Section 5. Tree wardens and their deputies, but no other person, may, without a hearing, trim, cut down or remove trees, less than one and one half inches in diameter one foot from the ground, and bushes, standing in public ways; and, if ordered by the mayor, selectmen, road commissioners or highway surveyor, shall trim or cut down trees and bushes, if the same shall be deemed to obstruct, endanger, hinder or incommode persons traveling thereon or to obstruct buildings being moved pursuant to the provisions of section eighteen of chapter eighty-five. Nothing contained in this chapter shall prevent the trimming, cutting or removal of any tree which endangers persons traveling on a highway, or the removal of any tree, if so ordered by the proper officers for the purpose of widening the highway and nothing herein contained shall interfere with the suppression of pests declared to be public nuisances by section eleven of chapter one hundred and thirty-two, including the Dutch elm disease.
Notes of Decisions
Twomey v. Commonwealth, 444 Mass. 58 (Mass. 2005).
“The sentence in G. L. c. 87, § 5, beginning, “Nothing contained in this chapter shall prevent the trimming, cutting or removal of any tree which endangers persons traveling on a highway,” may fairly be construed as an exception permitting the Commonwealth to trim trees that…”
Jones v. Town of Great Barrington, 269 Mass. 202 (Mass. 1929).
· cites it 3× “G. L. c. 87, § 5, makes provision for the removal of trees within the limits of public ways which obstruct, endanger, hinder or incommode persons on public ways.”
Cody v. City of North Adams, 265 Mass. 65 (Mass. 1928).
“” *68 Under G. L. c. 87, § 5, tree wardens may, without a hearing, cut down trees “less than one and one half inches in diameter one foot from the ground,.”
Hackett v. Costa, 12 Mass. L. Rptr. 420 (Mass. Super. Ct. 2000).
“G.L.c. 87, §5. If ordered by the mayor, selectmen, road commissioners or highway surveyor, the tree warden shall trim or cut down trees and bushes “if the same shall be deemed to obstruct, endanger, hinder or incommode persons traveling thereon .”
Young v. Town of Royalston, 11 Mass. L. Rptr. 75 (Mass. Super. Ct. 1999).
“The apparent authority that the selectmen relied upon to order the removal of the trees was G.L.c. 87, §5 which allows for “. . . the cutting or removal of any tree which endangers persons traveling on a highway .”
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