Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1429 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 759 FILED ON: 1/14/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1429
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Cynthia Stone Creem
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 :Cynthia Stone CreemNorfolk and MiddlesexSteven Owens29th Middlesex1/24/2025 1 of 4
16	16	SENATE DOCKET, NO. 759 FILED ON: 1/14/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1429
18	18	By Ms. Creem, a petition (accompanied by bill, Senate, No. 1429) of Cynthia Stone Creem and
19	19	Steven Owens for legislation to regulate the powers of tree wardens in municipalities in the
20	20	Commonwealth. Municipalities and Regional Government.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 1280 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act to update the public shade tree law.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 87 of the General Laws, as appearing in the 2020 Official Edition,
32	32	2is hereby amended by striking out section 2 and inserting in place thereof the following section:-
33	33	3 Section 2. The tree warden of a town or city may appoint and remove deputy tree
34	34	4wardens. The tree warden and the deputy tree wardens shall receive such compensation as the
35	35	5town or city determines. The tree warden shall have the care and control of all public shade trees,
36	36	6shrubs and growths in the town or city, except those in public parks or open places under the
37	37	7jurisdiction of the park commissioners, unless otherwise designated in writing by the park
38	38	8commissioners, and shall enforce all the provisions of law for the preservation of such trees,
39	39	9shrubs and growths. The tree warden shall expend all money appropriated for the setting out and
40	40	10maintenance of such trees, shrubs and growths. No tree shall be planted within a public way 2 of 4
41	41	11without the approval of the tree warden. The tree warden may propose regulations for the care
42	42	12and preservation of public shade trees to be approved by the local governing body of a town or
43	43	13city, which shall have the effect of town by-laws, and may establish fines and forfeitures for
44	44	14violations thereof pursuant to rules and regulations promulgated under section 15.
45	45	15 SECTION 2. Said chapter 87, as so appearing, is hereby further amended by striking out
46	46	16section 5 and inserting in place thereof the following section:-
47	47	17 Section 5. Tree wardens and deputy tree wardens, but no other person, may, without a
48	48	18hearing, trim, cut down or remove trees, less than 4 inches in diameter 1 foot from the ground,
49	49	19and bushes, standing in public ways; and, if ordered by the mayor, selectmen, road
50	50	20commissioners or highway surveyor, shall trim or cut down trees and bushes that, following an
51	51	21inspection based on accepted industry or government arboricultural standards for the
52	52	22determination of hazardous or dangerous trees, are deemed to obstruct, endanger, hinder or
53	53	23incommode persons traveling thereon or to obstruct buildings being moved pursuant to the
54	54	24provisions of section 18 of chapter 85. Nothing in this chapter shall prevent the trimming, cutting
55	55	25or removal of any tree which endangers persons traveling on a highway or poses an imminent
56	56	26threat to persons or property by the proper state or municipal authority. In all other instances, the
57	57	27person seeking to trim, cut or remove a tree from the public way shall consult with the tree
58	58	28warden. Nothing herein shall interfere with the suppression of pests declared to be public
59	59	29nuisances pursuant to section 11 of chapter 132, including the Dutch elm disease.
60	60	30 SECTION 3. Said chapter 87, as so appearing, is hereby further amended by striking out
61	61	31section 6 and inserting in place thereof the following section:- 3 of 4
62	62	32 Section 6. A violation of the provisions in sections 3 to 5, inclusive, shall be punished by
63	63	33forfeiture of not more than the assessed value of the tree or trees pursuant to rules and
64	64	34regulations promulgated under section 15. Such monies shall be collected for use by the city or
65	65	35town.
66	66	36 SECTION 4. Section 9 of said chapter 87, as so appearing, is hereby amended by striking
67	67	37out the first sentence and inserting in place thereof the following sentence:-
68	68	38 Whoever affixes to a tree in a public way, or places a notice, sign, advertisement or other
69	69	39thing, whether in writing or otherwise, or cuts, paints or marks such tree, except for the purpose
70	70	40of protecting it or the public and under a written permit from the officer having the charge of
71	71	41such trees in a city or from the tree warden in a town, or from the department in the case of a
72	72	42state highway, shall be punished by a fine pursuant to rules and regulations promulgated under
73	73	43section 15.
74	74	44 SECTION 5. Section 12 of said chapter 87, as so appearing, is hereby amended by
75	75	45striking out the first sentence and inserting in place thereof the following sentence:-
76	76	46 Whoever wantonly injures, defaces or destroys a shrub, plant or tree, or fixture of
77	77	47ornament or utility, in a public way or place or in any public enclosure, or negligently or
78	78	48willfully suffers an animal or vehicle driven by or for him or belonging to him to injure, deface
79	79	49or destroy such shrub, plant, tree or fixture, shall be punished by a fine of not more than 500
80	80	50dollars, and shall be liable to the town, city or any person for all damages relating to their interest
81	81	51in the shrub, plant, tree or fixture caused by such act.
82	82	52 SECTION 6. Section 13 of said chapter 87, as so appearing, is hereby amended by
83	83	53inserting at the end thereof the following sentence:- 4 of 4
84	84	54 In accordance with section 106 of chapter 41, the tree warden in any city or town which
85	85	55exceeds 10,000 residents shall be qualified by training and experience in the field of
86	86	56arboriculture and licensed with the department of agricultural resources in accordance with the
87	87	57provisions of section 10 of chapter 132B. A qualified tree warden shall be defined as a person
88	88	58with training and experience in the field of arboriculture, which shall include but not be limited
89	89	59to an accredited degree in a forestry or natural resource management field, attained certification
90	90	60from the International Society of Arboriculture, the Massachusetts Certified Arborist Program of
91	91	61the Massachusetts Arborists Association, or other equivalent professional certification,
92	92	62professional development courses offered by the Massachusetts Tree Wardens and Foresters
93	93	63Association, or equivalent training.
94	94	64 SECTION 7. Chapter 87 of the General Laws is hereby amended by inserting after
95	95	65section 14 the following section:-
96	96	66 Section 15. The department of conservation and recreation shall promulgate rules and
97	97	67regulations pertaining to this chapter.
98	98	68 SECTION 8. Section 106 of chapter 41 of the General Laws, as appearing in the 2022
99	99	69Official Edition, is hereby amended by striking out the words “food and agriculture” and
100	100	70inserting in place thereof the following: “agricultural resources”. Said section 106, as so
101	101	71appearing, is hereby further amended by striking out “arborculture” and inserting in place thereof
102	102	72the following: “arboriculture”.