262 MASS. EXPERIMENT STATION BULLETIN 170. 



state highway, and except those in public parks or open places under the jurisdiction 

 of the park commissioners, and of those, if so requested in writing by the park com- 

 missioners, 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, but no trees shall be planted 

 within the limits of 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 com- 

 missioners, where authority has been vested in said commissioners. Regulations, 

 other than those made by the terms of this act, for the care and preservation of 

 public shade trees made by him, and in towns approved by the selectmen, and 

 posted in two or more public places, imposing fines and forfeitures of not more than 

 twenty dollars in any one case, shall have the force and effect of town by-laws. All 

 trees within or on the limits of a public way shall be public shade trees; and when 

 it appears in any proceeding where the ownership of or rights in the tree are material 

 to the isisue, that, from length of time or otherwise, the boundaries of the highway 

 cannot be made certain by the records or by monuments, and that for that reason 

 it is doubtful whether the tree be within or without the limits of the highway, or 

 is public or private property, it shall be taken to be within the limits of the highway 

 and to be public property until the contrary is shown. 



Section 3. Except as provided by section five, public shade trees shall not be 

 cut, trimmed or removed, in whole or in part, by any person other than the tree 

 warden or his deputy, whether such person is or is not the owner of the fee in the 

 land on which such tree is situated, except upon a permit in writing from said tree 

 warden, nor shall they be cut down or removed by the tree warden or his deputy 

 or other person without a public hearing at a suitable time and jjlace, after notice 

 thereof posted in two or more public places in the town or city and upon the tree 

 at least seven days before such hearing, and after authority granted by the tree 

 warden therefor: provided, hoivever, that if the tree warden shall refuse to cut or 

 remove or issue a permit to any such owner to cut or remove any such tree or other 

 growth, the damages, if any, sustained by him shall be determined in towns by the 

 selectmen and in cities by the officer or officers in charge of the public shade trees 

 and shall be paid by the town or city. Any person aggrieved by the action of the 

 selectmen or said officer or officers in charge of the public shade trees as to the 

 trimming, cutting, removal or retention of any such tree, or as to the amount 

 awarded to him for the same may have the damages, if any, which he has sustained, 

 determined by the superior court for the county in which the said tree is or was 

 situated, upon a petition filed for the purpose, in the same manner as for the taking 

 of land for ways; and his damages, so determined, shall be paid by the town or city. 



Section 4. Tree wardens shall not cut down or remove or grant a permit for 

 the cutting down or removal of a public shade tree if, at or before a public hearing 

 as provided in the preceding section, objection in writing is made by one or more 

 persons, unless such cutting or removal or permit to cut or remove is approved by 

 the selectmen or by the mayor. 



Section 5. Tree wardens and their deputies, but no other person, may, without 

 a hearing, trim, cut down or remove trees, under one and one half inches in diameter 

 one foot from the ground, and bushes, standing in highways; and, if ordered by 

 the mayor and aldermen, 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 travelling thereon. Nothing contained in 

 this act shall prevent the trimming, cutting or removal of any tree which endangers 

 persons travelling on a highway, nor the removal of any tree, if so ordered by the 

 proper officials, for the purpose of widening the highway, and nothing herein con- 

 tained shall interfere with gypsy and brown tail moth suppression, as carried on 

 under the direction of the state forester and the United States department of 

 agriculture, except the cutting and removal of trees, shrubs and growths that are 

 one and one half inches or more in diameter one foot from the ground. 



