Slides presented to the Somerville City Council describing our proposed changes to our tree protection ordinance.

1. Tree Protection
Ordinance Overhaul
Chair Niedergang (Ward 5), Councilor Scott (Ward 2)

2. Comprehensive Rewrite
• Clarifies roles and responsibilities of city employees
• Expands role and responsibility of Urban Forestry
Committee
• Strengthens protections of City and Public Shade Trees
• Establishes workable protections for Significant Trees
on private land
• Strictly bounds the time limits/burdens of application
process for private tree removals

3. 12-103: Tree Warden
• Qualifications: per MGL c41 s106 and Mass Tree Wardens and
Foresters Association
• “shall exercise the duties of tree warden and of insect pest control. Such tree
warden shall be qualified by training and experience in the field of arborculture
and licensed with the department of food and agriculture in accordance with the
provisions of section ten of chapter one hundred and thirty-two B. The term of
such appointment shall be for three years.”
• Responsibilities per MGL c41 s106 and ordinance
• “care and control of all public shade trees” - all trees by roadways and on public
lands that are not under the Parks Department (schools, commons, etc)
• approval and conditions on all tree removal permits
• notices and hearings (with Urban Forestry Committee) for Public Shade Tree
removals

4. 12-104: City Arborist
• Qualifications: Certified Arborist by the Massachusetts Arborist’s Association,
The International Society of Arboriculture, or any successor of either
organization.
• Duties established to cover both Public Shade Trees and other City Trees
• Specifies the role as policy-setter and supervisor
• Working in conjunction with the Urban Forestry Committee to seek grants or other assistance
concerning the preservation and maintenance of the City’s tree canopy.
• Working in coordination with the Urban Forestry Committee to expend the funds appropriated
for planting and maintaining trees on city land under the jurisdiction of the Tree Warden.
• Working in conjunction with the Urban Forestry Committee to develop and publish rules,
regulations, tree inventory, manuals, and other data and documents necessary to carry out
the purposes and intent of this ordinance.
• Supervising the planting and care of City Trees to ensure that such planting and care meets
these rules, regulations and standards.

5. 12-105: Urban Forestry
Committee
• Composition: Tree Warden, City Arborist, and 9 Residents (7
adult, 2 youth)
• Powers and Responsibilities expanded by Ordinance
• This committee’s public meetings shall be the forum for all Tree Hearings,
including those held in compliance with the requirements for Public and
Shade trees set forth in G.L. c. 87, s 3.
• Upon request of the applicant, this committee shall have the authority to
reduce or to waive any required replantings or payments associated with
the issuance of a Tree Permit
• This committee shall keep records of trees planted and removed within the
City of Somerville, and shall issue regular reports on the overall status of the
city’s urban canopy.

6. 12-106, 107: Removal of
Public Shade Trees
• Two Substantive Changes
• Finding in writing by Tree Warden precedes a
Tree Removal Hearing
• that Hearing is now at a public meeting of the
Urban Forestry Committee
• Notice requirements for that hearing now
expanded to all Residents within 150 ft of the tree

7. 12-108: Replacement of
Healthy Public Shade Trees
• Replacement requires planting trees whose combined
DBH equals or exceeds the Replacement Caliper of
the tree that was removed
• replacement trees must be located at or near the location from
which the tree was removed
• replacement trees must conform to standards established by the
Urban Forestry Committee
• Previously: “Any healthy public shade tree removed at the request
of a property owner, or agent thereof, shall be replaced within one
year from date of removal. The replacement tree shall be of such
size and species as specified by the tree warden.”

8. 12-109: Tree Fund
• Fund explicitly for replacement of Healthy Public
Shade Trees removed at request of property owner
• Expands the role of the Urban Forestry Committee
• Value of replacement trees to be determined by the UFC
rather than solely the Tree Warden
• funds will be expended by the City Arborist, with input from
the UFC
• intent is to integrate replanting with citywide plan

9. 12-111: Removal of City
Trees
• Strengthens public notification and
hearing process
• Notification must be sent to all members of the
UFC
• Hearings will be held at meetings of the UFC

10. 12-112: Removal of Private
Trees
• New section modeled on Cambridge, Lexington,
Newton, Washington DC
• Significantly Relaxed from the proposed Zoning
Amendment

11. Permit Process
• All private tree removals require a permit from Tree Warden
• NO FEE for a permit application or grant
• 20 business days start to finish on permit process
• application includes plan showing location and size of each tree on the
property, indicating clearly which trees will be removed
• no surveyor, architect, or landscaper stamp required
• if replacements are planned, location/species/size must be specified in
the permit application
• replacements must be on the same or adjacent lot, NOT in the public
right-of-way or public property

12. Permit Conditions
• Significant (6”) or Very Significant (24”+) Trees must be
replaced in some manner
• replanting: new trees equal to total replacement size
• payment in lieu: schedule TBD by UFC
• Waiver of Requirement May Be Requested for Any Reason
• Hearing of UFC at Public Meeting within 60 Days
• Applicant may speak to reasons for requesting waiver
• UFC will vote on waiver approval at that meeting

13. Tree Replacement
Standards
• Replacement trees must be planted within 18 months from the date the
tree permit is issued
• Replacement trees must be as specified Tree Permit, and must be planted
according to standards published by the Urban Forestry Committee.
• In the event that trees of the size described in the Tree Permit cannot be
obtained, multiple smaller replacement trees may be planted such that the
total DBH is the same.
• Replacement trees must survive for a minimum of 18 months from planting
• documentation as to the date of the planting must be filed with the Tree
Warden within 15 days of the planting

14. When is No Permit
Required?
• Pruning and Maintenance
• Shrubs, or Trees smaller than 1.5” diameter
• Public Health, Safety, or Service Emergencies - just
call the Tree Warden for notification
• Tree Warden will inform UFC at the next meeting
• Tree Warden may suspend ordinance during
emergency weather events

15. Enforcement
• Stop Work Orders will be issued by Director of ISD
(or designee)
• City may file civil action for injunctive relief

16. Penalties
• $300 “per offense”
• $300 PER DAY (beyond 30) without filing a permit for
removal, fine issued to property owner
• If a tree is removed without a permit, property owner
can file retroactively within 30 days with no penalty
• note: issuance of permit requires replacement plan or
payment-in-lieu prior to granting permit
• $300 PER INCH of tree diameter removed, fine issued to
contractor who performed the removal

17. Open Questions
from Public Comment
• Is 6” too small for a “Significant Tree”?
• Newton and Cambridge say 8”, Lexington 6”
• Should owner-occupied 1-3 family properties be
automatically exempt from replacement or fees-in-lieu?
• A residency requirement of 18 months after removal
is the standard in Newton. How is it enforced?
• What incentives can the city offer for tree planting and
maintenance on private property?