Do you need a permit?
It depends on the tree
Rochester has no tree removal permit and no diameter threshold for an ordinary house lot, and the city says so twice over: the Conservation Overlay District, which is the one place a private tree is protected, exempts "Lots of record" outright unless you are subdividing or going through site plan review. If you are on an existing lot, that exemption is your answer. If you are not - a new subdivision, a site plan, or land that has never been a lot of record - the Conservation Overlay allows only a listed set of uses, and the only tree removals on the list are hazardous trees and invasive vegetation.
Size threshold
None for private tree removal. Two thresholds do appear in the code for other purposes. Section 275-2.2 defines "DIAMETER AT BREAST HEIGHT (or DBH) - The elevation at which the size of an established tree is customarily measured, 4 1/2 feet above grade." And Section 223-15 borrows the state scenic-road convention for the City's own roadside clearing: "Any tree with a circumference of 15 inches or more at a point four feet from the ground will not be removed by the City without due notification to the owner unless such tree presents an immanent threat to safety or property." That is circumference at 4 feet, not diameter at 4.5 feet, and it is a limit on the City rather than on you.
What's protected in Rochester
- Trees in the Conservation Overlay District on land that is not an exempt lot of record. Section 275-12.8C: "Any uses not listed in this section are prohibited in the CO District." The listed allowances include only "(9) Removal of hazardous trees" and "(10) Removal of invasive vegetation," plus "(6) Forestry, including both logging operations and tree farming subject to RSA 227-J:9."
- The land within 25 feet of a wetland edge. Section 275-12.8B(8): "The land surface within 25 feet of the edge of the wetland shall not be altered. Herbicides and heavy equipment are prohibited within 25 feet of the edge of the wetland."
- Trees in the roadside right-of-way, which the City clears on its own program under Section 223-15 with notice to the abutter under RSA 231:145 and 231:146.
Fees, penalties, and the ordinance
- Penalties
- No tree-specific penalty. A violation of the Conservation Overlay District is a zoning violation enforced under RSA 676. RSA 231:156 covers a public shade tree.
- Ordinance
- Code of the City of Rochester, New Hampshire, Chapter 275 (Zoning), Article 12 (Conservation Overlay District), Sections 275-12.1 through 275-12.8; the district was originally adopted October 7, 2003, a date the code fixes in the Section 275-12.5C exemption. Chapter 223 (Highways and Sidewalks), Article I, Section 223-15 (Highway roadside clearing). Rochester also has an Aquifer Protection Overlay District (Article 10), an Aviation Overlay District (Article 11), a Flood Hazard Overlay District (Article 13) and a Historic Overlay District (Article 14). Code includes legislation through 10-07-2025.
Worth knowing
- The lot-of-record exemption is the single most useful sentence for a Rochester homeowner. Section 275-12.5D exempts "Lots of record, except that any lot requiring subdivision (i.e., that creates two or more lots) or minor site/site plan review must meet the requirements of this article."
- There is a second exemption for existing houses. Section 275-12.5C permits "the construction of additions and extensions to one- and two-family dwellings and accessory residential uses" inside the CO District if the dwelling "lawfully existed prior to the original adoption of the Conservation Overlay District on October 7, 2003," the work conforms to all other City rules, and the use continues.
- Small wetlands drop out entirely. Section 275-12.5A exempts "All wetlands less than 1/2 acre in size, except vernal pools."
- If you are inside the overlay, know how far it reaches. Section 275-12.3 sets the buffer at 75 feet from the ordinary high-water mark of the Cocheco, Salmon Falls and Isinglass Rivers, 50 feet from named streams and surface waters, and 50 feet from the edge of a jurisdictional wetland on poorly or very poorly drained soils, with the instruction that "In all cases the more restrictive buffer shall be used."
- The overlay is not a mapped zone you can look up by district name. Section 275-12.2: "The overlay district shall include rivers, lakes, ponds, perennial streams, vernal pools, all jurisdictional wetlands and the surrounding upland areas of each of these resources."
- Rochester licenses no tree services.
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 Rochester has an appointed tree warden under RSA 231:139. The code does not create the office; Section 223-15 assigns roadside clearing to the City generally.
- — Whether the Historic Overlay District (Chapter 275 Article 14) requires review before removing a tree. We confirmed the district exists but did not read its standards.
- — A direct phone number for the Rochester Planning and Development Department and for the Conservation Commission. Only the DPW numbers are published on the page we verified.
- — Whether the Cocheco or Salmon Falls Rivers are fourth-order or higher, which would make part of Rochester a protected shoreland under RSA 483-B and put the state waterfront buffer point score on top of the City rules. Ask NHDES.
- — Whether the Rochester Fine Schedule sets an amount for a zoning violation involving tree removal.
Sources
- Rochester Code Sec. 275-12.8 - Conservation Overlay District, uses allowed
- Rochester Code Sec. 275-12.5 - Exemptions; preexisting residential structures, uses and lots
- Rochester Code Sec. 275-12.3 - Buffer defined
- Rochester Code Sec. 223-15 - Highway roadside clearing
- City of Rochester - Department of Public Works
- NH RSA 231:158 Effect of Designation as Scenic Roads (circumference test)