Mass.gov Mass.gov ? ... ? Law about A to Z index Mass.gov ? ... ? Law about A to Z index
"Massachusetts law recognizes a right of self-help by which a property owner can cut the limbs or branches of a tree that invade his property as long as such cutting is done at the property line. A neighbor has the right to remove so much of the tree as overhangs his property....