Do you need a permit?
No permit required for most private trees
Merrimack has no tree ordinance, no tree removal permit and no diameter threshold, and its Wetlands Conservation District is drafted the permissive way rather than the restrictive way: Section 2.02.7 allows "Any use that does not result in the erection of any structure or alter the surface configuration by the addition of fill or by dredging and that is otherwise permitted by the zoning ordinance." Taking down a tree does none of those things. What Merrimack does do, and this is the useful part, is adopt the state shoreland standards by reference and then publish the list of waters they apply to - fifteen of them, including the Merrimack River, the Souhegan River, Baboosic Lake and Naticook Lake.
Size threshold
None in Merrimack's own rules. If your lot is within 250 feet of one of the listed waters, the state thresholds apply through Section 2.02.12: trees scored by diameter measured at 4 1/2 feet above the ground under RSA 483-B:9.
What's protected in Merrimack
- Land within 250 feet of the reference line of fifteen named waters, under the Shoreland Protection District. Section 2.02.12 opens: "The Town of Merrimack hereby declares that it will enforce the New Hampshire Minimum Shoreland Protection Standards as defined by RSA 483-B:9." The listed waters are Baboosic Brook, Baboosic Lake, Bowers Pond, Greens Pond, Harris Pond, Holts Pond, Horseshoe Pond, the Merrimack River, Naticook Lake, Pennichuck Brook, Pennichuck Pond, Retention Pond B, the Souhegan River, Stump Pond and Supply Pond - plus "all areas within the one-hundred (100) year floodplain adjacent to said surface waters."
- Wetland buffers created through Planning Board approval. Section 2.02.7(7) requires a buffer "of not less than twenty-five (25) feet from all applicable wetland areas" on subdivisions and non-residential site plans submitted after March 2000, and provides that "Upon designation of a wetland buffer area on any plat or plan approved by the Planning Board, said buffer area shall thereafter become a part of the Wetlands Conservation District."
Fees, penalties, and the ordinance
- Penalties
- No tree-specific penalty. A violation of the Wetlands Conservation District or the Shoreland Protection District is a zoning violation enforced under RSA 676; shoreland violations are separately enforceable by NHDES under RSA 483-B. RSA 231:156 covers a public shade tree.
- Ordinance
- Town of Merrimack Zoning Ordinance and Building Code, Section 2.02.7 (District W, Wetlands Conservation District) and Section 2.02.12 (Shoreland Protection District - SP), in the 2024 edition updated September 12, 2024. Section 2.02.12A is adopted "pursuant to RSA 674:16 and in accordance with RSA 483-B:8." The wetland buffer requirement at Section 2.02.7(7) took effect March 2000. Merrimack's general ordinances, which contain no tree chapter, include legislation through 04-14-2026.
Worth knowing
- Section 2.02.7 lists "Forestry-tree farming" as a permitted use in the Wetlands Conservation District, and the Flood Hazard Conservation District at Section 2.02.8 lists "Forestry - Tree Farming" the same way. Neither carries a permit requirement of its own.
- The list of shoreland waters is illustrative, not exhaustive, and the town says so: "The above list of applicable water bodies and watercourses is provided for illustrative purposes only. If there is a conflict between the list contained herein and the jurisdictional waters and waterways defined by the above-referenced Administrative Rule, the above-referenced Administrative Rule shall control." The rule is Env-Wq 1401.02.
- The Shoreland district has a development trigger separate from the cutting rules. Section 2.02.12D: "Any Subdivision or Site Plan, which takes place wholly or partially in the Shoreland Protection District, shall obtain approval from the New Hampshire Department of Environmental Services (NH DES) in accordance with NH RSA 483-B."
- Merrimack does regulate cutting on its own land. Code Section 19-3 authorizes silviculture on Town-owned lands, and Section 142-10 prohibits defacing plants in Town facilities. Neither touches your yard.
- Merrimack 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 Merrimack 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.
- — Whether Merrimack has an appointed tree warden under RSA 231:139. Nothing in the code or the zoning ordinance creates the office.
- — Whether the tree in the strip between your sidewalk and the road is Town property. Merrimack's Streets and Sidewalks chapter has no tree section, so the RSA 231:140 acquisition test governs.
- — Whether the Merrimack Site Plan Regulations (adopted 11-4-2025) or the Subdivision Regulations (amended 9-3-2019) require tree preservation. Both are separate documents we did not read.
- — Direct phone and email for the Community Development / Planning and Zoning office. Only the Public Works numbers are confirmed here.
- — Which of the fifteen listed waters actually meet the RSA 483-B:4, XVI test for public waters. Merrimack lists them as its own district boundary; NHDES jurisdiction is a separate question.