• Newton has an ordinance that protects public trees and trees of a certain size (8 inches diameter and larger at breast height) on large residential properties (more than four units) and on commercial property.

• “Protection” in this context means that removal of these trees requires a permit and either replacement with saplings or payment into a tree replacement fund.

• However, occupied properties with one to four family units are exempt from tree protection measures in the current ordinance.

• The “occupied” clause was intended to have developers–but not Newton residents–replace cut trees. It’s not working, for many developers get residents who sell their property to cut down trees before they close the sale.

• There are no protections for abutters’ trees and no notification requirement, so many neighbors do not know trees will be cut until the bucket trucks show up.

• The City Council’s Programs and Services Committee (P&S) has been working to develop a stronger ordinance that will protect more trees, but the committee's draft does not go far enough to put in place strong tree protections across all properties in Newton.

• P&S will finalize their proposed ordinance language and send their version to the Finance Committee for approval or revision.

• After Finance, the final draft will go to the full City Council for discussion, possible amendment, and a vote.

• The P&S draft of August 11, 2023, incorporates some much-needed requirements:

  • permits for removal of any tree 6 inches or larger

  • certification that a tree is dead, diseased, or dangerous

  • protection for abutters’ trees & notification to abutters

  • tree replacement or payment into the City’s tree fund for some properties

• But the proposed P&S language still has exemptions that that leave trees unprotected on more than half of City lands:

  • Exemptions continue for 1-2 family lots without planned construction in the next 24 months

    • 1-2 family lots are 53% of City lands, 80% of residential properties

    • 1 family lots include the wealthiest residential properties in Newton

• A new exemption is created for the Newton Cemetery Corporation (NCC), which recently cut down 220 mature trees and lobbied to maintain their ability to remove any trees it wants in order to make more space for burial plots

  • NCC holds 4.4 million square feet of land in Newton

  • accreditation as a Level 2, 3, or 4 arboretum is misleading, for only level 4 requires tree conservation

  • NCC’s tree payment fee for cutting 220 trees (waived by the mayor after appeal) was $300,000–almost as much as one year of what the mayor requested voters to fund in the override ($500,000)

source:http://arbnet.org/accreditation/apply-accreditation

• Protect trees 6” in diameter at breast height (DBH) and larger on ALL lots

  • No exemptions for 1-2 unit lots

  • No exemption for cemeteries

    • or at the very least, a requirement of level 4 arboretum accreditation to be exempt

  • Removal of trees certified as dead, diseased, dangerous, or benefiting the overall canopy does NOT require replacement trees or payment of fees

• Require BOTH tree replacement AND payment into the City’s tree fund

  • Required payment should reflect the enormous environmental benefits of trees and the costs of their loss to neighbors and the City

  • Reduce payment only for property owners with documented fixed or low incomes

This idea creates loopholes because it is difficult to enforce: Newton’s Tree Warden does not currently have the staff to follow every tree permit for 24 months to see if there is construction.

If trees are cut, the property is sold, and then construction occurs within two years, it is the new property owners who must pay, not those who cut the trees. How will new property owners know about the requirements?

Young trees and mature trees do not provide equal ecosystem benefits (Marc Welch, public presentation, April 21, 2022).

• A mature tree (30 years old) sequesters 2600 lbs of carbon, but a young tree (2 years old) sequesters only 60 lbs.

• A mature tree conserves 1300 kWh per year, a young tree, 150 kWh per year.

• A young tree uses more water for early growth than it saves in stormwater drainage for the first 3 years after planting.

Just replacing trees that are cut 1:1 with saplings, even a lot of them, does not make up for all of the environmental benefits of mature trees. In one study, a 30” diameter tree captured 90 times more carbon, blocked 10 times more air pollution and had a leaf area 100 times the size of a 6” diameter tree. Since it takes decades for trees to mature, the saplings that are planted to replace a mature tree would not provide an equivalent benefit for a long time– time we do not have to spare with the rapid pace of climate change. Another recent study demonstrated that New England is one of the fastest warming places on the planet, so we need to act fast.

Source: Marc Welch, “The Environmental Importance of Mature Street Trees,” 4/21/2022 https://youtu.be/MWUNFXxSK_w?si=tc3Q2_Ke8PfKuUSn&t=1993

https://www.deeproot.com/blog/blog-entries/why-investing-in-mature-tree-growth-is-beneficial-for-cities-a-financial-and-environmental-case/#:~:text=The%20larger%2C%20mature%20tree%20was,city's%20financial%20and%20ecological%20health.

When you submit a form signed by a Certified Arborist confirming that the tree is diseased or dangerous, no replacement trees or payment is required.

The current and all proposed versions of the ordinance do not require replacement or payment for a tree whose removal “improves the overall health of the tree canopy.” The Tree Warden has stated publicly that phrase can include removal of invasive species with certification, but a blanket exemption for Norway maples would make the ordinance difficult to enforce.

Trees removed for solar panels will require replacement and/or payment. Pruning trees or alternative siting of panels may avoid the need to cut trees.

Trees removed for a garden or construction will require replacement and/or payment. An architect or landscaper with green development skills will be able to help you site your garden or construction around existing green infrastructure. Better siting may avoid the need to cut trees.

• Programs & Services Aug 16 agenda with proposed version of the tree ordinance https://www.newtonma.gov/home/showpublisheddocument/107770/638273427049070000

• Councilors' Sept 2022 presentation

Newton’s Climate Vulnerability Assessment and Adaptation and Resiliency Action Plan: https://www.mass.gov/doc/newton-ccva-and-adaptation-action-plan/download