Do you need a permit?
No permit required for most private trees
Dover has a real tree chapter and a City Arborist, and both stop at your property line. Chapter 133 defines PUBLIC TREES as trees "now or hereafter growing on any street, park, cemetery, or public place," and Section 133-4A requires a permit only for work on "any tree on any street, park or public place." No permit is needed to take down a tree in your own yard at any size. Dover does keep one hook into private property: Section 133-3B lets the City Arborist order work on a private tree "when he shall find such action necessary to public safety or to prevent the spread of disease or insects to public trees and places," and bill you for it.
Size threshold
None. Chapter 133 contains no diameter, circumference or height threshold. The trigger throughout is location - street, park, cemetery or public place.
What's protected in Dover
- Public trees. Section 133-2 defines PUBLIC TREES as "shade, ornamental and forest trees or shrubs now or hereafter growing on any street, park, cemetery, or public place," and PUBLIC PLACES as "all streets, highways, parks, cemeteries, easements or other grounds owned by the City."
- Everything in the street right-of-way, which Dover defines broadly. Section 133-2: "STREET or HIGHWAY - The entire width of every public way or right-of-way when any part thereof is open to the use of the public as a matter of right for purpose of vehicular or pedestrian traffic." That includes the strip in front of your house.
- Any tree within 20 feet of an excavation. Section 133-10A: "No person shall excavate any ditches, tunnels or trenches or lay any drive within a radius of 20 feet from any public tree without obtaining a permit from the City Arborist."
How to apply in Dover
- 1
These steps are for a public tree - a tree in the street, a park, a cemetery or on other City ground. You do not need any of this for a tree in your own yard.
- 2
Section 133-4A: file an application with the City Arborist and get a permit before you "plant, spray, fertilize, prune, remove, cut or otherwise disturb above or below the ground any tree on any street, park or public place."
- 3
Section 133-5D: supply a certificate of insurance, a professional license and information on where the work will be done. A pesticide applicator must supply a State of New Hampshire pesticide applicator's license.
- 4
Section 133-5A: the Arborist issues the permit "if the proposed work is desirable and the proposed method and workmanship thereof are in accordance with reasonable arboricultural specifications and standards of practice."
- 5
Section 133-5B: do the work inside the permit window. "Any permit granted shall contain a definite date of expiration and the work shall be completed in the time allowed on the permit and the manner as therein described. Any permit shall be void if its terms are violated."
- 6
Section 133-9: if you are removing a public tree you must replace it. "Said replacement shall meet the standards of size, species, and placement as provided for in the permit issued by the City Arborist. The person or property owner shall bear the cost of removal and replacement of all trees removed."
- 7
Section 133-5C: report completion. "Notice of completion shall be given within five days thereof to the City Arborist for his or her inspection. Notice of completion may be waived at the discretion of the Arborist."
Fees, penalties, and the ordinance
- Fee
- Chapter 133 sets no fee for the public tree permit. Section 133-11 refers penalties to "the City Fine Schedule," which is maintained separately.
- Penalties
- Section 133-11: "Violations of any provision of this chapter shall be subject to a fine as provided in the City Fine Schedule. The violator shall be liable for the cost of restoration of the affected vegetation to a condition which conforms to the provisions of this chapter to the satisfaction of the Community Services Director. If a violator fails to ensure that the above-said conformance is accomplished within 30 days of receiving written notification from the City Arborist, the restoration shall be accomplished by the City and charged to the violator." Section 133-7 adds that for damage to a public tree "The City may recover the cost of repair or replacement of such mutilated tree."
- Ordinance
- Code of the City of Dover, New Hampshire, Chapter 133 (Trees and Vegetation), Sections 133-1 through 133-11. Chapter history: "Added by the City Council of the City of Dover 11-13-2013 by Ord. No. 2013.10.09-013 as Ch. 163 of the 2013 Code." Sections 133-6B, 133-6D and 133-11 were amended 2-12-2020 by Ord. No. 2020.01.08-001. Code includes legislation through 04-28-2026.
Worth knowing
- You have an affirmative duty to prune the trees on your side of the line that overhang the street. Section 133-6A: it is "the duty of any property owner or person occupying real property upon which there may be trees or plants bordering on any street to prune such trees or plants in such a manner that they will not obstruct or shade the streetlights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, obstruct the view of any street or alley intersection, or will not create any other hazard to the public." The clearances are specific: "The minimum clearance of any overhanging portion thereof shall be 10 feet over sidewalks and 12 feet over all streets except truck thoroughfares, which shall be 16 feet."
- If you do not prune, the City orders it and then does it. Section 133-6B gives you 10 days after written notice; Section 133-6D: "it shall be lawful for the City to prune or remove such trees or plants, and all costs thereof shall be charged to the property owner thereof."
- The one real reach onto private land is Section 133-3B: "The City Arborist shall have the authority to order the trimming, spraying, preservation or removal of trees or plants upon private property when he shall find such action necessary to public safety or to prevent the spread of disease or insects to public trees and places. The cost of such work may be billed to the property owner." Compare Section 133-3A, which limits the Arborist's general regulatory authority to "all public places."
- You cannot prune the street tree in front of your house either. Section 133-7: "Unless specifically authorized by the City Arborist, no person shall damage, prune, transplant, or remove any public tree."
- Dover licenses no tree services as a trade. The insurance and license requirement in Section 133-5D attaches to the permit application, not to doing business in the city.
What we could not confirm
We would rather tell you what we don't know than guess. Call the office below to confirm these before you cut.
- — Who the City Arborist currently is and how to reach that person directly. The ordinance creates the role, but the Dover municipal directory lists no "City Arborist" position - the closest published roles are the Community Services Director and the Facilities, Grounds and Cemetery Superintendent. We are recording that gap rather than guessing.
- — The dollar amounts in the City Fine Schedule that Section 133-11 points to.
- — Whether the Zoning Ordinance (Chapter 170), the Site Review Regulations (Chapter 153) or the Land Subdivision Regulations (Chapter 157) impose tree preservation duties on a house lot. Section 157-35 (Parks, open space and natural features) and Section 153-16 both mention trees but apply to subdivision and site plan review rather than to a single-family removal.
- — Whether the Cocheco, Bellamy or Piscataqua Rivers or Great Bay make part of Dover a protected shoreland under RSA 483-B. Tidal waters are public waters by statute, so this is likely for waterfront lots - confirm with NHDES.
- — Whether Dover has an appointed tree warden under RSA 231:139 in addition to the City Arborist.
Sources
- Dover Code Chapter 133 - Trees and Vegetation (full chapter)
- Dover Code Sec. 133-3 - Authority of City Arborist
- Dover Code Sec. 133-2 - Definitions (public tree, public place, street)
- City of Dover - Community Services
- City of Dover - Municipal Directory (department phone numbers)
- NH RSA 231:140 Control of Trees