Mass. Gen. Laws » Part I Title XIV Chapter 87
Massachusetts General Laws

Mass. Gen. Laws ch. 87, § 2 (2026)

Powers of tree wardens

✓ current as of July 2026
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Section 2. The tree warden of a town may appoint and remove deputy tree wardens. He and they shall receive such compensation as the town determines or, in default thereof, as the selectmen allow. He shall have the care and control of all public shade trees, shrubs and growths in the town, except those within a state highway, and those in public parks or open places under the jurisdiction of the park commissioners, and shall have care and control of the latter, if so requested in writing by the park commissioners, and shall enforce all the provisions of law for the preservation of such trees, shrubs and growths. He shall expend all money appropriated for the setting out and maintenance of such trees, shrubs and growths, and no tree shall be planted within a public way without the approval of the tree warden, and in towns until a location therefor has been obtained from the selectmen or road commissioners. He may make regulations for the care and preservation of public shade trees and establish fines and forfeitures of not more than twenty dollars in any one case for violation thereof; which, when posted in one or more public places, and, in towns, when approved by the selectmen, shall have the effect of town by-laws.

Notes of Decisions
Cited in 2 cases, 1979–2000 · leading case: Bd. of Pub. Works v. Bd. of Selectmen, 387 N.E.2d 146 (Mass. 1979).
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Bd. of Pub. Works v. Bd. of Selectmen, 387 N.E.2d 146 (Mass. 1979). “45, § 5), and tree warden (G. L. c. 87, § 2). On the board of public works are conferred "all the powers and duties now or from time to time vested by general law or special act” in the enumerated town agencies, as well as such additional powers as the town may provide by by-law…”
Hackett v. Costa, 12 Mass. L. Rptr. 420 (Mass. Super. Ct. 2000). “" G.L.c. 87, §2. Other than as specified in the statute, public shade trees may not be cut, trimmed or removed, in whole or in part, by any person other than the tree warden “even if he be the owner of the- fee in the land on which such tree is situated” except by written permit…”
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