Chris Dwan is the co-chair of the Urban Forestry Committee and worked with city councilors on the ordinance which goes into effect August 1. A “significant” tree is one that measures 8 inches or more in diameter. — Photo by Denise Keniston

By Denise Keniston

The city of Somerville passed an updated and cohesive Tree Preservation Ordinance making it harder for homeowners and developers to cut down trees on their private property.

Chris Dwan, a member of the newly-formed Urban Forestry Committee, worked with city councilors on the new ordinance. “There are many changes to the old ordinance,” he says, “The biggest addition is the permitting process for cutting down trees on private property. Somerville property owners must apply for a permit to take down any tree over 8 inches in diameter – which is considered a ‘significant’ tree.”

The permit application process requires property owners to “include a plan showing the location, species, and DBH (diameters) for each tree on the property and must indicate clearly which trees are to be removed.”

A replacement planting plan is also required. “In other words,” says Dwan, “Inch for inch the plantings have to match the removals. If the property owner takes down a tree twelve inches in diameter, there must be a plan to plant younger trees whose diameters total 12 inches.”

Penalties will be assessed per day that a property owner doesn’t have a permit and the penalties kick in thirty days after the tree is illegally removed. “These are big trees and require a special contractor and, hopefully, this (penalty) serves as a disincentive to the property to stop coming in and cutting down large trees,” says ordinance co-sponsor Ward 2 Councilor J.D.Scott. “These penalties can really add up for the property owners!”

Penalties are assessed for every tree removed illegally without a permit. The fine is $300 a day and could easily go into the thousands if not addressed. — photo courtesy of Google Maps

The ordinance goes into effect August 1 and will likely impact developers looking to cash in on Somerville’s “buy and flip” real estate mania. “Private developers are coming in and buying up properties and cutting down all the trees and putting up this suburban-style landscaping which is apparently what luxury condo-buyers want,” says ordinance co-sponsor Ward 5 Councilor Mark Niedergang. “But, they’re getting rid of a lot of our trees, and it’s really just beginning, and we’ve been losing a lot of our tree cover. The trees on private property shouldn’t be up for clear-cutting by developers.”

Penalties will be assessed per day that a property owner does not have a permit and the penalties kick in thirty days after the tree is illegally removed. “These are big trees and require a special contractor and, hopefully, this [penalty] serves as a disincentive to the property to stop coming in and cutting down large trees,” says ordinance co-sponsor Ward 2 Councilor J.D.Scott. “These penalties can really add up for the property owners.”

“These are big trees and require a special contractor and, hopefully, this [penalty] serves as a disincentive to the contractor performing the work just to come in and start cutting down large trees,” says ordinance co-sponsor Ward 2 Councilor J.D.Scott. “That puts the responsibility on the contractor if they don’t see the permit.”

Property owners have the option to make a payment to the Street Tree Fund instead of replanting. According to Dwan, those funds are specifically earmarked for “the planting and care of trees in Somerville.”

There are exclusions written into the ordinance. Among them, property owners are free to take down invasive species such as a Norway Maple or a Tree of Heaven no matter the size. “If it’s an invasive tree it doesn’t count as a ‘significant’ tree,” says Vanessa Boukili, Senior Urban Forestry and Landscape Planner. “We are preparing a list of invasive trees so property owners can clearly understand these exclusions in the permit process.”

Somerville resident Mike Grunko attended a public hearing at city hall on Tuesday, March 12 and is in favor of the ordinance. “If we allow trees in our yards to grow, and we encourage them, that really helps our environment. The trees in our yards provide a place for wildlife, such as birds and other animals,” says Grunko. “We need to get away from paved yards that allow for run-off, and we need to have green things growing in our city.”

The ordinance goes into effect August 1 and can be downloaded in its entirety from the city’s website here https://www.somervillema.gov/sites/default/files/2019-15-tree-preservation.pdf.  The City of Somerville provides a thorough tree inventory online with detailed statistics and environmental benefits of more than 14,000 trees. You can access it with this link or going to www.somevillema.gov and searching “tree inventory”: https://www.somervillema.gov/departments/office-strategic-planning-and-community-development-ospcd/ospcd-urban-forestry.