Do you need a permit?
It depends on the tree
New Bedford has no general tree-preservation ordinance — a sweep of the whole code turns up no Trees chapter, no removal permit, no protected-tree list and no citywide diameter threshold. For a typical yard tree the answer is no. The exception is water: within 100 feet of any bank, lake, river, pond, stream or land subject to flooding, cutting is regulated, and the city publishes a Vegetation Alteration Application built for exactly that.
Size threshold
No citywide threshold. The only published number is the scope limit of the Conservation Commission's streamlined form: "TREE(S) REMOVAL (LIMIT OF 5 TREES > 4" DIAMETER MEASURED @ 4.5' FROM GRADE)," with anything beyond five trees requiring a full RDA or Notice of Intent. Read that carefully — it caps what the short form covers, it does not exempt trees under 4 inches from jurisdiction.
What's protected in New Bedford
- Any tree within Conservation Commission jurisdiction. Section 15-102: "no person shall remove, fill, dredge, alter, or build upon or within one hundred (100) feet of any bank; upon or within one hundred (100) feet of any lake, river, pond (or) stream; land under any fresh or salt waters; or upon any land subject to flooding or inundation by groundwater or surface water." Section 15-108(A) names "damage vegetation" explicitly.
- Public shade trees — any tree within a public way or on its boundaries, including the strip in front of your house even where you own the fee underneath. Removal requires the tree warden and a posted public hearing under M.G.L. c.87.
- Trees on development sites subject to Site Plan Review, where zoning section 5471(i) requires minimizing removal of trees six-inch caliper or larger. This does not reach ordinary homes — review triggers at commercial or industrial projects of 2,000 square feet or more, multi-family of 4+ units, subdivisions, drive-thrus and similar.
- Trees on special-permit sites, where a Development Impact Statement must describe "trees over sixteen (16) inches in diameter." That is a disclosure requirement at permit stage, not a homeowner permit.
- Trees in airport approach zones, where an "Airport hazard" is defined as "Any structure or tree which extends into any airport approach zone."
How to apply in New Bedford
- 1
These steps apply only if your tree is within 100 feet of a wetland resource area. Outside that, New Bedford publishes no application at all.
- 2
If you are unsure whether your lot is even in jurisdiction, section 15-104 lets you ask: "Any person desiring to know whether proposed work or an area is subject to this ordinance may in writing file a request for determination of applicability."
- 3
Complete the Vegetation Alteration Application. Give the reason and scope of work, species, location, timing, and specifically who will perform the work.
- 4
Submit the form with photos of the targeted vegetation to the Conservation Agent so the request can be assigned a public hearing date.
- 5
You or your representative must appear before the Commission to request the administrative approval. It meets the first and third Tuesdays of the month, and applications are due 12 days in advance.
- 6
If you are removing more than five trees, file an RDA or a Notice of Intent instead of the short form.
Fees, penalties, and the ordinance
- Fee
- The Vegetation Alteration Application does not state a fee, and it is not listed on the city's filing fee worksheet. If you exceed five trees and must file an RDA or Notice of Intent, the worksheet states: "Nonrefundable application and field review of a project is $200.00 plus the applicable alteration fee," with the alteration fee running $0.10 per square foot or linear foot of buffer zone altered, capped at $6,500.00.
- Penalties
- Section 15-108(E): "Any person who violates any provision of this article or regulations promulgated hereunder, or any person who violates any permit, enforcement order or violation notice issued by the conservation commission or its authorized agent, shall be punished by a fine of not more than three hundred dollars ($300.00). Each day or portion thereof during which a violation continues, or unauthorized fill or other alterations remain in place, shall constitute a separate offense."
- Ordinance
- New Bedford Code of Ordinances Chapter 15, Article VII — Wetlands Protection, sections 15-101 through 15-112 (Ord. of 4-19-11, amended Ord. of 7-27-17). Also Chapter 9 (Zoning) sections 5351(a), 5420-5427 and 5471(i); Chapter 6 section 6-121 (nuisances); Chapter 3 (airport approach zones). Code current through Supplement 19, codified through the Ordinance of August 21, 2025. No section governs private tree removal outside wetland jurisdiction. State law: M.G.L. c.87 ss.1 and 3.
Worth knowing
- The strongest evidence that no tree permit exists is the city's own DPI Permitting FAQ, which enumerates every permit the department issues — water, sewer, drain, stormwater, sidewalk/driveway and trench. The word "tree" appears nowhere in it.
- The Forestry Division's scope is explicitly public land: trimming healthy trees, removing dead or diseased ones, planting and brush clearing "along public roadways." It is not a permitting body for private yards. Reach it at (508) 979-1550, 1105 Shawmut Avenue.
- A restriction homeowners miss, verbatim from the Vegetation Alteration form: "STUMPS CAN ONLY BE GROUND DOWN TO GRADE LEVEL, DIGGING STUMPS IS PROHIBITED UNLESS OTHERWISE AUTHORIZED."
- Even with no permit needed, section 6-121 makes "Dead, decayed, diseased or hazardous trees" a nuisance condition, so the city can compel removal on private property.
- New Bedford has exactly one local historic district, the Bedford-Landing Waterfront Historic District, and its review covers buildings. There is no local historic-district tree review.
- Stump and root work can trip a trench permit: one is required "when excavating a trench that is not in the City Right of Way that will be equal to or greater than 3 feet deep." Any work in the right of way must be done by a City-bonded contractor.
- The city runs an Adopt-a-Tree program where a $150 contribution has DPI plant a street tree of your choice from a pre-approved list.
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 holds the title of Tree Warden. State law requires one and the city employs Todd Rapoza as "Arborist" in DPI Park Maintenance, but no city page names a Tree Warden by that title. Confirm with DPI rather than assuming.
- — Whether the Vegetation Alteration Application carries a fee. The form states none and the fee worksheet does not list it.
- — The correct DPI main line. The department's own contact page gives 508-979-1556 while its sidebar, the permit FAQ and the Adopt-a-Tree release all give 508-979-1550. Both are reported here rather than reconciled.
- — A direct phone or email for the Forestry Division specifically. Only DPI main numbers are published.
- — Any local penalty for illegally cutting a public shade tree. Only the state penalty under M.G.L. c.87 was found.
- — Whether the Historical Commission's review of changes affecting a property "or its setting" in the waterfront district has ever been applied to tree removal. Trees are not named in it.
Sources
- New Bedford Code of Ordinances (Municode)
- City of New Bedford — Conservation Commission
- City of New Bedford — Conservation Forms
- City of New Bedford — 2024 Vegetation Alteration Application (PDF)
- City of New Bedford — 2024 Filing Fee Calculation Worksheet (PDF)
- City of New Bedford — DPI Permitting FAQs (PDF)
- City of New Bedford — DPI Forestry Division
- M.G.L. c.87 s.3 — cutting; public hearing