On January 28th, Boston Mayor Michelle Wu signed a public tree protection ordinance, a recommendation proposed in the City’s Urban Forest Plan. The ordinance is a decisive next step in building Boston’s resilience against climate change; it sets forth comprehensive regulations to protect trees on City-owned land such as parks, school grounds, libraries, and public housing, mandating tree surveys for construction projects, and encouraging communities to participate in decision-making processes related to the effects on the City’s urban forests. It also aims to improve management practices of public trees and reduce the tree canopy gap among neighborhoods to address urban heat islands and improve air quality.

The ordinance, which went into effect on March 28th, is the first part of a multi-phased approach to cultivate urban forests in Boston. By establishing these standards for public trees only, the City intends to set a precedent for how these regulations can ultimately be expanded upon to address trees on privately owned properties.

“The signing of the public tree protection ordinance is a testament to our shared goal of building a city that prioritizes environmental stewardship and community well-being,” said Wu. “In taking this step, we’re not only preserving our urban forest but also shaping a brighter, more sustainable future for all residents.”

Nitsch has highlighted five key points identified in the public tree protection ordinance:

1. All public trees are protected – this includes trees in rights-of-way and on City-owned land (including properties owned by the Boston Water and Sewer Commission, Boston Housing Authority, Boston Public Schools, Boston Planning and Development Agency, etc.);
2. A “Public Shade Tree” is located within the public way and cannot be trimmed, cut, or removed without approval from the City’s Tree Warden. Trees greater than 3 inches in Diameter at Breast Height (DBH) must have a public hearing in order to do so;
3. Tree replacement is required for removal of Public Shade Trees. This must meet total caliper size (for example – one 12-inch tree could be replaced with three 4-inch trees). If replacement is not immediately available, a replacement fee must be paid prior to removal;
4. A tree survey must be performed by a Certified Arborist and all trees greater than 3 inches in DBH must be identified on City-owned properties (DBH is measured at 4 ½ feet above grade); and
5. The Arnold Arboretum and Boston Public Garden are exempt from the ordinance, as these properties already have protections set in place.

Please contact John Schmid, PE, LEED AP BD+C, Executive Project Manager with any questions about how the public tree protection ordinance may impact City of Boston projects.