What is a Tree and Who Owns it?

Trees By Definition & Law

By New Hampshire State Law (RSA 231:158), a tree is defined as having a circumference of 15 inches or more when measured from 4 feet off the ground. Anything smaller than that is considered brush. On newer roads, especially those within a subdivision, the town not only owns the roadway itself, but also the land on either side of the roadway between the pavement and frontal property markers. While this land is often times turned to lawn or landscape by abutting land owners, the land remains owned by the Town and is subject to alterations and restrictions of what an abutting landowner does to it. What this also means is that any trees or brush existing on this land is always subject to removal by the Town.

On older roads, the Town has a Right-of-Way over private property. This grants the Town almost the same regulatory and maintenance abilities as a town owned road EXCEPT for trees (see definition above). They remain the property of the land owner. Should the Town seek to remove one or more of these trees, the land owner must be notified of the towns intentions, and should they desire, may appeal to the Town's Planning Board. Any growth smaller than that of a tree within the right-of-way is subject to removal at all times and any other desired activity from the landowner in this right-of-way should only be done after consulting with Brookline Public Works.

Please feel free to reach out to Brookline Public Works with any questions!