As of March 1, 2024 the City of Newton has instituted its most restrictive tree ordinance to date. This new ordinance takes direct aim at your ability to use your property.
So what makes this ordinance so RESTRICTIVE and why should I care?
It creates a ”TREE SAFE AREA” where the work you can do on your property is restricted and at the sole discretion of the Tree Warden.
This includes, but is not limited to: additions, decks, patios, pools, new construction, demolition, basically any work on your property.
It allows your NEIGHBOR’S trees and THEIR TREE SAFE AREA to restrict your ability to use your private property.
It applies to all trees 6” or greater whenever exterior work is being done.
All lots are subject to the new ordinance.
Homeowners may have to pay a replacement fee for or replace any trees removed from their own property.
You must now notify your neighbors when you plan to cut a tree on your property.
WHAT IS A “TREE SAVE AREA?”
“The Area within the drip line of a tree (edge of tree canopy), or the area within a radius around the tree trunk of 1.5 feet for every inch of DBH (diameter at breast height), whichever is greater.”
HOW DO MY NEIGHBOR’S TREES IMPACT ME?
Here you see in red the huge amount of your property that would fall into your Neighbor’s Tree Save Area. Exterior work in this area would be illegal without a permit from Newton’s Tree Warden.
“Except as provided in a tree permit, construction activities within the Tree Save Area of a Protected Tree, including those on adjoining lots, are prohibited. Activities include, but are not limited to, excavation, trenching or grading, storage of materials or equipment, passage of heavy equipment within the Tree Save Area and spillage of chemicals or other materials, which are damaging to trees. -SEC 21-82(i)
WHAT DOES THIS MEAN FOR A PROPERTY OWNER
THIS MAY SIGNIFICANTLY DEVALUE YOUR PROPERTY.
Your neighbor’s trees can now create a restricted use area on your private property.
Because of this restriction, The City of Newton Tree Warden has sole discretion regarding how your property can be used.
Your entire property could become un-improvable based on the sole discretion of the Tree Warden.
ANY EXTERIOR WORK that you as a private homeowner would like to do on your property will require you hire an arborist and complete a complicated tree risk assessment and application process.
Tree Ordinance
Click below for a Link to the full 2024 tree ordinance on the city website
Tree Save Area
Click below for a Link to the Tree Save Area info sheet (This does not show the impact of your neighbor trees)
Tree Replacement Cost Table
Below is a link to the city’s Tree Replacement Cost Table