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NH Forestry Mulching & Construction

New Hampshire Tree Removal Laws: What Property Owners Need to Know



Tree removal regulations play a crucial role in preserving New Hampshire's natural beauty and ecological balance while respecting property owners' rights. 


Known as the Granite State, New Hampshire boasts a diverse landscape of forests, mountains, and lakes that contribute significantly to its charm and economy. 


These regulations are designed to protect this natural heritage while allowing for necessary development and land management.

NH Forestry Mulching and Construction, based in Rochester, NH, is well-versed in navigating these regulations to ensure compliant and responsible tree removal. Their expertise can be invaluable for property owners looking to manage their land while adhering to state and local laws.

Learn more about our professional tree removal services in Rochester, NH.


Importance of tree removal regulations in New Hampshire


New Hampshire's tree removal regulations serve several vital purposes:


  1. Environmental protection: Trees are essential for maintaining air quality, preventing soil erosion, and providing habitats for wildlife. Regulations help preserve these ecological functions.

  2. Scenic preservation: The state's natural beauty, a key driver of tourism and quality of life, is largely dependent on its forested landscapes. Regulations help maintain this aesthetic value.

  3. Water quality management: Trees play a critical role in watershed protection, particularly in areas near lakes, rivers, and wetlands. Regulations help safeguard water resources.

  4. Climate resilience: Forests act as carbon sinks and help mitigate the effects of climate change. Preserving trees contributes to the state's climate action goals.

  5. Public safety: Regulations ensure that tree removal is done safely and professionally, preventing potential hazards from falling trees or improper removal techniques.


NH Forestry Mulching and Construction prioritizes these aspects in their tree removal practices, ensuring that each project contributes to the overall health of New Hampshire's ecosystem..


Balance between property rights and environmental conservation


New Hampshire's tree removal laws strive to strike a delicate balance between individual property rights and the collective interest in environmental conservation:


  1. Property owner flexibility: The regulations allow property owners to manage their land, including removing trees when necessary for development, safety, or personal preference.

  2. Community interests: At the same time, the laws recognize that trees provide benefits that extend beyond individual property lines, affecting entire communities and ecosystems.

  3. Local control: Many tree removal decisions are left to local municipalities, allowing for regulations that reflect the specific needs and values of different communities across the state.

  4. Reasonable restrictions: The laws aim to impose only necessary restrictions, focusing on areas of particular environmental sensitivity or public interest.

  5. Education and awareness: Regulations often come with educational components, helping property owners understand the value of trees and encouraging voluntary conservation efforts.


Understanding these regulations is crucial for property owners, developers, and conservationists alike.

As experts in the field, NH Forestry Mulching and Construction can help property owners navigate this balance, ensuring that their land management needs are met while respecting environmental considerations.


As we delve deeper into the specific laws and their applications, it's important to keep in mind this fundamental tension between individual rights and collective environmental responsibility that shapes New Hampshire's approach to tree removal.



General Tree Removal Regulations in New Hampshire


New Hampshire's approach to tree removal regulation involves a combination of state-level laws and local ordinances. This two-tiered system allows for broad environmental protection while giving municipalities the flexibility to address their specific needs and concerns.


State-level regulations


  1. Basal Area Law (RSA 227-J:9)

    • Applies to timber harvesting operations

    • Requires maintaining a minimum basal area of trees after cutting

    • Aims to prevent clear-cutting and ensure forest regeneration

  2. Shoreland Water Quality Protection Act (RSA 483-B)

    • Regulates tree removal within 250 feet of public waters

    • Requires maintaining a certain percentage of tree cover in the waterfront buffer

    • Aims to protect water quality and prevent erosion

  3. Wetlands Protection (RSA 482-A)

    • Requires permits for removing trees in or near wetlands

    • Aims to protect sensitive ecosystems and water resources

  4. Timber Tax Law (RSA 79)

    • Requires filing an Intent to Cut form before commercial timber harvesting

    • Ensures proper taxation and oversight of logging operations

  5. Scenic Roads Act (RSA 231:157-158)

    • Protects trees along designated scenic roads

    • Requires public hearings before removing trees on these roads


Local ordinances and their variation across municipalities


While state laws provide a baseline for tree removal regulations, many New Hampshire municipalities have enacted their own, often more stringent, ordinances. These local regulations can vary significantly from town to town.


  1. Urban tree ordinances

    • Common in larger towns and cities (e.g., Manchester, Nashua)

    • Often regulate removal of street trees and trees in public spaces

    • May require permits for removing trees above a certain size on private property

  2. Zoning restrictions

    • Some towns incorporate tree preservation into their zoning laws

    • May limit tree removal in certain zones or require replanting

  3. Historic district regulations

    • Towns with historic districts often have stricter tree removal rules in these areas

    • Aim to preserve the historic character of the neighborhood

  4. Conservation overlay districts

    • Some municipalities create special districts with additional tree protection

    • Often in environmentally sensitive areas or areas of particular scenic value

  5. Subdivision regulations

    • Many towns require tree preservation or replanting plans as part of new development approvals

  6. Tree warden programs

    • Some towns appoint tree wardens who oversee public trees and enforce local ordinances


Examples of local variation:


  • Portsmouth, NH has a detailed urban forest ordinance requiring permits for removing trees over 6 inches in diameter.

  • Hanover, NH requires a permit for removing more than 3 trees in a year from a residential property.

  • Exeter, NH has specific regulations for tree removal in its historic district.


NH Forestry Mulching and Construction stays up-to-date with these regulations, ensuring that all their tree removal projects in Rochester and beyond comply with state laws and local ordinances.


Protected Trees and Forests


New Hampshire places special emphasis on protecting certain trees and forested areas due to their ecological, historical, or aesthetic significance. Understanding these protections is crucial for property owners and land managers.


Heritage trees


  1. Definition

    • Heritage trees are individual trees of exceptional value due to their age, size, species, or historical significance

    • No statewide definition exists; criteria may vary by municipality

  2. Local protections

    • Some towns maintain inventories of heritage trees

    • Removal often requires special permits or may be prohibited entirely

    • Examples:

      • Durham's Tree Ordinance protects trees of historical significance

      • Concord has a Notable Tree program to recognize and protect significant trees

  3. State Champion Tree Program

    • Recognizes the largest known specimen of each tree species in the state

    • While not legally protected, these trees are often given special consideration

  4. Penalties

    • Unauthorized removal of designated heritage trees can result in significant fines

    • Some municipalities require replacement with trees of similar value


Trees in wetland areas


  1. New Hampshire Wetlands Bureau regulations

    • Govern activities, including tree removal, in and around wetlands

    • Require permits for most tree cutting in wetland areas

  2. Buffer zones

    • Protections often extend beyond the wetland itself into buffer areas

    • Width of buffer zones can vary based on the type and significance of the wetland

  3. Allowable activities

    • Limited tree removal may be permitted for maintaining views or controlling invasive species

    • Must be done in a manner that minimizes impact on the wetland ecosystem

  4. Mitigation requirements

    • If tree removal in wetlands is approved, replanting or other mitigation measures are often required


Trees in protected forests or conservation areas


  1. White Mountain National Forest

    • Federal regulations govern tree removal

    • Strictly limited to forest management activities and special use permits

  2. State Forests and Parks

    • Managed by the NH Division of Forests and Lands

    • Tree removal generally limited to authorized forest management activities

  3. Conservation easements

    • Many private lands in NH are under conservation easements

    • These legal agreements often restrict or prohibit tree removal

    • Terms can vary widely depending on the specific easement

  4. Town forests and conservation lands

    • Many municipalities have their own protected forest areas

    • Regulations vary but generally prohibit unauthorized tree removal

  5. Current Use program (RSA 79-A)

    • Provides tax incentives for keeping land undeveloped

    • While not strictly protected, enrolled forests have restrictions on clear-cutting

  6. Research Natural Areas

    • Designated areas in state or federal forests set aside for scientific study

    • Tree removal is typically prohibited except for research purposes


Protecting these special trees and forested areas is crucial for maintaining New Hampshire's ecological integrity, preserving its natural heritage, and ensuring the continued environmental and economic benefits of its forests. 


Property owners and land managers should be aware of any protected status that might apply to trees on their land and consult with local and state authorities before undertaking any significant tree removal activities in these areas.


Fines for Illegal Tree Removal


  1. State-level fines

    • Violations of the Basal Area Law can result in fines up to $2,000 per acre

    • Illegal cutting in protected shoreland areas can incur fines up to $5,000 per tree

    • Wetlands violations can lead to fines of up to $5,000 per day of violation

  2. Local ordinance violations

    • Fines vary by municipality but can be substantial

    • For example, Portsmouth's fines for unauthorized removal of public trees can reach $500 per inch of tree diameter

  3. Civil penalties

    • In addition to fines, violators may be liable for civil penalties

    • These can include the cost of restoration or the assessed value of illegally removed trees

  4. Criminal penalties

    • Severe or willful violations can result in misdemeanor charges

    • Timber trespass (cutting trees on another's property without permission) can lead to criminal penalties and liability for up to 10 times the market value of the trees



Obtaining Permits for Tree Removal


In New Hampshire, many tree removal activities require permits to ensure compliance with state laws and local ordinances. Understanding when and how to obtain these permits is crucial for property owners and developers.


When permits are required


  1. Commercial timber harvesting

    • Intent to Cut form required for operations yielding more than 10,000 board feet or 20 cords of wood

  2. Wetland areas

    • Permit required for removing trees in or near designated wetlands

  3. Shoreland zones

    • Permit needed for tree removal within 250 feet of public waters

  4. Protected forests

    • Special use permits required in state or federal forests

  5. Urban areas

    • Many municipalities require permits for removing trees above a certain size on private property

    • Almost always required for street trees or trees in public spaces

  6. Development projects

    • Often part of site plan review process for new construction or major renovations

  7. Scenic roads

    • Permit required for removing trees along designated scenic routes


NH Forestry Mulching and Construction can assist you in navigating the permit application process, ensuring that all necessary documentation is prepared and submitted correctly. Our experience with local regulations in Rochester and surrounding areas can streamline this often complex process.



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