Do you need a permit?
It depends on the tree
Hudson has no tree ordinance and no tree removal permit, and for a tree in an ordinary yard there is nothing to apply for. The one place a private tree is regulated is the Wetland Conservation District in Article IX of the zoning ordinance, and there the drafting is strict: Section 334-36B says "Any use that is not expressly permitted in Section 334-36A or by conditional use in Section 334-36C is prohibited," and the permitted-use list is expressly limited to activities that do not "involve substantial clearing of vegetation, except for the purposes of agriculture or forest management."
Size threshold
None. Hudson sets no diameter or circumference threshold for tree removal anywhere in its code.
What's protected in Hudson
- Vegetation in the Wetland Conservation District. Section 334-36A allows only uses that "will not: require the erection or construction of any structure; alter the natural surface configuration by re-contouring or grading of the land, involve filling, dredging, or draining of the wetland; change the flow of water; result in the pollution of the wetlands, surface water, or groundwater; or involve substantial clearing of vegetation, except for the purposes of agriculture or forest management as described below."
- Forest management in the wetland buffer, which is allowed but conditioned. Section 334-36A(1): "Forest management in the wetland buffer, consistent with best management practices published by the New Hampshire Department of Resources and Economic Development and UNH Cooperative Extension, or their successors," and the whole list is "subject to review by the Conservation Commission and the Planning Board."
Fees, penalties, and the ordinance
- Penalties
- No tree-specific penalty. A violation of the Wetland Conservation District is a zoning violation; Chapter 55 of the code sets Building, Planning and Zoning civil penalties. RSA 231:156 covers a public shade tree.
- Ordinance
- Code of the Town of Hudson, New Hampshire, Chapter 334 (Zoning), Article IX (Wetland Conservation District), Sections 334-33 through 334-37. Section 334-36A(6) fixes a date in the current version by allowing "Rehabilitation, repair or replacement of stormwater management facilities or other structures that lawfully existed prior to March 11, 2020." Code includes legislation through 05-15-2025.
Worth knowing
- The conditional use route exists but starts from a presumption against you. Section 334-36C: "Any use not identified as a permitted use listed in Section 334-36A is presumed to impair the wetland functions and values unless proven otherwise by an applicant," with the Planning Board granting conditional use permits under Section 334-37.
- Some of what the district prohibits is worth knowing even if you are only taking down a tree: Section 334-36B bars "Activities which result in soil compaction such as parking vehicles or heavy equipment" in the district except by conditional use. A bucket truck or a stump grinder in a wetland buffer is exactly that.
- Hudson's subdivision regulations ask for judgment rather than a permit. Section 289-23: "Due regard shall be shown for all natural features, such as large trees, watercourses, scenic points, historic spots and similar community assets which, if preserved, shall add attractiveness and value to the SUBDIVISION." That is a subdivision standard, not a homeowner rule.
- Hudson licenses no tree services.
- If you are clearing rather than removing one tree, file the RSA 79:10 Notice of Intent to Cut with the Hudson assessing officials before starting.
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.
- — The width of the Hudson wetland buffer. Section 334-35 sets the district boundaries and Section 334-6 defines BUFFER, but we did not read the numeric buffer distance. Ask Community Development for your address before cutting near wet ground.
- — Whether Hudson has an appointed tree warden under RSA 231:139. Nothing in the code creates the office.
- — Direct phone numbers for Hudson Public Works, Community Development and the Conservation Commission. Only the Town Hall main line is confirmed here.
- — Whether the Merrimack River frontage in Hudson falls inside the RSA 483-B protected shoreland. The Merrimack is a large river and probably qualifies, but confirm with NHDES.
- — Whether the Aquifer Protection provisions in Chapter 334 restrict vegetation clearing.