The Town of Lexington finds that mature trees
have aesthetic appeal, contribute to the distinct character of certain
neighborhoods, improve air quality, provide glare and heat protection,
reduce noise, aid in the stabilization of soil, provide natural flood-
and climate-control, create habitats for wildlife, enhance property
values and provide natural privacy to neighbors.
This bylaw is enacted for the purpose of preserving
and protecting both public shade trees pursuant to General Law Chapter
87 and certain trees on portions of private property. To achieve these
purposes, this bylaw establishes a Tree Committee and empowers the
Committee, in conjunction with the Tree Warden, to regulate the removal
and replacement of trees in certain circumstances, and to promote
the planting and protection of trees throughout the Town. It is desirable
that the Town plant more trees than are removed to compensate for
tree losses and the length of time to maturity. The provisions of
this bylaw, when pertaining to private property, apply only when there
is major construction or demolition as defined below and only within
setback areas.
[Amended 3-27-2019 ATM by Art. 34]
The Public Grounds Superintendent within the
Department of Public Works shall serve as the Tree Warden unless another
designee is appointed by the Select Board.
A. The duties or responsibilities of the Tree Warden
shall conform to General Law Chapter 87 and shall include, but not
be limited to, the following as may be further specified in this bylaw:
(1) Management of all trees within public rights-of-way
and adjacent to public buildings and commons; care and control of
trees on Town property if so requested by the Select Board, and on
Town land owned by other departments such as Schools, Recreation and
Conservation, if so requested by the respective department and approved
by the Select Board;
(2) Expending funds, in coordination with the Tree Committee,
appropriated for planting trees on Town land under the jurisdiction
of the Tree Warden;
(3) With recommendations from the Tree Committee, granting
or denying and attaching reasonable conditions to all permits required
under this bylaw;
(4) Work in conjunction with the Tree Committee to seek
grants or other assistance concerning the preservation and maintenance
of trees in Town;
(5) Development of rules, regulations, tree inventory,
manuals and other data, in conjunction with the Tree Committee, to
carry out the purposes and intent of this bylaw for approval and promulgation
by the Select Board;
(6) Enforcement of this bylaw;
(7) Appointment or removal of Deputy Tree Wardens.
B. Moreover, the Select Board may authorize the Tree
Warden to undertake other responsibilities consistent with the purposes
and intent of this bylaw.
Provisions of this bylaw shall not apply to:
A. Emergency projects necessary for public safety, health
and welfare as determined by the Director of Public Works or the Town
Manager;
B. Trees that are hazardous as determined in writing
by the Tree Warden;
D. Trees identified by the Commonwealth that pose a risk
of disease or insect infestation.
[Amended 3-27-2019 ATM by Art. 34]
The Select Board may promulgate, after public
notice and hearing, rules and regulations to effectuate the purposes
and intent of this bylaw. Failure by the Select Board to promulgate
such rules and regulations shall not act to suspend or invalidate
the effect of this bylaw.
If any section, paragraph or part of this bylaw
is for any reason declared invalid or unconstitutional by any court,
every other section, paragraph and part shall continue in full force.
Nothing in this bylaw shall be construed to
restrict, amend, repeal, or otherwise limit the application or enforcement
of existing Town of Lexington bylaws or Commonwealth of Massachusetts
laws.
[Added 3-31-2004 ATM by Art. 34; amended 4-4-2005 ATM by Art.
16; 4-4-2007 ATM by Art. 13; 3-27-2019 ATM by Art. 34]
Collection of voluntary contributions under
this bylaw shall be deposited into the Lexington Tree Fund, provided
such fund is annually reauthorized, or otherwise to the surplus revenue
of the Town. The Tree Warden, with input from the Tree Committee,
will request use of these funds for tree planting, transplanting,
and other tree-related needs. The request to expend these funds will
be approved by the Select Board.
[Added 4-4-2007 ATM by Art. 13]
The Lexington Tree Management Manual will be
used as the standard for tree planting, maintenance and protection
in the Town.
[Added 4-5-2017 ATM by
Art. 37; amended 4-14-2021 ATM by Art. 34]
Replacement Inch Calculation Table
|
---|
Level
|
Removed Tree
|
Replacement Inches
|
---|
Level 1:
|
Less than 24" DBH; or a tree of any size to be removed in order
to comply with a condition, restriction or requirement of a local,
state, or federal permit
|
Same as inches removed
|
Level 2:
|
24" DBH and larger
|
4 times inches removed
|