If you’re a homeowner in Massachusetts and wondering, “Can I just cut down a tree on my land?”, the short answer is: Sometimes — but it depends. Tree removal is regulated at multiple levels (state, municipal, environmental), and navigating all the rules can be tricky. Let’s break down what you need to know.
Why This Matter:
Before you grab the chainsaw, consider:
You might need a permit or approval from local authorities (e.g. for “significant trees”).
If the tree is in a protected area (wetlands, buffer zones, scenic roads), extra rules apply.
If the tree sits near or across property lines, disputes can arise around ownership and rights to trim or remove.
Violating laws can lead to fines, liability, or civil damages.
This post aims to clarify when you can remove a tree, when you must get permission, and what risks to watch out for if you don’t.
1. Massachusetts State Law — “Timber Trespass” and General Rights
Timber Trespass (M.G.L. c. 242, § 7)
Under Massachusetts law, a person who, without license, willfully cuts down, carries away, girdles, or otherwise destroys trees … on the land of another is liable in tort for three times the assessed damages (i.e., treble damages).
However, if the defendant had “good reason to believe” that the land was theirs or that they were authorized, liability is limited to single damages.
Importantly, this timber trespass law applies whether the action was intentional or accidental, and whether the “person” is the homeowner or someone hired by them (like a tree service).
So, even if you think you own the land, if you misinterpret the boundary and chop down someone else’s tree, you can be in serious trouble.
Overhanging Limbs & Roots (“Right of Self-Help”)
Massachusetts law generally recognizes that a property owner may trim branches or roots from a neighboring tree that encroaches onto their property — but only up to the property line. You may not go beyond that line or harm the tree more than necessary.
You do not need to seek permission in many cases to trim encroaching limbs/roots, so long as you stay within your boundary.
That said, if your trimming causes the tree to die or become unstable, you might be liable for damage.
2. Local / Municipal Regulations & Tree Preservation Bylaws
While state law offers a broad framework, the detailed rules are often set at the city or town level. Many Massachusetts municipalities have tree protection ordinances, local permitting rules, or restrictions on the removal of certain “significant” trees.
Here are some common types of local rules:
Tree removal permit requirement: Some cities (e.g. Cambridge) require property owners to apply for a permit before removing a “significant tree.”
Mitigation/replacement requirements: The city may require the owner to plant replacement trees or pay into a tree fund if removal is approved.
Wetland/conservation jurisdiction: If the tree is in or near wetlands, buffers, riverfront zones, or conservation lands, the local Conservation Commission may have authority to prevent removal.
Scenic road or historic district protections: Some towns have rules preventing tree removal along designated scenic roads or historic districts without extra review.
Tree warden authority: In many towns, the “Tree Warden” or municipal forestry personnel have oversight of tree removal in public ways or shade trees (even on private land if the tree is in the public right-of-way).
Case example – Cambridge: Cambridge’s ordinance requires removal permits for trees meeting “significant” criteria. The application must include arborist assessments, and the city may require mitigation (e.g., planting replacement trees or paying into a fund) as a condition of granting the permit.
Because municipal rules differ widely across Massachusetts, you must check with your city or town government (Planning, Conservation, Forestry, or Tree Warden) before acting.
3. Special Restrictions & Environmental Laws
Beyond general and local rules, certain environmental protections may limit what you can do with trees on your property.
Wetlands Protection Act & Conservation Commission
Work (removal, grading, cutting, etc.) in or near wetland resource areas, riverfront zones, or buffer zones usually requires review or permission from the Conservation Commission.
Removing trees in those regulated zones without approval can lead to penalties or orders to restore the land.
Historic or Conservation Restrictions
If your property is subject to historic district rules, conservation easements, or deed restrictions, removing certain trees may require additional approval or be prohibited.
Some local laws protect public shade trees or street trees; even if the trunk is on your land, if it’s classified as a public shade tree, you may need a permit from the tree warden.
Emergency Hazards
In some cases, if a tree is imminently dangerous (e.g., at risk of falling on a structure or public area), local authorities may allow or order removal without full permitting, but you should document the hazard and check local rules.
4. Property Line & Boundary Trees: Who Owns What?
One of the most contentious issues is when a tree is near or straddles the property line. Here’s how Massachusetts law typically handles it:
Trees Wholly on Your Land
If the entire trunk of the tree is on your property, it is your tree (even if you didn’t plant it). You generally have the right to remove it, subject to municipal rules and permits.
Boundary or Shared Trees
If the trunk straddles both parcels, the tree is often considered tenants in common — i.e., joint ownership. Neither party can unilaterally remove the whole tree without the consent of the other, unless the tree is a nuisance.
Each owner typically has the right to prune branches or roots that encroach onto their own property, but cannot damage the rest of the tree or remove it entirely without agreement.
In boundary situations, the safer route is to get agreement from both sides or resolve the dispute via mediation or court.
5. Best Practices Before You Chop
Confirm property boundaries. Hire a land surveyor if needed. Misjudging a line could land you in treble-damage territory under the state’s timber trespass law.
Check local rules and bylaws. Contact your city/town’s Planning, Conservation, Tree Warden, or Forestry departments.
Consult an arborist. Especially for large trees or ones near structures, an arborist can assess health, recommend safe removal, or determine whether pruning is sufficient.
Document hazard (if relevant). If you’re claiming the tree is dangerous or dead, document with photos, expert opinion, or a written report.
Obtain necessary permits. If local regulations demand a permit, get it before work begins.
Notify neighbors (if applicable). Especially with boundary trees or shared concerns, it’s wise (though not always legally required) to keep neighbors in the loop to avoid disputes.
Use insured licensed professionals. If you hire a tree service, make sure they’re insured, licensed (if required locally), and follow safe practices. If damage occurs, liability may fall partly on you as the property owner.
6. What Happens If You Violate the Rules?
Civil liability: You could be required to pay damages to a neighbor whose tree you cut improperly. Under the timber trespass statute, damages may be tripled in severe cases. Fines or penalties: Some local bylaws impose fines for unauthorized cutting or violation of tree protection ordinances.
Restoration orders: In environmentally sensitive areas (wetlands, conservation zones), a court or commission may order you to restore removed vegetation.
Criminal penalties: In limited cases (especially cutting public shade trees or trees in the public way), state law imposes criminal penalties of up to six months imprisonment or fines up to $500.
7. Key Takeaways & Tips:
Always check local municipal rules before you act. The rules in Newton differ from those in Somerville, Cambridge, or a small rural town
When in doubt, get professional help — arborists, surveyors, or local government staff can help you stay legal and avoid neighbor disputes.
Document everything: your permit, your communications, photos, expert reports — these may protect you if a dispute arises.
Conclusion
Yes, in many cases you can legally remove a tree on your own property in Massachusetts — but “legal” is not unlimited. You must navigate state statutes (like the timber trespass law), local tree bylaws and permit regimes, environmental protections (particularly around wetlands), and any shared-ownership or boundary tree issues.
Matt Witte strives to be the best realtor in Andover, MA.
Any questions about real estate, reach out to Matt Witte, Andover Realtor, MA
