Public Shade Tree Law

What Is A Public Shade Tree?
There is a presumption under state law that all trees within or on the boundaries of a public way are public shade trees. A tree may also be considered to be in the public way if either its root system or its branches extend into the public way. If there is any uncertainty, a tree shall be assumed to be public property until the contrary is shown.

A right-of-way can vary in width. However, only a portion of the way will be paved. If you have a property boundary survey, you should be able to measure the distance from the front of your home to your property line. Unless you are absolutely sure of where the Town's right-of-way begins, check first with the Department of Public Works.

Trees On Designated Scenic Roads
There are additional rules for trees on Town designated scenic roads; to date, Prospect and Upper Union Streets have been designated as scenic roads. The cutting or removal of trees in connection with repair, maintenance, reconstruction or paving work within a designated scenic road requires a public hearing before the Planning Board. Contact the Department of Public Works for a Scenic Road Work Permit application and instructions.