Massachusetts tree law primer

Educational overview for owners, attorneys, and project teams. This is not legal advice and should not substitute for counsel on a live dispute.

Public shade trees: Chapter 87

Massachusetts treats trees within a public way, or on its boundaries, as public shade trees. When ownership is uncertain because the way layout is unclear, Chapter 87 starts from the presumption that the tree is public until shown otherwise.

• The Tree Warden has care and control of public shade trees in the municipality.
• Public shade trees generally cannot be cut, trimmed, or removed by private parties without the required Tree Warden permit.
• Removal of a public shade tree generally requires a public hearing process under Chapter 87.

Why this matters in private projects

Many disputes that look private at first are actually public-tree issues: a tree at the end of a driveway, a trunk near the sidewalk, or work along a scenic road or municipal right-of-way. If the tree is public, the analysis changes immediately.

Tree trespass and damage claims: Chapter 242, Section 7

Massachusetts also has a tree-trespass statute. A person who, without license, willfully cuts or destroys trees on the land of another can face treble damages. If the defendant had good reason to believe the land was their own or they were otherwise authorized, the damages can drop to single damages.

Typical situations where this page matters

Official sources

• MGL c.87, §1 - public shade trees
• MGL c.87, §2 - powers of tree wardens
• MGL c.87, §3 - cutting and hearing requirements
• MGL c.242, §7 - willful trespass to trees; damages

Verify all information against the current official text before taking action.