Do you need a permit?
It depends on the tree
Quincy has a real tree ordinance that reaches private land — Chapter 311 says it is enacted "to protect both public shade trees pursuant to MGL c. 87 and certain trees on private land." But it is construction-triggered, not a standalone yard-tree permit. Pull down a tree because you want more sun, with no building project and no wetland nearby, and Chapter 311 does not apply. Tie it to a teardown, a rebuild, or an addition that grows the footprint 25% or more, and every tree over 8 inches DBH on your lot comes into play.
Size threshold
"SIGNIFICANT TREE — Any tree or trees larger than eight inches DBH which are on a lot or which have been removed from the lot within one year prior to the submission of a tree study to the City Arborist." Note two quirks: Quincy measures DBH at four feet above the ground, not the usual 4.5 feet, and the definition has a one-year lookback.
What's protected in Quincy
- Significant trees over 8 inches DBH, on any lot subject to a Table A project or needing a variance or special permit.
- Public shade trees — you cannot remove the street tree even if you own the land under it, and the hearing is at your expense.
- Any tree, shrub or vine in a street or public ground, under section 253-1, which requires written permission from the board or officer in charge.
- Trees inside a wetland resource area or its buffer zone. Chapter 349 defines "alter" to include "Destruction of plant life, including cutting of trees," and this catches pure yard work with no construction at all.
- Critical root zones on construction sites, where section 311-8B(1) bars material storage, equipment cleaning, vehicle traffic, grade changes and paving.
- Any land disturbance of one acre or greater, where section 300-18A(2) defines land disturbance to include vegetation clearing "including tree cutting."
How to apply in Quincy
- 1
For a street tree: submit a Tree Hearing Request form and site plans to the Tree Warden at 1 Merrymount Parkway, Quincy, MA 02170.
- 2
The Tree Warden inspects to determine tree size, species and condition, whether other trees are affected, and what replacement tree would be required.
- 3
Notice is posted on the tree itself and in two or more public places at least seven days before the hearing, and published in a newspaper once in each of two successive weeks. You pay these costs.
- 4
The hearing is held at the Department of Natural Resources building at 1 Merrymount Parkway. You are notified of the date in advance.
- 5
A decision follows within two weeks of the hearing. If approved, removal and replacement are at your expense, and all work must be accomplished or supervised by a certified arborist.
- 6
For a construction project instead: file a tree study — survey, tree protection plan, and mitigation plan — with the City Arborist at least 21 days BEFORE you apply for the building permit, variance or special permit. Then plant replacement trees or pay into the Tree Replacement Fund, and post a bond with the City Clerk before the building permit issues.
Fees, penalties, and the ordinance
- Fee
- No dollar figure is published. For a public shade tree the city states only that "The applicant shall bear all costs of the hearing" and that if a permit is approved "the applicant is responsible for all costs to remove the tree and mitigate for the tree removal, by either planting replacement tree(s) or submitting a fee to City Tree Fund, at the discretion of the Tree Warden." Conservation Commission fees are deferred to unpublished commission and DEP regulations.
- Penalties
- Chapter 311 section 311-10: continuing work after a stop-work order draws "a fine of not more than $300. Each day during which a violation exists shall constitute a separate offense." Failing to replace a significant tree, pay into the Tree Replacement Fund, or post the bond is separately "a fine in the amount of not more than $300" per day. Citations may alternatively be issued under M.G.L. c.40 s.21D at $300 per day. Wetlands violations are $100 per day under section 349-11C. Public shade trees carry the state penalty of "forfeiture of not more than five hundred dollars."
- Ordinance
- Quincy Municipal Code Chapter 311 — Tree Protection, sections 311-1 through 311-12 (adopted 4-22-2008 by Order No. 2008-048; amended 6-1-2020 by Order No. 2020-012). Also Chapter 349 (Wetlands Protection), Chapter 300 Article II (Stormwater Management and Land Disturbance), Chapter 253 section 253-1 (Public Property), and Chapter 25 Article X section 25-59 (Tree Warden). State law: M.G.L. c.87 and c.131 s.40.
Worth knowing
- The one-year lookback is the trap. Cut trees now and apply for a teardown or rebuild permit within twelve months and those already-removed trees still count as significant trees you must mitigate. Do not clear the lot first.
- Table A triggers, verbatim: demolishing a residential structure and replacing it; an addition constituting a 25% or greater increase in building area footprint; demolishing and replacing a nonresidential structure; a 25% or greater nonresidential footprint addition; or any new construction of a residential or nonresidential structure on any lot.
- Replacement trees must be no less than four-inch caliper and in total approximately equal the DBH of the significant trees replaced. No certificate of occupancy issues until replacement or payment is complete.
- Exemptions at section 311-11 cover emergency projects for public safety as determined by the Commissioner of Public Works or Natural Resources, trees the City Arborist finds hazardous, and trees the Commonwealth identifies as an insect or disease risk. Chapter 311 also does not apply to projects solely for low and moderate income housing.
- The wetlands path is the most-missed requirement in Quincy given its salt marsh, coastal bank and beach frontage. Section 349-13 states the ordinance is adopted under home rule independent of the state Wetlands Protection Act, so it can bite where state law would not. Call the Conservation Commission at (617) 376-1485 before cutting near water.
- The city will not remove a street tree because its roots are in your sewer line: "The City of Quincy does not remove trees solely because of roots in the lines." Sewer laterals are the owner's responsibility all the way to the main.
- Inspectional Services runs a walk-in zoning clinic Thursdays 2 to 4 p.m. at 55 Sea Street, explicitly for small property owners planning work on their home. That is the cheapest way to find out whether your project trips Chapter 311.
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.
- — Any dollar fee for a tree study, a public shade tree hearing, or a Conservation Commission filing. None is published.
- — Who holds the statutory "City Arborist" role. Chapter 311 assigns nearly all review authority to a City Arborist appointed by the Mayor, but the city publishes only the Tree Warden and a Project Manager/Forester, noting two ISA-certified arborists on staff.
- — Whether section 311-8B(5) reaches private yard trees. It says it is unlawful "to 'V cut' or top any tree" without written approval, while the chapter's applicability clause scopes Chapter 311 to development lots and public shade trees. The code contradicts itself here and we are not picking a side — call the Tree Warden before topping.
- — The exact wetlands buffer distance. Quincy defers to the DEP definition in 310 CMR, and mass.gov returned 403 to every automated request, so the commonly cited 100-foot figure could not be confirmed from the regulation itself.
- — The Tree Hearing Application form. The city links one but the document center loads files via JavaScript and the direct URL could not be resolved. Request it by phone at (617) 376-1289.
- — Whether Quincy requires a street-opening or right-of-way permit for tree-removal equipment. Chapters 305 and 319 exist but contain no tree-work-specific language.
Sources
- Quincy Municipal Code Chapter 311 — Tree Protection
- Quincy Municipal Code s. 311-2 — Definitions
- Quincy Municipal Code Chapter 349 — Wetlands Protection
- City of Quincy — Forestry Division
- City of Quincy — Public Shade Tree Hearing Policy and Procedure
- City of Quincy — Conservation Commission
- M.G.L. c.87 s.3 — cutting; public hearing