Do you need a permit?
It depends on the tree
Salem has no tree ordinance and no tree removal permit. The one rule that reaches a private tree is a buffer, not a permit: Zoning Section 490-706 requires "An undisturbed natural buffer area of at least 20 feet in width" around the edge of any regulated wetland, and 100 feet around a designated prime wetland. Inside that 20-foot strip the ordinance names exactly what you may take: "Fallen, dead, diseased, unsafe or New Hampshire identified invasive trees and vegetation may be removed." A healthy tree there is not on the list. Outside the buffers, Salem sets no threshold at all.
Size threshold
None. Salem sets no diameter or circumference threshold for tree removal. Its wetland thresholds are area-based instead: Section 490-706C(2) covers "Wetland areas 1/2 acre or more in size," any size wetland "if contiguous to or containing surface waters (such as lakes, ponds, and streams) or very poorly drained soils," and "Vernal pools over 500 square feet in size."
What's protected in Salem
- Healthy vegetation inside the 20-foot wetland buffer. Section 490-706E: "An undisturbed natural buffer area of at least 20 feet in width shall be maintained around the entire edge of any wetland," with removal limited to "Fallen, dead, diseased, unsafe or New Hampshire identified invasive trees and vegetation."
- The 100-foot prime wetland buffer. Section 490-706E: "An undisturbed natural buffer area of at least 100 feet in width shall be maintained between any designated prime wetland, as defined in RSA 482-A:15 and adopted by Town Meeting, and any new development, including but not limited to structures, dwellings, septic systems, and roads."
Fees, penalties, and the ordinance
- Penalties
- No tree-specific penalty. Disturbing a required wetland buffer is a zoning violation enforced under RSA 676. RSA 231:156 covers a public shade tree.
- Ordinance
- Code of the Town of Salem, New Hampshire, Chapter 490 (Zoning), Article VII (Regulations), Section 490-706 (Wetlands conservation). The section carries an unusually long amendment history for a town-meeting ordinance: "Added by the 1987 Town Meeting; amended by the 1989, 1996, 1997, 2006, 2007, 2012 and 2013 Town Meetings." It is adopted under RSA 674:16, 674:17, 674:20 and 674:21. Code includes legislation through 02-26-2024.
Worth knowing
- The buffer rule has grandfathering built in, and it matters. Section 490-706 exempts from the wetland buffer requirement "the construction of additions and extensions to buildings which existed prior to the effective date of this section (March 1987) or the development or redevelopment of a lot where the buffer does not already exist as of the effective date of this section." For the prime wetland buffer it also exempts "those lots separated from a prime wetland by an existing public road."
- Forestry is an allowed use in a Salem wetland. Section 490-706 lists among permitted uses "Forestry according to recognized tree harvest practices and tree farming." That is a working-woodland allowance, not a homeowner exemption.
- Some wet ground is not a wetland for these purposes. Section 490-706C(3) excludes "A constructed vegetated swale, roadside ditch, or driveway ditch."
- A wetland line has to be drawn by a professional. Section 490-706C(1) requires wetlands to "be identified and mapped by a certified wetland scientist," prime wetlands by the NHDES NH Method, and vernal pools by the NH Fish and Game protocol.
- Salem licenses no tree services.
- Canobie Lake and the Arlington Mill Reservoir are large enough that lots fronting them may sit inside the RSA 483-B protected shoreland, which would put the state waterfront buffer point score on top of the town buffer. Check with NHDES before cutting near either.
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 Salem has an appointed tree warden under RSA 231:139. Nothing in the code creates the office.
- — Whether the tree in the strip between your sidewalk and the road is Town property. Salem's Streets and Sidewalks chapter has no tree section, so the RSA 231:140 acquisition test governs.
- — Direct phone numbers for the Salem Planning Department, the Conservation Commission and Municipal Services. Only the Town Hall main line is published on the pages we verified.
- — Whether Canobie Lake, the Arlington Mill Reservoir or the Spicket River appear on the NHDES Consolidated List of Waterbodies subject to RSA 483-B.
- — Whether Salem's stormwater chapter (Chapter 417), which defines CLEARING at Section 417-107, imposes any permit on residential tree removal. It appears to be a construction-site erosion rule but we did not read it in full.