An Act To Resolve Differences in the Laws Regarding Public Shade Trees
Maine Legislature, Session 123, LD 1264
Committee: State and Local Government
Sponsors: WAGNER, BEAULIEU, DUCHESNE, HASKELL, MAKAS, PRA IT, SAMSON, BOWMAN
Amends: 30-A MRSA §3281, 30-A MRSA §3282, 30-A MRSA §3283, 30-A MRSA §3284

Legislative Document 
No. 1264 
H.P.892 
House of Representatives, March 8, 2007 
An Act To Resolve Differences in the Laws Regarding Public Shade 
Trees 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative WAGNER of Lewiston. 
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/J7.1J?~ 
MllLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BEAULIEU of Auburn, DUCHESNE of Hudson, 
HASKELL of Portland, MAKAS of Lewiston, McDONOUGH of Scarborough, PRA IT of 
Eddington, SAMSON of Auburn, Senator: BOWMAN of York. 
Pnntr:d nil recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30-A MRSA §3281, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, 
3§ 106 and as amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is repealed 
and the following enacted in its place: 
§3281. Public shade trees 
The Legislature has determined that, in addition to beautifying our highways, trees 
growing within the right-of-way serve important environmental and economic purposes 
in that they release oxygen into the air, absorb carbon dioxide and reduce energy costs by 
providing shade in warm weather and protection against cold winter winds. Public shade 
trees also promote public safety by protecting pedestrian traffic and enhance the aesthetic 
and historical characteristics of the community. All trees within or upon the limits of any 
public highway are public shade trees. 
Sec. 2. 30-A MRSA §3282, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, 
§ 1 06 and as amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further 
amended to read: 
§3282. Appointment and duties of municipal arborists or tree wardens 
The municipal officers of municipalities whlefl that have not appointed conservation 
commissioners under subchapter II 2. may annually appoint a municipal arborist or one or 
more tree wardens who have the care and control of all public shade trees upon and along 
the highways and in the parks of the municipality and all streets within any village limits. 
They shall enforce all laws relating to the preservation of those trees. 
Sec. 3. 30-A MRSA §3283, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, 
§ 1 06 and as amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further 
amended to read: 
§3283. Planting, maintenance and removal of trees 
Public shade trees may be planted, trimmed, cut down or removed by the owner of 
the land only with the consent of a municipal arborist, a tree warden or the conservation 
commission. Public shade trees may be trimmed, cut dov>'R or removed by a tree warden 
or conservation commissioner only with the consent of the landowner. 
1. Planting, trimming, cutting or removal authorized. This section does not 
prevent the trimming, cutting or removal of authorizes a municipality to plant, trim, cut 
and remove public shade trees when the plantif!&, trimming, cutting or removal is 
properly ordered by proper authority to: 
A. 
Layout, alter or widen the location of highways; 
B. 
Lessen the danger oftravel on highways; ef 
C. 
Suppress tree pests or insects~~ 
D. Remove dead or dying trees or branches; 
E. Remove trees or branches that interfere with public works projects; or 
F. Promote pedestrian safety on public walkways. 
2. Notice; review. At least 21 days before planting, trimming, cutting or removing 
public shade trees in a right-of-way, a municipality shall notify the abutting property 
owner of the proposal to plant, trim, cut or remove trees. 
A. Within 10 days of receiving the notice, the abutting property owner may request 
review of the municipality's decision. The property owner may request that the 
municipal arborist, tree warden or conservation commission, as appropriate, review: 
the proposal. 
The property owner must be given an opportunity to express the 
property owner's concerns with the proposal and to negotiate an appropriate change. 
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B. If the property owner is dissatisfied with the result of the review under paragraph 
A, the property owner may appeal the proposal and the review to the municipal 
officers. 
C. A municipality shall adopt standards for review and approval of proposals under 
this subsection consistent with the findings set forth in section 3281. 
3. Exception for emergency situations. Subsection 2 does not apply to emergency 
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situations. 
4. Action by property owner. An abutting property owner may request permission 
from the municipal arborist, tree warden or conservation commission, as applicable, to 
plant, trim, cut or remove trees in a right-of-way. If there is no municipal arborist, tree 
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warden or conservation commission, the municipality shall designate a municipal official 
to receive and respond to property owner requests. 
5. Municipal standards. A municipality shall adopt standards governing: 
A. 
When planting, trimming, cutting and removal of trees in rights-of-way by a 
property owner is permissible. The standards must: 
( I ) 
Address the planting, trimming, cutting and removal of shrubs and 
herbaceous plants; and 
(2) Address setbacks from utility poles, sidewalks, other trees and other objects 
in or near the right-of-way; 
B. The review and approval of a utility's plan to trim, cut or remove by cutting trees 
I 
located within the public right-of-way of a public way and trim or cut portions of 
trees encroaching upon the public right-of-way when necessary to ensure safe and 
reliable service under Title 35-A, section 2522; and 
C. The manner in which cutting and trimming is performed by utilities, including 
supervision by licensed arborists or others knowledgeable in the field. 
Sec. 4. 30-A MRSA §3284, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, 
§106 and as amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further 
amended to read: 
§3284. Injury or destruction to trees; penalty 
\Vhoever A person who trims, cuts or otherwise damages or destroys a public shade 
tree in violation of section 3283 commits a civil violation for which a forfeiture of not 
less than $5 nor more than $25 civil penalty may be adjudged. The forfeiture shall civil 
penalty must be paid to the municipality in which the offense t5 was committed aM 
eKpended by that municipalit)! for the purposes specified in this subchapter and section 
~. If the municipality is the prevailing party, it must be awarded reasonable attorney's 
fees, expert witness fees and costs. 
Sec. 5. 30-A MRSA c. 157, sub-c. 5, as amended, is repealed. 
Sec. 6. 35-A MRS A §2522, as corrected by RR 1993, c. 1, § 103 and as enacted by 
PL 1993, c. 399, §1 and as affected by PL 1999, c. 398, Pt. A, §§104 and 105 and as 
amended by c. 398, Pt. A, §39, is further amended to read: 
§2522. Maintenance of utility facilities 
Notwithstanding any other provision of law, a transmission and distribution util ity or 
'telephone utility may trim, cut or remove by cutting trees located within the public right-
of-way of a public way and may trim or cut portions of trees encroaching upon the public 
right-of-way when necessary to ensure safe and reliable service if: 
1. Notice to applicable licensing authority. Notice is provided by the utility to the 
applicable licensing authority, as defined in section 2502, at least 30 days before the 
trimming, cutting or removal of trees; 
I-A. Notice to utility customers. Notice is provided by the utility to the utility's 
customers in the municipality in which the cutting, trimming or removal is planned at 
least 30 days before the trimming, cutting or removal of trees. The notice must indicate 
that the applicable municipal licensing authority or, if none, the municipal officers may 
elect to hold a public hearing on the utility's proposal; 
2. 
Consultation with applicable licensing authority. 
Upon request of the 
applicable licensing authority, the utility consults with the applicable licensing authority 
before the trimming, cutting or removal of trees. 
Notice must be sent to each 
municipality in which trimming, cutting or removal of trees is to be conducted and the 
utility shall consult with the applicable municipal licensing authority or, if none, the 
municipal officers before commencing operations. The municipal licensing authority or, 
if none, the municipal officers may elect to hold a public hearing on the utility'S proposal 
and, if so, the utility may not commence operations until after the public hearing has been 
held; 
3. Public notice. Public notice is placed in at least 2 newspapers with circulation in 
the area where trimming, cutting or removal of trees is scheduled to occur at least 30 days 
before the trimming, cutting or removal of those trees. 
The notice must state that 
customers may request to be placed on the list, required under subsection 4, of persons 
who have requested to be personally consulted before the trimming, cutting or removal of 
trees. The notice must also be posted at the municipal office; 
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4. Customer notice list. Before the trimming, cutting or removal of trees, the utility 
confers with any person who requests personal consultation concerning the trimming, 
cutting or removal of trees on property in which the person has a legal interest. The 
utility shall keep a list of persons who have requested personal consultation under this 
subsection. The utility shall notify annually, in the form of a bill insert, all of the utility's 
customers of the opportunity to be on the list required under this subsection; aru:i 
5. 
Shade and ornamental trees. 
Before removing or trimming a shade or 
ornamental tree, the utility consults with the owner of the land upon which the tree is 
located. 
For purposes of this subsection, "owner" includes a person who owns the 
underlying fee interest in land encumbered with a public easement. If the owner of the 
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land does not agree with the utility's proposal, the utility and owner shall negotiate to 
reach an agreement to modify the proposal. If no agreement is reached, the owner may 
appeal to the municipal officers; and 
6. Compliance with municipal standards. The utility complies with the standards 
IS 
adopted by the municipality under Title 30-A, section 3283. 
This section does not apply to trimming, cutting or removal of trees undertaken in 
emergency situations. 
SUMMARY 
The purpose of this bill is to resolve the conflicts in current law concerning public 
shade trees. 
This bill gives municipalities the authority to plant, trim, cut and remove trees in the 
right-of-way, after giving notice to the abutting property owners. The property owners 
have the opportunity to appeal the decision and negotiate changes. Municipalities retain 
the authority to cut and remove trees without notice in emergency situations. 
The abutting property owners may seek permits to plant, trim, cut or remove trees in 
the right-of-way. 
Municipalities are required to adopt standards governing many aspects of maintaining 
trees in the right-of-way, including setbacks and utilities' plans to trim, cut and remove 
trees. 
This bill requires utilities to give customers in the municipality notice of the utility'S 
plan to cut, trim or remove trees in the right-of-way or that encroach on the right-of-way. 
It also requires that the notice be posted at the municipal office. It also requires notice to 
abutting landowners and an opportunity for them to be heard regarding the utility's 
proposal. 
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