Amendment ID: S3050-7-R1
Redraft Amendment 7
Updating the Public Shade Tree Law
Ms. Creem, Ms. Comerford, Ms. Edwards, Mr. Collins, Ms. Kennedy, Ms. Jehlen and Messrs. Driscoll, Oliveira, Eldridge, Gómez, Payano and Lewis move that the proposed new draft be amended by inserting after section 16 the following section:
“SECTION 16A. Section 106 of chapter 41 of the General Laws, as so appearing, is hereby amended by striking out, in lines 11 and 12, the words “arborculture and licensed with the department of food and agriculture” and inserting in place thereof the following words:- “arboriculture and licensed with the department of agricultural resources.”; and
by inserting after section 24 the following 6 sections:-
“SECTION 24A. Chapter 87 of the General Laws is hereby amended by striking out section 2, as so appearing, and inserting in place thereof the following section:-
Section 2. The tree warden of a city or town may appoint and remove deputy tree wardens. The tree warden and the deputy tree wardens shall receive such compensation as the city or town determines. The tree warden shall have the care and control of all public shade trees, shrubs and growths in their respective city or town, except those in public parks or open places under the jurisdiction of the park commissioners, unless otherwise designated in writing by the park commissioners, and shall enforce all laws for the preservation of shade trees, shrubs and growths. The tree warden shall expend all money appropriated for the setting out and maintenance of such shade trees, shrubs and growths. No tree shall be planted in or on a public way without the approval of the tree warden. The tree warden may propose regulations for the care and preservation of public shade trees to be approved by the local governing body of a city or town, which shall have the same effect as the city or town ordinances or by-laws and may establish fines and forfeitures for violations thereof pursuant to rules and regulations promulgated under section 15.
SECTION 24B. Said chapter 87 is hereby further amended by striking out sections 5 and 6, as so appearing, and inserting in place thereof the following 2 sections:-
Section 5. No person except tree wardens and deputy tree wardens shall, without a hearing, trim, cut down or remove trees less than 4 inches in diameter 1 foot from the ground and bushes standing in public ways,; provided, however, that if ordered by the mayor, members of the select board, road commissioners or highway surveyor shall trim or cut down trees and bushes that, following an inspection based on accepted industry or government arboricultural standards for the determination of hazardous or dangerous trees, are deemed to obstruct, endanger, hinder or inconvenience persons traveling thereon or to obstruct buildings being moved pursuant to section 18 of chapter 85. Nothing in this chapter shall prevent the appropriate state or municipal authority from trimming, cutting or removing any tree that endangers persons traveling on a highway or otherwise poses an imminent threat to persons or property. In all other instances, the person seeking to trim, cut or remove a tree from a public way shall consult with the tree warden. Nothing in this section shall interfere with the suppression of pests declared to be public nuisances pursuant to section 11 of chapter 132, including beetles that spread the Dutch elm disease.
Section 6. A violation sections 3 to 5, inclusive, shall be punished by a fine of not more than the assessed value of any trees pursuant to rules and regulations promulgated under section 15. Any money collected under this section shall be for use by the city or town.
SECTION 24C. Section 9 of said chapter 87, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Whoever affixes to a tree on a public way, places a notice, sign, advertisement or other thing, whether in writing or otherwise, or cuts, paints or marks such tree, except for the purpose of protecting it or the public and under a written permit from the officer having the charge of trees in the city or town or from the tree warden in the city or town or from the department in the case of a state highway shall be punished by a fine pursuant to rules and regulations promulgated under section 15.
SECTION 24D. Section 12 of said chapter 87, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Whoever wantonly injures, defaces or destroys a shrub, plant, tree or fixture of ornament or utility in a public way or place or any public enclosure or whoever negligently or willfully suffers an animal or vehicle driven a person or belonging to such person to injure, deface or destroy a shrub, plant, tree or fixture of ornament or utility shall be punished by a fine of not more than $500 and shall be liable to the city or town or any person injured thereby for all damages relating to the city, town or person’s interest in the shrub, plant, tree or fixture caused by such act.
SECTION 24E. Section 13 of said chapter 87, as so appearing, is hereby amended by adding the following sentence:- In accordance with section 106 of chapter 41, the tree warden in a city or the tree warden in a town having a population of more than 10,000 residents shall be a qualified tree warden; provided, however, that for the purposes of this section, “qualified tree warden” shall mean a person with training and experience in the field of arboriculture, which shall include, but not be limited to: (i) an accredited degree in a forestry or natural resource management field; (ii) attained certification from the International Society of Arboriculture, the Massachusetts Certified Arborist Program sponsored by the Massachusetts Arborists Association, Inc. or any other equivalent professional certification; (iii) professional development courses offered by the Massachusetts Tree Wardens’ and Foresters’ Association, Inc.; or (iv) equivalent training, as determined by the department.
SECTION 24F. Chapter 87 of the General Laws is hereby amended by inserting after section 14 the following section:-
Section 15. The department of conservation and recreation shall promulgate rules and regulations to implement this chapter.