Appealing a tree decision in the United States: what Portland, Washington DC, Connecticut and Massachusetts set out
Four US codes name who hears an appeal after a refused tree permit, a stop work order or a public tree removal. The routes run from an Urban Forestry Appeals Board in Portland to the Office of Administrative Hearings in Washington DC and the Superior Court in Connecticut.
Checked against the sources at the bottom of this page on October 9, 2026. Rules, fees and pay change: the source has the last word.
This page reports what the official source says. It is not legal advice: ask the office named here. It sets side by side the Portland City Code, the Code of the District of Columbia, the Connecticut General Statutes and the Massachusetts General Laws, as read on October 9, 2026. It covers these four only: the United States has no single appeal route, and each city or state writes its own. The wider permit rules for large cities are in the guide to tree permits in the largest US cities, and the Canadian equivalent is the guide to appealing a tree decision in Canada.
Who hears the appeal
| Place | Who the source names | Time limit the source gives |
|---|---|---|
| Portland, Oregon | The City Administrator for an administrative review, then the Urban Forestry Appeals Board | 14 days from the decision for the review, then 14 days from the review decision for the appeal |
| Washington DC | The Mayor reviews a stop work order, then the Office of Administrative Hearings | 10 business days to ask for review, then 10 business days from notice of the Mayor's decision to appeal |
| Connecticut | The town or borough tree warden holds a hearing, then the Superior Court | 10 days from the tree warden's decision |
| Massachusetts | A public hearing before removal; a damages claim under chapter 79 afterward | Chapter 87 section 3 gives none for the claim |
Portland, Oregon
Portland City Code Chapter 11.30 sets two permit types. For a Type A permit only the applicant may appeal. For a Type B permit the applicant may appeal, and where public notice is required the neighborhood association or any other person may appeal too. The code says the applicant first asks the City Administrator to review the decision, in writing, within 14 days of the decision, and names how the administrator erred. The appeal to the Urban Forestry Appeals Board is filed within 14 days of the review decision. Chapter 11.20 describes the Appeals Board as five members drawn from the Urban Forestry Commission, with public hearings.
The hearing is scheduled within 45 days of filing and notice goes out at least 14 days before. The board may affirm or reverse, and on a Type B permit may also remand to set mitigation. The code tells the board to give "due deference" to the City Administrator's professional judgment, and says its decision is final and cannot be appealed to another review body within the City. Violations are a separate route: Chapter 11.70 sends an appeal of an enforcement determination to the Code Hearings Officer, and further appeals go by writ of review under ORS 34.010 to 34.100.
Washington DC
Section 8-651.08 of the DC Code covers enforcement of the tree canopy law. A stop work order must describe the right to ask for review. The property owner or agent asks the Mayor for review within 10 business days, in writing with grounds. The Mayor affirms, modifies or reverses within 15 business days, and if the Mayor does not act in that time the stop work order is lifted. A final decision of the Mayor may be appealed to the Office of Administrative Hearings within 10 business days of notice. Separately, subsection (e) lets a person aggrieved by a final decision of the Mayor under subsections (c) or (d) appeal to the same office within 30 business days. Those subsections cover revoking a permit at a site where a Special Tree or Heritage Tree was harmed, denying a construction permit after a willful or reckless violation, and revoking a licence.
Connecticut
Section 23-59 of the Connecticut General Statutes covers trees in public roads and grounds. Unless there is an immediate public hazard, the tree warden posts a notice on the tree at least ten days before removal or pruning. A person who objects may appeal to the tree warden in writing, and the warden holds a public hearing. The warden decides within three days after the hearing, and the aggrieved party may appeal within ten days to the Superior Court for the judicial district of the town or borough.
Massachusetts
Chapter 87 section 3 of the Massachusetts General Laws says public shade trees are not cut or removed without a public hearing, and that notice must be posted in two or more public places and on the tree at least seven days before, and published in a newspaper in two successive weeks. The section names no board or court for an appeal. It says a person injured in property by the officers' action on trimming, cutting, removal or retention of a tree may recover damages from the town under chapter 79.
Sources
- City of Portland, Title 11 Trees, Chapter 11.30 Tree Permit Procedures (amended effective January 3, 2025), read October 9, 2026
- City of Portland, Title 11 Trees, Chapter 11.20 Urban Forestry Commission and Appeals Board, read October 9, 2026
- City of Portland, Title 11 Trees, Chapter 11.70 Enforcement, read October 9, 2026
- Council of the District of Columbia, DC Code section 8-651.08 Enforcement, read October 9, 2026
- Connecticut General Assembly, General Statutes chapter 451 Public Shade Trees (section 23-59), read October 9, 2026
- Massachusetts Legislature, General Laws part I title XIV chapter 87 section 3, read October 9, 2026