Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2322 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1036 FILED ON: 1/14/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2322
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Steven Owens and Amy Mah Sangiolo
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to update the public shade tree law.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Steven Owens29th Middlesex1/14/2025Joan Meschino3rd Plymouth2/23/2025 1 of 4
16	16	HOUSE DOCKET, NO. 1036 FILED ON: 1/14/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2322
18	18	By Representatives Owens of Watertown and Sangiolo of Newton, a petition (accompanied by
19	19	bill, House, No. 2322) of Steven Owens and Joan Meschino for legislation to regulate the powers
20	20	of tree wardens in municipalities in the Commonwealth. Municipalities and Regional
21	21	Government.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 4732 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act to update the public shade tree law.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Chapter 87 of the General Laws, as appearing in the 2020 Official Edition,
33	33	2is hereby amended by striking out section 2 and inserting in place thereof the following section:-
34	34	3 Section 2. The tree warden of a town or city may appoint and remove deputy tree
35	35	4wardens. The tree warden and the deputy tree wardens shall receive such compensation as the
36	36	5town or city determines. The tree warden shall have the care and control of all public shade trees,
37	37	6shrubs and growths in the town or city, except those in public parks or open places under the
38	38	7jurisdiction of the park commissioners, unless otherwise designated in writing by the park
39	39	8commissioners, and shall enforce all the provisions of law for the preservation of such trees,
40	40	9shrubs and growths. The tree warden shall expend all money appropriated for the setting out and 2 of 4
41	41	10maintenance of such trees, shrubs and growths. No tree shall be planted within a public way
42	42	11without the approval of the tree warden. The tree warden may propose regulations for the care
43	43	12and preservation of public shade trees to be approved by the local governing body of a town or
44	44	13city, which shall have the effect of town by-laws, and may establish fines and forfeitures for
45	45	14violations thereof pursuant to rules and regulations promulgated under section 15.
46	46	15 SECTION 2. Said chapter 87, as so appearing, is hereby further amended by striking out
47	47	16section 5 and inserting in place thereof the following section:-
48	48	17 Section 5. Tree wardens and deputy tree wardens, but no other person, may, without a
49	49	18hearing, trim, cut down or remove trees, less than 4 inches in diameter 1 foot from the ground,
50	50	19and bushes, standing in public ways; and, if ordered by the mayor, selectmen, road
51	51	20commissioners or highway surveyor, shall trim or cut down trees and bushes that, following an
52	52	21inspection based on accepted industry or government arboricultural standards for the
53	53	22determination of hazardous or dangerous trees, are deemed to obstruct, endanger, hinder or
54	54	23incommode persons traveling thereon or to obstruct buildings being moved pursuant to the
55	55	24provisions of section 18 of chapter 85. Nothing in this chapter shall prevent the trimming, cutting
56	56	25or removal of any tree which endangers persons traveling on a highway or poses an imminent
57	57	26threat to persons or property by the proper state or municipal authority. In all other instances, the
58	58	27person seeking to trim, cut or remove a tree from the public way shall consult with the tree
59	59	28warden. Nothing herein shall interfere with the suppression of pests declared to be public
60	60	29nuisances pursuant to section 11 of chapter 132, including the Dutch elm disease.
61	61	30 SECTION 3. Said chapter 87, as so appearing, is hereby further amended by striking out
62	62	31section 6 and inserting in place thereof the following section:- 3 of 4
63	63	32 Section 6. A violation of the provisions in sections 3 to 5, inclusive, shall be punished by
64	64	33forfeiture of not more than the assessed value of the tree or trees pursuant to rules and
65	65	34regulations promulgated under section 15. Such monies shall be collected for use by the city or
66	66	35town.
67	67	36 SECTION 4. Section 9 of said chapter 87, as so appearing, is hereby amended by
68	68	37striking out the first sentence and inserting in place thereof the following sentence:-
69	69	38 Whoever affixes to a tree in a public way, or places a notice, sign, advertisement or other
70	70	39thing, whether in writing or otherwise, or cuts, paints or marks such tree, except for the purpose
71	71	40of protecting it or the public and under a written permit from the officer having the charge of
72	72	41such trees in a city or from the tree warden in a town, or from the department in the case of a
73	73	42state highway, shall be punished by a fine pursuant to rules and regulations promulgated under
74	74	43section 15.
75	75	44 SECTION 5. Section 12 of said chapter 87, as so appearing, is hereby amended by
76	76	45striking out the first sentence and inserting in place thereof the following sentence:-
77	77	46 Whoever wantonly injures, defaces or destroys a shrub, plant or tree, or fixture of
78	78	47ornament or utility, in a public way or place or in any public enclosure, or negligently or
79	79	48willfully suffers an animal or vehicle driven by or for him or belonging to him to injure, deface
80	80	49or destroy such shrub, plant, tree or fixture, shall be punished by a fine of not more than 500
81	81	50dollars, and shall be liable to the town, city or any person for all damages relating to their interest
82	82	51in the shrub, plant, tree or fixture caused by such act.
83	83	52 SECTION 6. Section 13 of said chapter 87, as so appearing, is hereby amended by
84	84	53inserting at the end thereof the following sentence:- 4 of 4
85	85	54 In accordance with section 106 of chapter 41, the tree warden in any city or town which
86	86	55exceeds 10,000 residents shall be qualified by training and experience in the field of
87	87	56arboriculture and licensed with the department of agricultural resources in accordance with the
88	88	57provisions of section 10 of chapter 132B. A qualified tree warden shall be defined as a person
89	89	58with training and experience in the field of arboriculture, which shall include but not be limited
90	90	59to an accredited degree in a forestry or natural resource management field, attained certification
91	91	60from the International Society of Arboriculture, the Massachusetts Certified Arborist Program of
92	92	61the Massachusetts Arborists Association, or other equivalent professional certification,
93	93	62professional development courses offered by the Massachusetts Tree Wardens and Foresters
94	94	63Association, or equivalent training.
95	95	64 SECTION 7. Chapter 87 of the General Laws is hereby amended by inserting after
96	96	65section 14 the following section:-
97	97	66 Section 15. The department of conservation and recreation shall promulgate rules and
98	98	67regulations pertaining to this chapter.
99	99	68 SECTION 8. Section 106 of chapter 41 of the General Laws, as appearing in the
100	100	692022 Official Edition, is hereby amended by striking out the words “food and agriculture” and
101	101	70inserting in place thereof the following: “agricultural resources”. Said section 106, as so
102	102	71appearing, is hereby further amended by striking out “arborculture” and inserting in place thereof
103	103	72the following: “arboriculture”.