When Concord’s tree bylaw applies
Concord’s tree bylaw is not a townwide permit for every private-tree removal. It applies when all of the following are true:
- The lot is in a residential zoning district.
- The project involves a trigger such as:
- demolition of a structure with a footprint of 250 square feet or greater
- construction on a vacant lot
- a structure or addition that increases gross floor area by 50% or more
- There is at least one Protected Tree on the lot.
Concord also reaches back to Protected Trees removed within the prior 12 months for those triggering projects.
What counts as a Protected Tree
- Concord defines the Tree Yard by the applicable zoning setbacks.
- Any tree 6 inches DBH or greater within that Tree Yard is a Protected Tree, unless it is an invasive species under the bylaw.
- If there are no Protected Trees on the site and none removed within the prior 12 months, the owner can use an Absence of Protected Trees Affidavit.
What has to be filed
- A Protected Tree Impact and Removal Permit before the building or demolition permit path moves forward.
- A Tree Protection and Mitigation Plan submitted with that permit application.
- Concord’s rules expect the plan to be prepared by qualified professionals, typically combining survey and arboricultural input when retained trees are involved.
The town’s review target is 30 business days after a complete application is submitted.
What the Tree Protection and Mitigation Plan must show
- Property boundaries, zoning setbacks, rights-of-way, existing and proposed improvements, and proposed grade changes.
- An inventory of Protected Trees and any Protected Trees removed within the prior 12 months.
- Tree location, DBH, species, and whether each Protected Tree will be retained or removed.
- A table covering all Protected Trees within 50 feet of the limit of work, plus any other trees on the lot proposed for removal.
If a tree is claimed exempt from mitigation because it is dead, imminently hazardous, diseased, pest-infested, or conflicts with existing improvements in a way that can only be corrected by removal, Concord expects Certified Arborist support, photos, and explanation.
Mitigation options
- Replanting credit is based on 0.5 inches of new caliper for every 1 inch DBH removed.
- Each replacement tree must be at least 2-inch caliper.
- Evergreen trees only count when they are at least 8 feet high, and their mitigation value is converted from height to caliper-equivalent.
- Any DBH not otherwise mitigated can be satisfied through the Tree Fund at $375 per inch.
Where Concord files get tripped up
The common mistake is treating Concord like a simple removal bylaw. It is more plan-based than that. The Tree Yard, the 12-month lookback, and the requirement to inventory protected trees within 50 feet of the limit of work all make early scoping more important than it first appears.