Proposed Bylaw Extends Protection For Public Trees

CHATHAM – The Lorax would be proud.

Under the eyes of the mythic Dr. Suess creature who spoke for the trees, the select board last week agreed to sponsor a tree protection bylaw that would enhance existing state laws that provide protection for certain trees.

The general bylaw will “clarify, amplify and fill in the gaps” in the existing law that protects public shade trees, said Dee Dee Holt of Chatham Friends of Trees, which proposed the measure. The bylaw gives additional protections to trees in public spaces like town-owned parks and forests and provides guidelines for replacement of lost trees. It also establishes a revolving fund to cover the cost of replacing trees.

The bylaw specifically does not apply to trees on private property, said Holt, noting that the town has been recognized by the Arbor Day Foundation’s Tree City USA program for the past 10 years.

“Clearly when we do as much as we can to preserve and protect Chatham trees along our streets, in our parks and in our woodlands, we benefit from their value, and we will preserve our natural resources for future generations,” she said.

More than 100 years ago, she said, the state instituted laws to protect public shade trees, trees located within the layout of public ways. But the laws only addressed the removal of the trees, not their replacement, and has grown antiquated, she said.

“Without such a requirement to replant trees, Chatham will permanently lose trees in our parks and along our streetscapes,” Holt said. She cited as an example three large maple trees, all public shade trees, in the Homestead Lane neighborhood lost to storms in recent years that have not been replaced.

The proposed bylaw provides more details about when public shade trees can be removed. It requires the tree warden, who has jurisdiction over public trees by state law, to coordinate with other town departments, boards and commissions on the replacement of public shade trees that require removal for construction, demolition or other activities. The tree warden is also empowered to issue permits for planting, removal, pruning and other activities that impact public shade trees. A detailed tree replacement section is included in the bylaw.

The bylaw extends protection to non-public shade trees that are located on town property, as well as trees growing in town-owned woodlands. When building facilities like sewer pump stations or water treatment plants, or any town building, in a woodland area, it requires that trees be identified, their disturbance minimized and a replanting plan be included.

“Fortunately the town has been sensitive to this in the past,” Holt said. “The bylaw simply makes it explicit.”

Violations of state shade tree law can be punished by fines of up to $500 for each offense, and violations of provisions of the proposed tree protection bylaw not covered by the state law can be subject to fines of up to $300 per offense. Violations include causing damage to a town or public shade tree or unauthorized pruning or removal. Revenue from fines would go into the revolving fund to be used to pay for caring for and replacing trees.

An emergency provisions allow pruning or tree removal when there is a public safety concern, and the tree warden can waive provisions of the bylaw during emergencies such as hurricanes, floods or other acts of nature.

The measure won the endorsement of the planning board, park and recreation commission and current interim tree warden Dan Tobin. Select board members were supportive as well. Board member Jeff Dykens wanted even stricter measures included for acts like girdling trees. He noted an incident at the town-owned Seaside Links Golf Course a few years ago in which several large trees along the course’s edges were girdled and died.

“That was a clear, egregious, intentional act of killing beautiful trees,” he said. “It was brazen. We ought to whack them if we find who did it.” He asked that town counsel review the fine provisions and to ensure that girdling is included.

The board voted unanimously to both sponsor the bylaw as a separate article at the May 13 annual town meeting and to support its passage.