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Tree rules in Boston: permits, protected trees and fees

What the City of Boston's pages and Massachusetts General Laws chapter 87 say about public shade trees, the Tree Warden's hearing, notice and objection rules, the replacement fee per diameter inch and the penalties.

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 describes four sources as read on October 9, 2026: the City of Boston pages on requesting a tree removal hearing, participating in the public tree ordinance process and urban forestry, and the text of Massachusetts General Laws chapter 87 sections 1 to 6 and 9. The wider list of cities is on the guide to tree permits in the largest US cities. The pages cover street trees. They do not set out a permit rule for trees on private lots.

What a public shade tree is

Section 1 of chapter 87 says all trees within a public way, or on its boundaries, are public shade trees, and that where the boundary cannot be fixed from records or monuments, a doubtful tree is taken to be public property until the contrary is shown. The City's hearing page describes a street tree as one in the public right of way of a city street, generally between the curb and the back edge of the sidewalk. The urban forestry page says all public shade trees are protected under chapter 87 and that the Urban Forestry Division therefore cannot remove a living, healthy street tree even if it is affecting the sidewalk. For sidewalk damage it points to a 311 case with the Public Works Department.

What the statute requires

SectionWhat it says
3Public shade trees may not be cut, trimmed or removed by anyone other than the tree warden or deputy, even by the owner of the land under them, without a written permit. They may not be cut down without a public hearing, with notice posted in two or more public places and on the tree at least seven days before, and published in a newspaper in each of two successive weeks
3, damagesA person injured in property by the officers' decision on trimming, cutting, removal or retention may recover damages from the town under chapter 79
4If anyone objects in writing at or before the hearing, the warden may not cut or remove the tree or grant a permit unless the selectmen or the mayor approve
5Wardens and deputies may, without a hearing, trim or remove trees under one and one half inches in diameter one foot from the ground, and bushes, in public ways. The chapter does not prevent removing a tree that endangers travellers on a highway
6Violations of sections 3, 4 or 5 are punished by forfeiture of not more than US$500 to the city or town
9Posting a notice on a public way tree, or cutting, painting or marking one without a written permit, carries a fine of not more than US$50

The Boston hearing

The hearing page says a street tree removal for construction or another reason follows chapter 87. The request goes in on the Tree Hearing Request Form with a site plan and documents, and the review does not begin until the documentation is complete. The Tree Warden and Parks staff review it and evaluate every affected public shade tree. Hearings are held virtually at 10 a.m. on the first Thursday of each month, or the second Thursday if the first is a city holiday. The notice is published in the newspaper and posted on the trees at least 7 days before. Comments can be made in person, in writing beforehand or through the chat, and the page says public comments can affect the outcome. The page says notice of the outcome comes within two weeks.

Costs

The hearing page says the proponent pays for the newspaper notice in the Boston Globe, and that the administration of the hearing itself costs nothing. If removal of a healthy tree is approved, the proponent pays for the removal and a replacement fee, which the page gives as US$550 per diameter inch of the tree, measured at 4.5 feet above grade. Replacement fees go to the Fund for Parks and Recreation, and the page says part may be recouped by a formula explained at the hearing. The Parks Department removes street trees that a certified arborist finds dead, diseased, dying or a safety risk. The Urban Forestry Division's phone on the pages is 617-635-8733. The participation page adds that quarterly reports of tree hearings are published, from April to June 2024 onward.

Sources