HomeMy WebLinkAbout2020-Tree Management Manual Lexington Tree Management Manual
Town of Lexington, Massachusetts
TREE MANAGEMENT MANUAL
Fourth Edition 2020
Town of Lexington Tree Committee
Funds for the 1st Edition donated by
The Lexington Field and Garden Club (LFGC)
The Massachusetts Department of Conservation and Recreation(DCR)
2003 Urban Forest Planning and Education Grant
Funds for the 2nd, 3rd, & 4th Editions donated by
Lexington Tree Fund and Lexington Forestry Division
Graphics by Bruce Walker http://www.bruce-walker.com/
Published by Town of Lexington
1st Edition, 2003; 2nd Edition, 2009; 3rd Edition, 2012; 4th Edition,
2020.
Subject to periodic updates as warranted. Please consult the Tree Committee
or the Town of Lexington websites for revisions at
http://www.lexingtonma.gov/tree-committee
COPYRIGHT NOTICE
The Lexington Tree Committee (LTC) hereby grants permission to reproduce
and disseminate portions of the Lexington Tree Management Manual for
non-commercial purposes provided that the LTC and the graphic artist
are credited, and distribution is not for profit.
LTC U 2020
Lexington Tree Management Manual
With gratitude, the Lexington Tree Committee dedicates this
fourth edition of the Lexington Tree Management Manual
to
NELL WALKER
1934-2017
a
M �Y
i
r r it
"
Member of the 1991 Ad Hoc Tree Committee, which advocated
for over a decade to form the Lexington Tree Committee
Member of the Lexington Ad Hoc Tree Bylaw Committee,
which wrote Lexington's first tree bylaw in 2000
Member of the Lexington Tree Committee from its
inception in 2001 until her retirement in 2014
H
Lexington Tree Management Manual
With gratitude, the Lexington Tree Committee dedicates this
fourth edition of the Lexington Tree Management Manual
to
JOHN FREY
1930-2020
2/
I
r
i
o
11 i
Member of the 1991 Ad Hoc Tree Committee, which advocated
for over a decade to form the Lexington Tree Committee
Member of the Lexington Ad Hoc Tree Bylaw Committee,
which wrote Lexington's first tree bylaw in 2000
Chair of the Lexington Tree Committee from its
inception in 2001 until his retirement in 2018
Awarded the Minuteman Cane Award in 2015
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Lexington Tree Management Manual
PREFACE
In 2014 the Lexington Director of Public Works and the Lexington Superintendent of Public Grounds and
Tree Warden requested information about the Emerald ash borer(EAB) and Asian longhorn beetle (ALB)
be added to the fourth edition of Tree Management Manual. All previous editions of the Manual had dealt
only with trees: their growth, care and protection.
The advent of two invasive insects in Massachusetts, ALB in 2008 and EAB in 2012, each of which has
the potential of destroying major hardwood tree species across the state and into the northern forests,
influenced the decision to add chapters on these two insects to the Manual.
It required a focused study of the entomology of both insects; their life cycles, which trees they favor and
how they colonize. It included the history of how they arrived on our shores, what measures humans are
using to control them, quarantines, different choices communities made in response when there was an
infestation, and research being done on new control methods.
The Commonwealth of Massachusetts and Federal government both have controlling legislation that gives
communities the legal backing to fight these insects. These expanded and enriched theManual.
The entire Commonwealth of Massachusetts has been quarantined for EAB since 2015. The greater
Worcester area has been quarantined for ALB since August 2008. The Boston Brookline area quarantine
for ALB began in 2010 and ended 2014.
To be in quarantine means that infected trees and wood of any part of those trees is not allowed beyond the
boundary of the quarantine zone unless the wood is chipped into pieces small enough to destroy the beetle
larvae. Firewood from a quarantine zone may not be moved to a non-quarantine zone.
The fourth edition of the Tree Management Manual has web addresses in sections and references. It has
an expanded list of Recommended Trees.
We hope you find the Manual useful and enjoyable.
The Editors
John W. Frey Anne Senning
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Lexington Tree Management Manual
Town of Lexington, Massachusetts
TREE MANAGEMENT MANUAL
TABLE OF CONTENTS
Section Page
I PURPOSE 1
II GOALS 1
III ENABLING LEGISLATION 2
A. TOWN STATUTES APPLYING TO TREES 2
B. STATE STATUTES APPLYING TO TREES 2
C. STATE STATUTES 2
D. FEDERAL STATUTES APPLYING TO INVASIVE INSECTS 2
IV JURISDICTION OF TOWN BOARDS AND DEPARTMENTS 3
A. JURISDICTIONS 3
B. TREE REMOVAL— STATUTES (including Rights & Responsibilities Regarding 4
Neighbors' Trees)
C. DONATING TREES TO THE TOWN 6
V TREE PLANTING 8
A. TREE SELECTION 8
B. LISTS OF RECOMMENDED TREES (CHARTS) 11
C. PUBLIC TREE SITE SELECTION 20
D. PUBLIC TREE PLANTING 20
E. PRIORITIES FOR TREE PLANTING LOCATIONS 21
F. SETBACK PLANTING ON PRIVATE PROPERTY 21
G. SPACING OF STREET TREES 22
VI PLANTING GUIDELINES 24
A. SITE PREPARATION 24
B. PLANTING DIRECTIONS FOR BALLED AND BURLAPED TREES 27
C. PLANTING DIRECTIONS FOR BARE ROOT TREES 29
VII MAINTENANCE SPECIFICATIONS FOR PRUNING 31
A. GENERAL REQUIREMENTS FOR PROPERTY OWNERS/PRV. CONTRACTORS 31
B. ADDITIONAL REQUIREMENTS FOR PROFESSIONALS 35
C. AUTHORIZED TYPES OF TREE PRUNING 35
VIII TREE PROTECTION DURING CONSTRUCTION 36
A. GENERAL GOAL OF SAVING LIVING TREES 36
B. PROTECTION REQUIREMENTS FOR EXISTING TREES 38
IX INVASIVE PLANT SPECIES—IMPACT ON PUBLIC LANDS 43
A. DEFINITION, MASSACHUSSETTS INVASIVE PLANT ADVISORY GROUP 43
B. INVASIVE PLANTS ON LEXINGTON LANDS (CHART) 44
C. ENVIRONMENTAL RISKS OF INVASIVE PLANTS 45
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Lexington Tree Management Manual
TABLE OF CONTENTS
Section Page
X INVASIVE INSECTS—EMERALD ASH BORER 46
A. EMERALD ASH BORER IN MASSACHUSETTS 46
B. RECOMMENDATIONS FOR HANDLING INFECTED ASH TREES AND WOOD 46
C. LEXINGTON DEPARTMENT OF PUBLIC WORKS ASH TREE POLICY 47
D. WORKS CITED 48
XI INVASIVE INSECTS— ASIAN LONGHORN BEETLE 48
A. ASIAN LONGHORN BEETLE MASSACHUSETTS OVERVIEW AND HISTORY 49
B. CURRENT DETECTIONS 50
C. MASSACHUSETTS ALB COOPERATIVE ERADICATION PROGRAM 50
D. WORKS CITED 51
XII ASIAN LONGHORN BEETLE— GREATER WORCESTER 2008-2014 51
A. GREATER WORCESTER–LARGEST ALB OUTBREAK IN NORTH AMERICA 51
B. QUARANTINE ZONE 52
C. SURVEY METHOD 52
D. CHEMICAL TREATMENT 52
E. REPLANTING 52
F. CONTINUING SURVEYS 53
G. PHEROMONE TRAPS 53
H. WORKS CITED 55
XIII ASIAN LONGHORN BEETLE— FAULKNER HOSPITAL GROUNDS 2010-2014 55
A. INITIAL DISCOVERY 55
B. EVALUATION OF ASIAN LONGHORN BEETLE AND RED MAPLES 56
C. BOSTON AND BROOKLINE ERADICATION PROGRAMS 56
D. WORKS CITED 58
XIV ASIAN LONGHORN BEETLE—LEXINGTON POLICY 60
A. DISCOVERY 60
B. SURVEY AND QUARANTINE 60
C. ERADICATION OPTIONS 60
D. PUBLIC NOTICE 60
E. RESIDENT NOTIFICATION 60
XV SOURCE MATERIAL 61
A. PRINTED PUBLICATIONS 61
B. WEBSITES 6/11/19 62
XVI PUBLICATION INFORMATION 63
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Lexington Tree Management Manual
APPENDICES Page
APPENDIX I TREE BYLAW, TOWN OF LEXINGTON 64
http://ecode360.com/10535335
APPENDIX II Massachusetts General Laws CHAPTER 87. SHADE TREES 70
https://malegislature.gov/Laws/GeneralLaws/Parti/Tit]eXIV/Chapter87
APPENDIX III Massachusetts General Laws CHAPTER 40. SECTION 15C. SCENIC 74
ROADS
https://malegislature.,gov/Laws/GeneralLaws/Parti/Tit]eVII/Chapter40/Section 15C
APPENDIX IV Massachusetts General Laws CHAPTER 132. FORESTRY SECTION 8. 75
Entry on land to control and suppress public nuisances
https://malegisiature.gov/Laws/GeneralLaws/Parti/TitieXIX/Chapter132/Section8
APPENDIX V Massachusetts General Laws CHAPTER 132. FORESTRY SECTION 11. 76
Suppression of moths, caterpillars,worms and beetles and any invasive plant
or animal species; rules and regulations; contracts; studies for control of
public nuisances; annual recommendations
http s://malegislature.gov/Laws/G encralLaws/PartI/TitleXIX/Chapter 132/Section 11
APPENDIX VI Massachusetts General Laws CHAPTER 132. FORESTRY SECTION 12. 77
Interference with suppression or eradication of Asian longhorned beetle, oak
wilt or any public nuisance; penalties; injunctive relief
https://malegislature.,gov/Laws/GeneralLaws/Parti/TitIeXIX/Chapter 132/Section 12
APPENDIX VII Massachusetts General Laws CHAPTER 132A. STATE RECREATION 78
AREAS OUTSIDE OF THE METROPOLITAN PARKS DISTRICT
SECTION IF. Duties of bureau of forestry
https://malegislature.gov/Laws/GeneralLaws/Parti/TitIeXIX/Chapter132A/Section
1F
APPENDIX VIII U.S. CODE OF FEDERAL REGULATIONS (CFR) 79
TITLE 7:AGRICULTURE
PART 301 —DOMESTIC QUARENTINE NOTICES EMERALD ASH
BORER
http://www.ecfr. ovg /cgi_
bin/retrieveECFR?gp=l&SID=36beb9336d8b90a8225b7196b3567b 10&ty=HTML
&h=L&r=SUBPART&n=7y5.1.1.1.2.10
APPENDIX IX U.S. CODE OF FEDERAL REGULATIONS (CFR) S4
TITLE 7:AGRICULTURE PART 301 —DOMESTIC QUARENTINE
NOTICES
ASIAN LONGHORN BEETLE
https://www.law.comel1.edu/cfr/text/7/part-301/subpart-]ii65?qtt-
cfr_tabs_orig=l#qt-cfr tabs or
APPENDIX X Emerald Ash Borer: Initial Quarantine Order for Berkshire County 90
http://massnrc.ori!/pests/linkeddocuments/EABOuarantineMarch20l3.i)df
APPENDIX XI Emerald Ash Borer: Extension Quarantine Order the entire state 11/26/14 92
http://massnrc.org/pests/linkeddocuments/EAB3rdAmended0rder.pdf
APPENDIX XII Asian Longhorn beetle: Commonwealth Quarantine orders for Worcester 94
County with Map:
http://massnrc.or2/pests/albdocs/AsianLonghorned0rder7.6.10.pdf
APPENDIX XIII Asian Longhorn beetle: Commonwealth Quarantine orders for Boston and 98
Brookline:
https://massurc.ori!/pests/albdocs/AsianLon1!hornedOrder7.6.10.pdf
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Lexington Tree Management Manual
LIST OF ILLUSTRATIONS Page
FIGURE 1 Tree Bylaw Setback Area for Residential Properties 7
FIGURE 2 Select Trees According to the Site 9
FIGURE 3 Trunk Girdling Roots 10
FIGURE 4 Lexington Tree Committee Planting Program Setback Area 23
FIGURE 5 Street Treeway 25
FIGURE 6 Balled and Burlapped Tree Planting Guidelines 26
FIGURE 7 Bare Root Tree Planting Guidelines 28
FIGURE 8 Correct Use of Mulch 30
FIGURE 9 Tree Pruning Crimes 32
FIGURE 10 Where to Cut Branches 33
FIGURE 11 Avoid Bark Wounds 34
FIGURE 12 Design to Save Specimen Trees 37
FIGURE 13 Protecting Trees During Construction 39
FIGURE 14 Tunneling Under Root Zone 41
FIGURE 15 Grade Change Guidelines 42
PHOTO 1 Emerald Ash Borer,Enlarged & Actual Sizes 46
PHOTO 2 Asian Longhorn Beetle, Enlarged & Actual Sizes 48
PHOTO 3 Asian Longhorn Beetle Chewing An Egg Site 50
MAP 1 Map: Asian Longhorn Beetle Infestation, Greater Worcester,MA 54
MAP 2 Map: Asian Longhorn Beetle Infestation, Boston, Brookline,MA 57
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Lexington Tree Management Manual
I PURPOSE
In April 2001, the Lexington Town Meeting approved a Tree Bylaw (Part 1 — General Bylaws, Chapter
120, TREES), which gave increased protection to the town's living infrastructure. The bylaw affects trees
on public land and, in certain cases, trees on portions of private property. From time to time the Tree
Committee,Town Meeting and the Select Board modify this bylaw.Please refer to the Town website(Code
of the Town of Lexington, MA,Part I— Chapter 120, TREES, Page 64) or http://ecode360.com/10535335
for latest revisions.
This Tree Management Manual will be used as the standard for tree planting, maintenance and protection
in the Town. § 120-15 Tree Management Manual. [Added 4-4-2007 ATM by Art. 13] (Code of the Town
of Lexington,MA,Part I—Chapter 120, TREES, Page 64) or https://ecode360.com/10535335
Its purpose is to set forth details of current standards and practices for arboriculture and shall apply to work
done by town employees, developers, builders, contractors and private individuals. The Tree Committee
reviews and updates the Manual periodically.
II GOALS
A. TOWN OF LEXINGTON GOALS
1. To encourage both professionals and amateurs to plant and maintain trees correctly.
2. To achieve close cooperation between the Tree Warden, all town departments, private developers
and utility companies on matters that affect Lexington's trees.
3. To maintain a tree-by-tree inventory on public land with information about location, species, size
and health of each tree as well as potential tree hazards in a database which will be integrated into
the Town's GTS database that can be updated on a regular basis. This database shall be the
foundation for Department of Public Works, Public Grounds Division planting, maintenance and
management plans.
4. To replace trees lost during the preceding year on at least a one-for-one basis.
5. To submit an annual budget for planting replacement trees.
6. To encourage the planting of hardy native trees within the street right of way,on town conservation
lands,parks, and other public spaces.
7. To encourage private funding as a supplement to the tree budget.
S. To institute a town-wide tree education program about tree diseases such as Asian Longhorn Beetle
and Emerald Ash Borer in newspaper articles, web postings, and inserts in town-wide mailings.
To enhance this education program with publicity at events such as Arbor Day, and to liaison with
school curricular development.
9. To maintain and increase the tree canopy with the goal of increasing climate resilience.
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Lexington Tree Management Manual
III ENABLING LEGISLATION
The following provisions of law regulate and affect public trees in Lexington, and set forth the duties of
the Tree Warden:
A. TOWN STATUTE APPLYING TO TREES
1. Code of the Town of Lexington, MA,Part I—General Bylaws, Chapter 120, TREES
(See Appendix I,Page 64). http://ecode360.com/10535335
B. STATE STATUTES APPLYING TO TREES
]. Massachusetts General Laws, Chapter 87, (Shade Trees) Sections ]-14 (See Appendix TT,Page
70).https://malegislature.gov/Laws/GeneralLaws/Parti/TitleXIV/Chapter87
2. Massachusetts General Laws, Chapter 40, (Scenic Roads) Section 15 C (See Appendix TIT,
Page 74).https://ma]egis]ature.gov/Laws/GeneralLaws/Parti/Tit]eVIT/Chapter4O/Sectionl5c
The following provisions of law regulate the health of trees in Lexington in relation to Asian longhorn
beetle and Emerald ash borer, and set forth duties of Tree Warden in relation to attacks by either insect:
C. STATE STATUTES APPLYING TO INVASIVE INSECTS
1. Massachusetts General Laws CHAPTER 132, (Forestry) SECTION 8 (See Appendix TV,Page
75). https://malegislature.gov/Laws/GeneralLaws/Parti/Tit]eXIX/Chapterl32/Section8
2. Massachusetts General Laws CHAPTER 132, (Forestry) SECTION 11(See Appendix V,Page
76).https://malegislature.gov/Laws/GeneralLaws/Parti/Tit]eXIX/Chapter132/Section11
3. Massachusetts General Laws, Chapter 132, (Forestry) Sections 12 (See Appendix VI, Page
77).https://malegislature.gov/Laws/GeneralLaws/Parti/Tit]eXTX/Chapter132/Sectionl2
4. Massachusetts General Laws, Chapter 132A, (State Recreation Areas Outside Of
The Metropolitan Parks District) Section 1F (See Appendix VII, Page 78)._
https://malegislature.gov/Laws/G eneralLaws/PartI/TitleXIX/Chapter 132A/Section 1 F
D. FEDERAL STATUTES APPLYING TO INVASIVE INSECTS
1. U.S. CODE OF FEDERAL REGULATIONS(CFR)
TITLE 7:AGRICULTURE
PART 301 —DOMESTIC QUARENTINE NOTICES
EMERALD ASH BORER (See Appendix VIII,Page 79).
https://www.Iaw.cornell.edu/cfr/text/7/chal2ter-II1
2. U.S. CODE OF FEDERAL REGULATIONS(CFR)
TITLE 7:AGRTCULTURE
PART 301 —DOMESTIC QUARENTINE NOTICES
ASIAN LONGHORN BEETLE (See Appendix IX,Page 84)
https://www.law.cornell.edu/cfr/text/7/part-301/
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Lexington Tree Management Manual
IV JURISDICTION OF TOWN BOARDS AND DEPARTMENTS
A. JURISDICTIONS
1. Department of Public Works,Public Grounds Division
The Superintendent of Public Grounds (the Tree Warden) shall be responsible for all public trees in
Lexington. This Division shall initiate and supervise the selection, planting and maintenance of
most of the town's street trees and setback trees. (See Lexington Tree Bylaw,
§120-5, Appendix I,Page 64), http://ecode360.com/10535335
2. Department of Public Works, Engineering
Planting shall be coordinated with future town projects including sidewalk improvements, street
construction and water systems. This also includes schools, the community center, library,
recreation, public works, and other municipal facilities. The Department of Conservation and
Recreation (DCR) http://www.mass.gov/eea/agencies/dcr/ guidelines recommend that a
minimum of 2% of the street/curb/sidewalk construction budget be for tree planting.
3. The Lexington Planning Board and the Lexington Planning Department
The Board and the Department shall recommend tree preservation and/or planting as part of
Special Permit Projects and other developments including new and renovated buildings and
parking facilities. The Planner shall consult with the Tree Warden and Tree Committee and
follow the standards and procedures set forth in this Manual.
4. Other Town Commissions, Committees and Entities
The following shall also consult with the Tree Warden and Tree Committee and follow the
standards and procedures set forth in this Manual.
a. Select Board
b. Board of Appeals
c. Conservation Commission
d. Design Advisory Committee
e. Historic Commission
£ Historic Districts Commission
g. Lexington Historical Society
h. Permanent Building Committee
i. Recreation Committee
j. School Committee
k. Sidewalk Committee
1. Utility Companies
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Lexington Tree Management Manual
B. TREE REMOVAL— STATUTES
1. Public Tree Removal
If violations occur, interested parties may contact the Tree Warden.
a. Process
Refer to Massachusetts General Laws, Chapter 87 Shade Trees (Appendix II,Page 70),
https://malegis]ature.gov/Laws/Genera]Laws/Partl/Tit]eXIV/Chapter87
Section 2 (Powers of the Tree Wardens),Page 70.
Section 3 (Cutting of public shade trees;public hearing; ... owner),Page 69. Section 6
(Penalties), Page 71
Section 11 (Injury to Trees of another Person), Page 72
Section 12 (Injury to Shrubs, Trees ... in a public way or place),Page 72
Refer to Town of Lexington, Chapter 120, TREES (Appendix I,Page 64),
http://ecode360.com/10535335
§120-3 (Definitions for Public Shade and Town Trees), Appendix I [Added 4-5-2017
ATM by Art. 37] Page 65.
§120-7A Public shade trees and Town trees (Scope),Page 66.
§120-713 Public shade trees and Town trees (Procedures), [Added 4-5-2017 ATM by
Art. 37] Page 66
§120-10 (Enforcement), Page 68.
b. Criteria
(Refer to Town of Lexington, Chapter 120 TREES Appendix I, Page 64),
http://ecode360.com/10535335
§120-4A (Applicability),Page 65.
§120-9 (Emergencies and Exemptions),Page 68.
C. Enforcement
§120-71) (Removal , Mitigation and Planting of Public Shade Trees),Page 66.
§120-10 (Enforcement),Page 68.
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Lexington Tree Management Manual
2. Private Tree Removal
Trees on private property generally remain under the control of the owner. However, during
demolition or during construction which increases a building's footprint by 50% or more, the
Town Tree Bylaw applies. If violations occur, interested parties may contact the Tree Warden
and the Building Inspector.
a. Process
Refer to Town of Lexington, Chapter 120 TREES (Appendix 1,Page 64),
http://ecode360.com/10535335
§120-3 (Definition of a protected tree),Page 64, (See Figure 1, Page 7).
120-8 (Scope), Page 66.
Other trees on private property remain under the control of the owner. Property owners
are encouraged to have their trees inspected and maintained routinely by a certified
arborist, both for the health of the trees and the safety of residents and the public.
b. Rights and Responsibilities Regarding Neighbors' Trees
The law is clear in Massachusetts that when a tree trunk stands wholly on one party's land, that
party is considered to be the sole owner of that tree. [Levine v. Black, 312 Mass. 242, 243
(1942)].
Massachusetts law recognizes a"right of self-help"by which a property owner can cut the limbs
or branches of a tree that invade their property as long as such cutting is done at the property line
[Id.; Michalson v.Nutting, 275 Mass. 232, 234(1931)].
Under Massachusetts common law, a homeowner may remove branches of a neighbor's tree that
extend over the property line,up to the property line, as long as they don't kill or damage the
tree. The tree's owner has no liability for roots growing into an abutter's yard, even if they cause
damage to the abutter's property.
Massachusetts law does not allow a person to cross or enter a neighbor's property for tree work
without the neighbor's consent. They also cannot remove any branches or other vegetation
within the confines of the neighbor's property without permission. This is the"Massachusetts
Rule."
Rights as to the tree differ when the tree trunk stands on the boundary line of two pieces of
property.
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Lexington Tree Management Manual
C. Recommendations
Property owners should consider the following before removing a tree from their private
property:
(i) Is it healthy?If not, can it be treated?
(ii) Is it a unique or rare species?
(iii) Can your plans be accommodated any other way, such as through pruning?
3. Tree Removal for Disease Control
For situations where trees must be removed for disease control refer to Section X. INVASIVE
INSECT SPECIES — EMERALD ASH BORER (Page 46-48) and Section XI. INVASIVE
INSECT SPECIES— ASIAN LONGHORN BEETLE (Page 48-60).
C. DONATING TREES TO THE TOWN
1. Planting Trees on Public Land
As stated in the Tree Bylaw (§120-7C Appendix I, http://ecode360.com/10535335 Page 66),
any person seeking to plant a tree on public land under the jurisdiction of the Tree Warden must
obtain written permission from the Tree Warden.
2. Gift of Tree-Plantini4 Funds
The Town of Lexington welcomes tree-planting fund donations in any amount. One may
contact the Tree Warden, Chris Filadoro, at the DPW by email Cfiladoroklexingtonma.)4ov or
phone (781) 784-8300 x to review specifics.
3. Commemorative Tree Program
Lexington's Tree Committee has a Commemorative Tree Program where one may donate a
tree in honor or in memory of a person. Background of the honoree is kept in perpetuity in a
Commemorative Ledger for Trees in the Cary Memorial Library.For details refer to a brochure
at the DPW or the Tree Committee web site, https://www.lexin�4tonma.gov/tree-committee
4. Donation of Trees for Transplanting
The donation of a living tree to be transplanted from private to Town property may be accepted
at the discretion of the Tree Warden. Factors in the decision will be the species and condition
of the tree, current Town needs, and the availability of funds to transplant. Only unusual
specimens in good condition will be considered, due to difficulty and expense in transplanting
large trees.
5. Donating a Street Tree
Homeowners may purchase a street tree, which the Town will plant, resources permitting.
Apply to the Tree Warden, Chris Filadoro at the DPW by email Cfiladoro alexin tog nma. og_v
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Lexing,ton Tree Management.Mantial
Figu re I
TREE BYLAW SETBACK AREA
FOR RESIDENTIAL PROPERTIES
The Tree Bylaw Setback Area for Protected Trees is to be 30 feet frorn the front
of the property (usually the asphalt edge of the road) and 15 feet frorn the
property lines on the two sides and the rear of the property.
rear of property
.................-------------------------------------------------------------------------------------------------------
15 feet
UNRESTRICTED AREA
See definition of setback in Appendix 1, 120-3.
t I s
d Bt
o
2 1teet I 15 feet [:]s�trucLture 1i 2
,� 0_
0 1 1 o
Q) 1 1 0)
72 172
unA
30 feet
........... ..........................I---------------_._._._..._._.»_.._._._._._._._...._........ .........
edge of street pavement
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Lexington Tree Management Manual
V TREE PLANTING
A. TREE SELECTION
1. Characteristics
When selecting the tree species to fit a site consider mature height,projected longevity,rate of
growth,hardiness, soil and microclimate requirements(sun or shade,wet or dry),wind and salt
tolerance, ornamental attributes, and disease/pest resistance. (See Figure 2, Page 9).
2. Individual Selection
Choose a healthy specimen:
a. Reject any with girdling roots. Examine the root ball top. Girdling roots strangle the tree
by growing around or against the tree's trunk and major roots. (See Figure 3, Page 10).
b. Where possible, avoid grafted stock.
C. Examine the trunk and reject those with severe wounds.
d. Check for desired form and branching.
e. Check that foliage has good color and is not wilted.
3. Appropriateness to Site
The choice of species in various locations depends on surrounding circumstances: for instance,
potentially large trees are only appropriate in parks or on broad streets where there is room for
full growth.If obstructions such as utility wires limit the available space, select a dwarf species
or varieties with growth rates that will not create future problems.
4. Species Diversity
The Town should plant a diversity of species in one area or on one street, to avoid the danger
of horticultural epidemics. This prevents a monoculture, creates a balance in defined areas and
visual variety across the town.
5. Species to Avoid
The Massachusetts Prohibited Plant List was published 2005. It is updated periodically. It
includes the following tree species which should neither be purchased,planted,nor transplanted
because of their invasive properties,Norway Maple, Sycamore Maple, Tree of Heaven, Black
Locust,Glossy and Common Buckthorn.As of 1/1/2009 all of these plants are prohibited from
sale, purchase, trade or propagation. For more information about trees that should NOT be
planted,or whose planting should be limited,refer to in this Manual,V.13.2.List Of Host Trees
For Asian Longhorn Beetle, V.13.3. Trees Killed By Emerald Ash Borer, (Page 15) and
section IX INVASIVE PLANT SPECIES (Page 43),
http://www.massaudubon.org/learn/nature-wildlife/invasive-plants [online cited 27 March
2018].
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Lexington Tree Management Manual
Figure 2
SELECT TREES ACCORDING TOT E SITE
AVOID FUTURE PROBLEMS
Consider removing trees
that are too close.
Prune large overhanging
tree limbs,
±!-±3
6 ift
Keep trees at least
six feet from buildings.
Be aware of gasline
and telephone conflicts.
Before excavating call Dig Safe:
1-888-344-7233 or 811
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Lexington Tree Management Manual
Figure 3
TRUNK GIRDLING ROOTS
Trunl<gir('hateralts
caused by excess soil Root flare planted
too deep in hole
Graft
Do not mistake graft-arca for rast_flara
Root Flare Do not cover graft area or root flare with soil or mulch
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Lexington Tree Management Manual
B. LISTS OF RECOMMENDED TREES (CHARTS)
1. Recommended Trees
"Native plants are those that occur naturally in a region in which they evolved..."
https://www.audubon.org/content/why-native-plants-matter [online cited 28 August 2019].
The lists on the following pages were compiled by the Tree Committee to guide public
tree planting selection, Tree Bylaw mitigation planting, and planting by homeowners. An
"N" denotes a species native to North America. Many trees not listed here will grow in
Lexington but are not recommended, or are recommended with reservations, for various
reasons. Maples are the primary host for Asian Longhorn Beetle (ALB), (see Section V.B.2.).
Zelkova, a non-native,provides no support for wildlife. Red Mulberry, although native, tends
to be invasive, as does the non-native Mimosa tree. Birches are short-lived, disease-prone, and
are ALB host trees. Black Walnut can be invasive and is toxic to soil under the canopy. Callery
Pears are invasive, short-lived and prone to split. The recommended trees Flowering Dogwood
and Sourwood are delicate and need ideal planting conditions. The lists that follow the master
list are subcategories, which sort according to size, salt-tolerance (for planting near streets),
and susceptibility to certain insect pests.
Common Name N Latin Name Mature Notes Salt
Height tolerant
Bald Cypress N Taxodium 50-70' Deciduous conifer(drops needles in Yes
distichum winter), adaptable to wet or dry sites.
Basswood N Tilia 60-80' Fragrant blossoms; good for bees; No
americana massive tree in old age; often suckers at
the base
Beech, American N Fagaas 50-70' High wildlife value with edible nuts; No
grandifolia smooth gray bark; low-branching if
open grown,but can be limbed up
Catalpa N Catalpa 50-60' Dense flowers, large leaves and pods; Mod
speciosa tendency to spread by seedlings
Cedar,Alaskan N Chamaecyparis 30-45' Graceful needle evergreen; hardier Yes
White nootkatensis than Asian varieties. Best in damp,
humid areas.
Cherry, flowering; Prunus 20-30' Often short-lived; dense ornamental Yes
Sargent Cherry sargentii spring blossoms; good for bees
Cherry, Black N Prunus 50-60' A somewhat weedy, "common"but Salt
serotina hardy tree. Very valuable to wildlife, Spray
second only to oaks in that regard. Sensitive
Crabapple N Maltus spp. 20-25' Native and Asian varieties,hybrids; Mod
tough, low-branching; spring blossoms
some winter fruit relished by birds;
ood for bees
Dogwood, N Cornus florida 20-25' Large spring flowers; fall fruit feeds No
Flowering birds.Needs moisture, mulch,partial
shade. Not stress tolerant
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Lexington Tree Management Manual
B. LISTS OF RECOMMENDED TREES,continued
1. Recommended trees, continued
Common Name N Latin Name Mature Notes Salt
Height tolerant
Dogwood,Pagoda N Cornus 15-25' Bird-friendly; excellent fall color No
alternifolia
Dogwood, Cornelian Cornus mas 20-25' Yellow spring flowers; edible fruit No
cherry
Elm, American N Ulmus 60-80' ALB host; moderate to fast growing Yes
americana, esp. with graceful vase shape
`Princeton'
Fir,White N Abies concolor 30-50' Best Fir for this area; soft needles with Salt
light bluish hue; good replacement for Spray
blue spruce; can take dry, rocky soil Sensitive
Fir,Fraser N Abies fraseri 30-40' Christmas tree shape;prefers moist Yes
soil but tolerates dry. Hardier than
Balsam Firs.
Fringetree N Chionanthus 12-20' EAB host; long clusters of white Yes
virginicus flowers in spring
Ginkgo Ginkgo biloba 45-55' Plant only males; females have Salt Spray
odiferous fruit; slow growing; tolerates Sensitive
shade, drought.
Hackberry N Celtis 40-60' Hardy, takes adverse sites and Salt Spray
occidentalis conditions. Bee and bird-friendly. Sensitive
Hawthorn N Crataegus 20-25' Fall berries attract birds; good fall leaf Salt Spray
crusgalli color; C. crusgalli var. inermis is Sensitive
inermis, C. thornless; C. phaenopyrum has some
haeno vrum thorns; good for bees.
Hickory, Butternut N Juglans 40-60' Slow-growing; sweet, oily nuts Mod
cinerea
Hickory, Pignut N Carya glabra 60-80' Very adaptable, but difficult to No
transplant unless small; friendly to
wildlife; brilliant yellow fall color
Hickory, Shagbark N Cary ovata 70-100' Same notes as for Pignut Hickory. No
Interesting shaggy bark.
Honeylocust N Gleditsia 40-80' Thornless varieties, small leaves, Yes
triacanthos v. filtered shade kind to lawns; gold fall
inermis color; females have large pods
Hophornbeam, N Ostrya 25-40' Unique seed structure, striking bark No
American virginiana
Hornbeam, Carpinus 40-60' Columnar varieties; useful in hedges No
European betulus
Horsechestnut Aesculus 50-75' ALB host; fruits eaten by migrating Yes
hippocastanum birds and small mammals;prone to leaf
scorch
Ironwood, Blue N Carpinus 20-40' Tolerant of many planting sites; good No
Beech caroliniana fall color
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Lexington Tree Management Manual
B.LISTS OF RECOMMENDED TREES, continued
1. Recommended trees, continued
Common Name N Latin Name Mature Notes Salt
Height tolerant
Katsura Cercidiphyllum 40-60' Heart-shaped leaves emerge reddish- Yes
japonicum purple in spring,maturing to blue-
reen; ellow to apricot fall color
Kentucky Coffeetree N Gymnocladus 50-70' Ideally plant males, as females have Yes
dioicus large seedpods; bi-pinnate leaves; bare
trunks and branches in winter
Linden, Littleleaf Tilia cordata, 40-60' Neat shape but densely twigged; casts No
especially dense shade; bee-friendly
`Greens ire'
London Planetree Platanus x 70-100' Beautiful peeling bark; a cross between Yes
acerifolia American sycamore and Asian
planetree for disease resistance;
supports birds, insect pollinators and
small mammals
Maackia, Amur Maackia 20-30' Tough; tolerates dry well drained soil, No
amurensis Attractive bark, medium shade tree;
bee-friendly
Magnolia, Star Magnolia 15-25' Needs moisture; form often is that of a No
stellata large shrub; very early white blossoms
especially which may be obliterated by late
`Centennial' spring frost;bee-friendly
Magnolia, Sweetbay N Magnolia 10-20' Multi-stemmed, shrub-like; tolerates Yes
virginiana wet soil, shade; scented white flowers;
bee-friendly
Magnolia, N Magnolia 50-80' Large leaves, yellow flowers, red seed No
Cucumbertree acurninata clusters in autumn. Old trees have
great character with massive branches.
Maple, red N Acer rubrum 40-60' Preferred host of ALB;bee-friendly; No
tolerates wet sites; good fall color
Oaks: Bur, Chestnut, N Quercus spp. 60-80' American National Tree.Plant in spring See notes
Pin, Red, Scarlet, only. Most beneficial of all local tree at left
Swamp White,White species in supporting wildlife including
butterflies. Red Oak is salt tolerant;
others are less so. Pin Oak is
salt intolerant.
Osage Orange N Maclura 20-40' Interesting orange-tinged bark; thorns; Mod
pomifera females have fruits; extremely hardy
tree even in poor sites.
Pine, Eastern White N Pinus strobus 50-80' Very supportive of wildlife; useful in No
screening; plant at least 50' away from
structures,prone to windthrow
Redbud N Cercis 15-25' Tolerates some shade; strong spring No
canadensis blossom color;young pods edible; good
fall color; good for bees
Redcedar, Eastern N Juniperus 40-50' Common roadside evergreen, tolerant of No
(tree form only) virginiana poor soil; check cultivar for
predicted height
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Lexington Tree Management Manual
B. LISTS OF RECOMMENDED TREES,continued
1. Recommended trees, continued
Common Name N Latin Name Mature Notes Salt
Height tolerant
Serviceberiy, N Amelanchier 15-30' 4-season interest; edible berries; bird No
Shadblow laevis and bee-friendly; white spring blossoms
like a le amil ; red fall color
Silverbell, Carolina N Halesia 30-40' Dense May bloom of white "bell" No
tetraptera flowers; tolerates shade; grows quickly
Smoketree, American N Cotinus 20-30' Intense fall colors; good street tree in Salt Spray
obovatus wide planting strip if pruned to single Sensitive
trunk; often naturally in bush form
Sourwood N Oxydendrum 25-30' 4-season interest; late summer blossom No
arboreum excellent red-purple fall
color; delicate, needs good planting site;
bee-friendly
Spruce,White N Picea glauca 40-60' Hardy, common. Useful as hedge or No
windbreak or as specimen tree.
Sweetgum N Liquidambar 60-70' Star-shaped leaves; fall color; form Yes
st raci ua sometimes is narrow
Sycamore N Platanus 75-100' ALB host; stately shade tree with Yes
occidentalis peeling bark, with patches of white and
gray; supports a variety of birds, insect
pollinators and small mammals; prone
to anthracnose; hybrid London
Planetree easier to find in nurseries.
Tuliptree N Liriodendron 70-100' Tallest Eastern native tree; tulip- No
tulipifera shaped leaves;yellow blossoms; winter
interest with persistent seed
pods; likes some moisture;bee-friendly
Tree Lilac, Japanese Syringa 20-30' White flowers in June with Yes
reticulata disagreeable scent; tough tree
Tupelo, Black Gum N Nyssa sylvatica 40-70' Prefers wet soil but can tolerate lawns; Yes
good groves at streamside; astonishing
red fall color; fruit for birds; bee-
friendly
Yellowwood N Cladrastis 30-50' Spreading, low branching when open- No
kentukea grown; good in lawns and naturalistic
plantings; excellent yellow fall color
2. Host Trees for Asian Longhorn Beetle; High Planting Warning
Asian Longhorn Beetle (ALB) kills trees by tunneling into the trunk and branches. At-risk trees
represent billions of dollars to the U.S. economy and the environment for lumber, maple syrup,
carbon sequestration, and scenic value. ALB attacks a variety of tree species and significantly
disrupts the forest ecosystem. No chemical or biological control methods are currently known to
control ALB.
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Lexington Tree Management Manual
B. LISTS OF RECOMMENDED TREES (CONTINUED)
To avoid this high-risk insect,homeowners and builders should limit planting of ALB Host
Trees (See Preferred and Occasional to Rare Host Trees for Asian Longhorn Beetle in U.
S. Page 15) and seek non-host alternatives. Additional information is available at
https://www.niass.gov/service-details/forest-pest-education-and- outreach [online cited 27
March 2018]. Report any questions to the Town Tree Warden at the DPW:
Cfladoroklexingtonma.gov.
2a. Preferred Host Trees For Asian Longhorn Beetle: High Planting Warning
Common Name Scientific Name Notes
Maple species Acer spp. Red, Silver, Sugar,Norway; Red
Maple is the preferred host.
Japanese Maples seldom attacked.
Horsechestnut Aesculus hippocastanum
Birch species Betula spp. Gray, European White, River
Willow species Salix spp. Pussy, Weeping, White
Elm species Ulmus spp. American, Siberian, Chinese,
hybrids
2b. Occasional to Rare Host Trees for Asian Longhorn Beetle in U.S.: Caution in Planting
Common Name Scientific Name Notes
Mimosa Albizia julibrissin
American Sycamore Platanics occidentalis No record of infestation
London Plane Tree Platanus x acerifolia
Ash species (EAB Host) Fraxinus spp. White, Green, Black
Mountain Ash Sorbus (European Mountain Ash)
Katsura Tree Cercidiphyllum, spp.japonicum,
magnificum
Poplar species Populus spp. Aspen, Balsam, Poplar,
Cottonwood
Goldenraintree Koelreuteria paniculata (Found in China, not yet in U.S.)
The Host Tree Ranking information is taken from the US Government website at
https://www.aphis.usda.gov/plant health/plant_pest info/asian_lhb/downloads/hostlist.pdf[online cited 27
March 2018].
3. Trees Killed by Emerald Ash Borer: High Planting Warning
Emerald Ash Borer(EAB) is a non-native insect that kills Ash trees at any size, including
White Ash, Green Ash, Blue Ash, and Black Ash (Fraxinus, spp.)
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Lexington Tree Management Manual
B. LISTS OF RECOMMENDED TREES (CONTINUED)
The EAB has the potential at present to eliminate all Ash trees from the North American forest. All
Ash trees are also host trees for the Asian longhorn beetle. Chemical treatments for EAB, for
individual trees, are available. They are expensive and must be repeated for several years. EAB was
found in Lexington and many surrounding communities in 2018. At this time Town policy is to not
plant EAB Host Trees. For current data see http://emeraldashborer.info/ [online cited 27 March 2018].
4. Trees Known To Have Some Salt-Tolerance
Common Name Scientific Name
Bald Cypress Taxodium distichum (native)
Catalpa Catalpa speciosa(Moderate salt tolerance) (native)
Cedar, Alaskan white Chamaecyparis nootkatensis (native)
Cherry, Sargent Prunus sargentii, especially `Accolade' (Non native)
Crabapple Malus spp. (Moderate salt tolerance) (native)
Cornelian Cherry Dogwood Cornus mas (Non native)
Elm Ulmus americana (Warning: ALB host) (native)
Fir, Fraser A biesfraseri(native)
Fringetree Chionanthus virginicus (Warning: EAB host) (native)
Gingko Gingko biloba (Salt spray sensitive) (Non native)
Goldenraintree Koelreuteria paniculata (Warning: rare ALB host) (Non native)
Hawthorns Crataegus spp. (Salt spray sensitive) (native)
Hickory, Butternut Juglans cinerea (Moderate salt tolerance) (native)
Honeylocust Gleditsia triacanthos inermis (native)
Horsechestnut Aesculus hippocastanum (Warning: ALB host) (native)
Juniper Juniperus spp. (native)
Katsura Cercidiphyllum japonicum(Warning: rare ALB host)
Kentucky Coffeetree Gymnocladus dioicus (native)
Larch, American Larix laricina (native)
Lilac, Japanese Tree Syringa reticulata (Non native)
London Planetree Platanus x acerifolia (Warning: rare ALB host)
Magnolia, Sweetbay Magnolia virginiana (native)
Oak,Northern Red Quercus rubra (native)
Osage Orange Maclura pomifera (Moderate salt tolerance) (native)
Pine,Pitch Pinus rigida (native)
Pine, Austrian Pinus nigra (Non native)
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Lexington Tree Management Manual
B. LISTS OF RECOMMENDED TREES (CONTINUED)
4. Trees Known To Have Some Salt-Tolerance, continued
Spruce,White Picea glauca (native)
Spruce, Colorado Blue Picea pungens (native)
Sweetgum Liquidambar styraciflua (native)
Sycamore, American Platanus occidentalis (Warning: rare ALB host) (native)
Tupelo Nyssa sylvatica (native)
5. Lar e Shade Trees
Common Name Scientific Name
Bald Cypress Taxodium distichum (native)
Basswood Tilia americana (native)
Beech,American Fagus grandifolia (native)
Catalpa,Northern Catalpa speciosa (native)
Cherry, Black Prunus serotina (native)
Cedar,Alaskan White Chamaecyparis nootkatensis (native)
Cedar, Atlantic White Chamaecyparis thyoides (full size only) (native)
Fir, White Abies concolor (native)
Fir, Fraser Abies fraseri (native)
Hickory Carva spp. (native)
Honeylocust Gleditsia triacanthos inermis (native)
Kentucky Coffeetree Gvmnocladus dioicus (native)
Magnolia, Cucumber Magnolia acuminata (native)
Oak species Quercus spp:Bur, Chestnut, Pin, Red, Scarlet, Swamp White, White,
Shumard (Swamp Red) and Black (native)
Pine, Eastern White Pinus strobus (native)
Spruce,White Picea glauca (native)
Sweetgum Liquidambar styraciflua (native)
Tuliptree Liriodendron tulipifera (native)
Tupelo Nyssa sylvatica (native)
Yellowwood Cladrastis kentukea (native)
Consult the Tree Warden to determine which other large shade tree species meet mitigation requirements.
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Lexington Tree Management Manual
B. LISTS OF RECOMMENDED TREES (CONTINUED)
6. Best Small Street Trees Under Wires Small Height And Width Drought And Salt Tolerant
Common Name Scientific Name
Hawthorn Crataegus spp. (Salt spray sensitive) (native)
Amur Maackia Maackia amurensis (Salt spray sensitive) (Non native)
Crabapple(columnar types) Malus spp.
Flowering Cherry Prunus sargentii(`Accolade') (Non native)
7. Trees Sensitive To Salt(Do Not Plant Near Streets)
Common Name Scientific Name
Basswood Tilia americana (native)
Dawn Redwood Metasequoia glyptostrobo ides
Dogwood,Flowering Cornus florida (native)
Dogwood, Pagoda Cornus alternifolia (native)
Fir Abies spp. (native)
Fringetree Chionanthus virginicus (native)
Hophornbeam, American Ostrya virginiana (native)
Hornbeam, European Carpinus betulus (native)
Ironwood Carpinus caroliniana (native)
Junipers Juniperus spp (native)
Linden, Littleleaf Tilia cordata
Maple, Red Acer rubrum (Warning: rp ime ALB host) (native)
Maple, Sugar Acer saccharum (Warning: ALB host) (native)
Oak, Pin Quercus palustris (native)
Redbud Cercis canadensis (native)
Pine Pinus spp., except Pitch Pine and Austrian Pine
Serviceberiy spp Amelanchier spp. (native)
Tuliptree Liriodendron tuhpifera (native)
8. Best Large Street Trees Not Under Wires Canopy Trees,Not Low-Branched, Salt, Drought Tolerant
Common Name Scientific Name
Bald Cypress Taxodium distichum (native)
Gingko Gingko biloba (non-native) (Salt spray sensitive)
Hackberry Celtis occidentalis (Salt spray sensitive)
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Lexington Tree Management Manual
C. LISTS OF RECOMMENDED TREES (CONTINUED)
8. Best Large Street Trees Not Under Wires continued
Hickories Carya spp. (native)
Honeylocust(thornless) Gleditsia triacanthos inermis (native)
Kentucky Coffeetree Gymnocladus dioicus (native)
Oaks Quercus spp (all except Pin Oak which is very salt sensitive) (native)
Sweetgum Liquidambar styraciflua (native)
Tupelo Nyssa sylvatica (native)
9. Small Trees/Large Shrubs Suitable For Setback Pig, in (Height 10' To 20', Ornamental,Hard
Common Name Scientific Name
Bottlebrush Buckeye Aesculus parviflora (Warning: ALB host) (native)
Chokeberry Prunus virginiana (native)
Cinnamon Bark Clethra Clethra acuminata
Dogwood, Cornelian Cherry Cornus mas (non-native)
Dogwood,Pagoda Cornus alternifolia (native)
Fringetree Chionanthus virginicus (Warning: EAB host)N
Hawthorn spp. Crataegus spp. (Salt spray sensitive)N
Magnolia, Star Magnolia stellata (non-native)
Magnolia, Sweetbay Magnolia virginiana (native)
Magnolia, Umbrella Magnolia tripetala
Magnolia, Yellow Cucumber Magnolia acuminata var. subcordata
Redbud C'ercis canadensis (native)
Serviceberry Amelanchier spp (native)
Silverbell Halesia tetraptera (to 30'-40) (native)
Smoketrees Cotinus obovatzus (native) and Cotinus coggygria (non-native)
Sourwood Oxydendrum arboreum (native)
Viburnum, Cranberry Viburnum trilobum
Witch Hazel Hamamelis spp. (native)
Note: References used in creating these lists were primarily works by Drs. Michael Dirr&Nina Bassuk.
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Lexington Tree Management Manual
" . . . to promote the planting
and protection of trees
throughout the Town . . . "
TREE BYLAW,TOWN OF LEXINGTON CHAPTER 120 TREES,
§120- 2 Intent and purpose. Adopted by the Annual Town Meeting of the
Town of Lexington 4-11-2001 by Art. 34.
C. PUBLIC TREE SITE SELECTION
I. Street Right-of-Way Plant trees along the street right-of-way between four and 20 feet from the
edge of the road pavement. The intent of this policy is to provide flexibility in allowing planting
locations to be selected on a street-by-street basis,particularly where there is a scenic or historic
situation. (See PRIORITIES FOR TREE PLANTING LOCATIONS, Section E,below.)
2. Setback Planting Encourage front yard setback tree plantings on private property. Trees must be
visible from the street and no further back than 20 feet from the right-of-way line, which varies
with each property. (See Figure 4,Page 23.)
3. Maximum Shade and Canopy Place trees where they will make the greatest contribution to
provide shade and improve street appearance.
4. Parking Lots Provide maximum canopy coverage over parking lots. Group trees in a park setting
or parking lot to provide a larger space for unrestricted root growth.When possible plant sidewalk
street trees in a"tree-way" to achieve maximum root growth. (See Figure 5,Page 25.)
D. PUBLIC TREE PLANTING
I. The Public Works Department and the Tree Warden The Public Works Department consults with
the Tree Warden about projects in the coming year which will require the planting of new trees,
as recommended by the Planning Department and other Town Committees.
2. The Tree Warden and the Tree Committee The Tree Warden confers with the Tree Committee
then decides the number and species of trees for projects when they go out to bid. He or she
considers current environmental changes tending to favor certain species over others, such as
those affected by Asian Longhorned Beetle,Emerald Ash Borer,Spotted lanternfly or other insect
and fungal catastrophes.
3. Lexington Tree InventoU The Town GTS database has current data on recently planted trees.
20
Lexington Tree Management Manual
E. PRIORITIES FOR TREE PLANTING LOCATIONS
The Lexington Tree Committee sets the following priorities based on the recommendations of the
Tree Warden. The Tree Committee prioritized the following public areas most in need of trees,in
order of priority:
1. Streets or Public Spaces Streets or public spaces where there has been significant tree loss.
2. New Development Projects Sites where development or town projects require more plantings.
3. Prominent Public Places Prominent public places in need of new trees.
4. Setback Areas Sites requested by Lexington citizens, approved by the Tree Warden and Tree
Committee as front yard setback areas on a first come, first served basis.
5. Tree Removal Locations Sites put on a priority list for replacement.
6. Failed New Plantings Areas where new plantings have not survived.
7. In Front of a Residence or Business If a public tree is lost in this location, the Tree Warden will
discuss replacement with the owner,who may be advised to consider a setback planting.
8. Requests for New Trees These requests shall be addressed when first and second priority plantings
have been completed, new trees are still available, and designated funding for non- replacement
trees is available.
F. SETBACK PLANTING ON PRIVATE PROPERTY
1. Definition Trees planted trees in front yards on private property, beyond the town owned land,
visible from the street and no further back than 20 feet from the right-of-way line. It avoids root
constriction and damage from road chemicals and street traffic. It minimizes sidewalk problems
due to a root growth. It reduces maintenance and replacement tree costs.
2. Contact Homeowners may email the Tree Warden at Cfiladoro cklexin tog nma. og_v to request a
setback tree be planted in front of their house. The Tree Warden, with advice of the Committee
and the owner's consent, may select a setback site in the front yard,past the street right-of-way.
3. Agreement An agreement will be required.It will be prepared by the Department of Public Works.
It is to be signed by both parties and shall consist of the following:
a. The Town will provide and plant the agreed-upon tree or trees.
b. The trees will be planted in the setback area only. (See Figure 4,Page 23.)
C. The Town will guarantee the tree(s) for a period of one year.
d. The private property owner will be responsible for the watering and care of the tree(s)from
the moment of planting.
e. After the one-year warranty period, the tree will become the sole responsibility of the
property owner. It will no longer be considered a Town owned tree.
G. SPACING OF STREET TREES
1. Spacing The ultimate size of the tree determines the spacing between street trees. The Tree
Warden may modify standard spacing for safety reasons, if space is limited or to achieve a certain
design effect.
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Lexington Tree Management Manual
2. Next to Buildings Avoid planting within 15 feet of a building, driveway, alley, fire hydrant, or other
permanent structure. An exception can be made for design effect, such as using the espalier method
against a building wall,or when columnar trees are used.
3. Sidewalk Planting Tree plantings in a paved sidewalk that have less than 35 square feet of cutout
area are unlikely to thrive unless CU-Structural Soil® is used. If CU-Structural Soil® is used,
refer to current best practices for that material.If there is more than one tree to be planted,consider
excavating all the area between the two trees. (See Figure 5,Page 25.)
4. The table below recommends minimum distances from tree center to other structures. Less than
ideal distances will be evaluated on a site-by-site basis.
Tree pit size At least 3' x 6' or 16 square feet
with minimum width of 3'
Distance from curb edge,where street has curb 30"
Distance from adjacent trees 15'-40',varies with species
Distance from street intersections 20'
Distance from driveways, fire hydrants,underground 5,
utility lines,utility poles,gas or water valve
Distance from street lights 10',varies with species
Height of mature trees under utility lines 30' maximum
Distance from stop sign 20'
Distance from traffic signs Depends on sightline requirements
Suggested distance from parking meters 3'
Distance to opposite obstructions 5'
Passage for ADA considerations 3' wide sidewalk
Passage for sidewalk plows 5' wide sidewalk
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Lexington Tree Management Manual
Figure 4
LEXINGTON TREE COMMITTEE PLANTING PROGRAM
SETBACK AREA
rear of property
i
i !
i
i
i
a a
o i i o
i Setback tree
i
I- - - - - - -- - - - 7, 77 !
o Setback Tree Area •
`" E Maximum 20 feet beyond Right of Way Line
Right of Way, t
ine
I'll,M"
•
.. Town.tree
edge of street pavement
KEY: 17'77i
� PRIVATE AREA
PUBLICAREA
Right of Way("ROW")
The Town of Lexington,under Massachusetts General Laws,Chapter 82,Section 34,has'reserved
spaces'between the side lines of the Town`highways'for the use of'drains,sewers and electric
wires,for trees and grass and for planting'. Trees in the ROW are'Town trees'.
Every street in Town has its own ROW.Most streets are 40 or 50 feet wide.
Streets can be as narrow as 20 feet or as wide as 100 feet.
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Lexington Tree Management Manual
"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. . ."
Adopted by the Annual Town Meeting of the Town of Lexington 4-11-2001 by Art. 34,
TREE BYLAW, TOWN OF LEXINGTON CHAPTER 120 TREES
§ 120- 2Intent and purpose
VL PLANTING GUIDELINES
Beginning in the 1990's, researchers began updating tree-planting practices for nursery professionals.
Their research showed that planting a tree too deep in the soil was a major cause of tree death. It
demonstrated that the size and shape of the planting hole needed to be wide and shallow. The
recommended "backfill" mixture changed to returning the excavated soil around the planted tree so that
the roots could extend into the surrounding soil. Street tree plantings, due to their heavy compaction, may
need amendment with compost in proportion from 10% to one third. Gary W. Watson and E. B. Himlock
developed these planting guidelines,which were published in The Practical Science of Planting Trees by
the International Society of Arborists (ISA) in 1997 and updated in 2013. The guidelines are current
nursery standard for Arnold Arboretum and University of Massachusetts Cooperative Extension Service.
https://ag.umass.edu/landscape/fact-sheets/guidelines-for-planting-trees-shrubs [online: cited2l August
2017].
A. SITE PREPARATION
1. Site Preparation (See Figure 6, Page 26 and Figure 7, Page 28), for information on planting
guidelines and site preparation.
2. Dig Safe Before excavating tree sites,call Dig Safe. Toll-free telephone number for MA,ME,NH,
RI, VT: 811 or 1-888-344-7233 (as of 2019).
3. Soil Testing Particularly disturbed or poor soil may need to be tested before planting. This can be
done at the University of Massachusetts at Amherst https://ag.umass.edu/services/soil-plant-
nutrient-testing-laboratory [online: cited 27 September 2017].
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Lexington Tree Management Manual
Figure 5
STREET TREEWAY
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fr, C+aiek s Wcwmik n ii:ri,p r,R
� V V1111r.......... LNtI S�CCY h"iXdC Itl�",16dLP`
Q 59Y�'C4
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7 '4,^-dNY 71
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g tl
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b grp V r�
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rcr. �.
Vgu :..V°rc ..uuu ..Vuu .�'Vuu ..Vuu 7: ..Vgu :�.V°rc ..uuu ..Vuu .�'Vuu Vuu
plan vIowww cross-section A -A
25
Lexington Tree Management Manual
Figure 6
TREE PLANTING GUIDELINES
(BALLED & BURLAPPED)
Root flare junction 2-4" Partially rotted wood chips
plant 1-2" above (keep away from trunk)
existing grade
Rootball sits
Cut away burlap, directly on top
rope and wire from ball ,l, of undisturbed soil
Backfill with soil Existing grade
from hole
3"high saucer
of soil,not mulch
�Iih(II�IIi�(Ih(11=111_ '°� w � � _111=(II�IIi�ilh(II-
IIi�111�.111�111�111=111�111�.111�_ _ill�l_I1=111�111�111�(II�III-
undisturbed soil (I-�I—� _ i - i-=11=11 II undisturbed soil 11=�
11=11=1111=(1=11=11=1111=(1=11=11=1111=(1=11=11=1111=(1=11=11=ILII=11=1
=1 i i�l I ISI I I�.I I ISI 11=1 I i�l I ISI I I�.I I ISI 11=1 I i�l I ISI I I�.i I ISI 11=1 I i�l I ISI I I�.i I ISI 11=1 I i�l I ISI I I�.i I ISI I I.
Hole should be 3 times as wide as rootball -with sloped sides
* For container plants - remove container and loosen roots with knife or hand rake
26
Lexington Tree Management Manual
B. PLANTING DIRECTIONS FOR BALLED AND BURLAPPED TREES
1. Diameter of Hole Dig a hole 3x as wide as the diameter of the root ball. Slope sides of planting
hole. Leave the bottom of the hole firm. (See Figure 6, Page 26.)
2. Placing Tree in Hole Lift tree into hole by root ball, not trunk. Check to see that the root flare is 1
to 2" inches above existing grade when measured from the point of the root flare to the existing
grade. When the tree is settled the root flare junction should be 1-2" above the existing grade.
Make any adjustments by tipping the tree on its side and adding or removing soil around the base
of the root ball.
3. Root Wrappings Remove all plastic wrappings. Cut the top third of the wire basket back to below
grade. Cut and remove strings and natural burlap from top half of root ball. Remove as much wire
as possible but not more than what keeps soil around roots.
4. Container Trees If plant is container-grown, remove or cut off container. Inspect root ball for
girdling roots. (See Figure 3, Page 10.) Container plants have a tendency to become root-bound.
If roots are matted use a knife or a small hand rake to open up circling root ends and loosen soil.
Plant no deeper than it was in container.For site preparation, see (Figure 6, Page 26).
5. Backfillin4 Refill with soil removed from hole. Amend the soil only when planting in building
rubble, poor or severely disturbed soils. Aged compost or quality topsoil may be used to
supplement the existing soil. Mix a small amount of dry hydrogel with backfill. To avoid air
pockets, water the soil halfway through the backfill process. After the water drains away, finish
backfilling and water again thoroughly, using a shovel handle to take out air pockets.
6. Saucer Build a three-inch high saucer of soil around the outer edge of the hole. This retains water
and allows it to soak the roots.
7. Mulch Spread a 2" layer of seasoned organic mulch that is free of invasive seeds and insects in a
band three times the diameter of the root ball. Leave a 3-inch wide radius of bare soil around the
trunk. Deeper layers of mulch are harmful to the tree. (See Figure 8,Page 30.)
8. Staking Staking is usually required for all trees. The trunk should be tied to the stake with soft
material, not wire. Guys should be placed at 2/3rds the height of the tree. Remove guys after one
growing season unless the tree is very large or on a windy site. If the tree is at risk of being hit by
a car door, install several protective stakes.
9. Water Water is the critical factor for tree survival.Fill the saucer twice weekly for a month after
planting. Water weekly after that for at least one growing season. Use 5 gallons a week per inch of
tree diameter. Tree irrigation bags or may be used during the growing season. Remove bags before
frost. Water regularly for several years. Do not keep soil continuously saturated.
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Lexington Tree Management Manual
Figure 7
TREE PLANTING GUIDELINES
(BARE ROOT)
Root flare junction 2" Partially rotted wood chips
plant 1-2" above (keep away from trunk)
existing grade
Bare roots sit
directly on top
of undisturbed soil
Backfill with soil Existing grade
from hole
3"high berm
of soil,not mulch
�21,��NHIRA��A MIRA��A H'Ril�21,��il PPI�21�21 P215ifi�i-'
undisturbed
undisturbed soil
a all
Excavate the planting hole shallow and wide,three times the diameter of tree roots so that
the bottom of the root flare will be at finished soil level.
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Lexington Tree Management Manual
C. PLANTING DIRECTIONS FOR BARE ROOT TREES
1. Diameter of the Hole When planting a bare root tree the hole should be 3 times wider in all directions
than the root spread of the tree. Create loose soil horizontally for the spreading roots. Make the
hole in a"bowl" shape, (See Figure 7,Page 28). Place the root system directly on undisturbed soil.
2. Root Wrappings Unpack the tree as soon as it is received from the supplier.If the tree roots come covered
in hydrogel slurry, keep them covered as they are untangled. If the roots do not have hydrogel remove
the packing materials,untangle them and soak the roots in water for 3 to 4 hours.
3. Placing Tree in Hole Remove the tree from the plastic bag if it is covered with hydrogel, or from the
bucket in which it has been soaking. Stand it upright in the middle of the hole. Spread the roots 360
degrees throughout the `bowl' of the planting hole. Lower the tree so that the top of the root flare is
visible at soil level,(See Figure 7,Page 28.)Place a shovel across the hole to measure where the shovel
meets the root flare. Change the planting depth as needed.It is better to plant too high than too deep.
4. Backfilling Make sure the tree is plumb, then backfill with the soil that has been removed. Do not add
soil amendments such as peat, bark, fertilizer, potting soil, or chemicals. When half of the backfill is
replaced, water the hole to help collapse air pockets. Use the wooden end of the shovel to gently poke
out air pockets. Complete backfilling. Gently firm all soil. Check to make sure that tree root flare is
above ground.
5. Saucer Build a water-holding 3"berm with soil around the edge of the hole.
6. Mulch Spread mulch 2"deep of partially rotted wood chips or shredded bark around the entire root area.
Keep mulch away from the stem of the tree. This will keep the soil damp and cool. (See Figure 8, Page
30.)
7. Staking Tree staking is not necessary in most cases. The exceptions are in windy sites and in high traffic
sites as a deterrent to vandalism. If stakes and guy wires are used they need to be removed after 1-2 two
years and before they girdle the tree trunk.
8. Water Trees need to be watered regularly for the first year or two after planting. Watering may be
done by these methods. A tree irrigation bag; attach bag to tree, making sure the tape has been removed
from all trickle holes. Fill bag at least once a week during dry spells. A soaker hose; once a week(4 to 6
gallons)fill around base of tree or more often if in drought. A regular hose; soak the tree (4 to 6 gallons)
once a week at the base and more frequently if in a drought.
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Lexington Tree Management Manual
Figure 8
CORRECT USE OF MULCH
keep mulch or soil
away from trunk
RIGHT
Mulch or soil
"volcanoes" can
damage the trunk
with rot, rodent
damage,girdling roots
or insect infestation
WRONG
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Lexington Tree Management Manual
VII. MAINTENANCE SPECIFICATIONS FOR PRUNING
A. GENERAL REQUIREMENTS FOR PROPERTY OWNERS /PRIVATE CONTRACTORS
1. Emergency Procedures If the tree is on public property, call the Tree Warden to request pruning.If
the tree is on private property and there is an immediate danger to persons or property, cut back
trees only to the extent that their health will not be impaired. Consider retaining a tree professional
to evaluate the problem and perform the work.
2. Tree Pruning Crimes Do not top or stub trees.These practices impair the health and beauty of the
tree. (See Figure 9, Page 32)
3. Where to Cut Branches Make cuts just outside the branch collar. (See Figure 10, Page 33.) Make
all final tree-pruning cuts to favor the earliest healing of the wound by natural callous growth. Do
not make deep cuts flush with the trunk. These will produce large wounds and weaken the tree.
4. Sharp Tools Keep all cutting tools including saws sharpened well so that final cuts will be smooth.
This preserves adjacent bark from being torn apart.
5. Disinfection Properly disinfect all tools used on a diseased tree immediately after completing work
on the tree. Rubbing alcohol works as a disinfectant.
6. Avoid Bark Wounds When pruning branches hold the branch securely in one hand while cutting.
First undercut, then cut off the branch one to two feet beyond the intended final cut. This prevents
tearing back the bark and wood when making the final cut. (See Figure 10, Page 33 and Figure
11,Page 34.) When repairing bark wounds, remove only damaged or loose bark, not live tissue.
7. Avoid Root Wounds When cutting tree roots, use sharp clean tools to prevent entry of organisms
that can cause decay.
8. Trunk Wound Dressing Avoid trunk wound dressing, as it prevents the tree from healing the
wound naturally,unless it is prescribed for a specific disease.
9. Spikes For high pruning use a pole pruner, an orchard ladder or a bucket truck. Never use climbing spurs
or spiked shoes while pruning.
10. Anchors When winching a tree out of the ground use anchors other than other trees or utility poles.
Manage without using trees to support utility wires or poles.
11. Safe Work Area Promptly clean up branches, logs and debris resulting from tree pruning or tree
removal. Keep the work area safe at all times.
12. Uncompleted Work When pruning, never leave partially cut branches in trees. When removing a
tree, never cut tree roots. This leaves a tree standing with little or no support.
13. Lower with Ropes Whenever large tree sections are being cut in the treetop, secure each section
by ropes and lower it safely in a controlled manner.
14. Site Coordinator Assign a tree worker on the ground to direct pruning or removing large trees.
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Lexington Tree Management Manual
Figure
TREE PRUNING CRIMES
NOTopping
_,_,NO Stubbing
NO Stubbing
32
Lexington Tree Man agement Man u al
Figure 10
WHERE TO CUT BRANCHES
Broken Leader
Lateral Branch
Imaginary Line
Branch Bark Ridge
Final Cut When cutting a broken
leader back to a lateral
branch, bisect the angle
between the branch bark
ridge and an imaginary
line perpendicular to the
broken leader.
Branch Bark Ridge
When removing a branch
with a narrow crotch, cut
from the bottom upward.
33
Lexington Tree Management Manual
Figure 11
AVOID BARK WOO NDS
2nd Cut
I st Cut
Final Cut Branch Bark Ridge
Branch Collar
Do not cut branch
,1(.
flush with trunk
Stay outside of
the collar
Removing a large lateral branch
requires two preliminary cuts
before the final cut.
The first two cuts prevent bark
peeling off the trunk.
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Lexington Tree Management Manual
B. ADDITIONAL REQUIREMENTS FOR PROFESSIONALS
1. The requirements listed below apply to utility linesmen, highway departments, and the Town of
Lexington or its contractors and are in addition to VII MAINTENANCE SPECIFICATIONS
FOR PRUNING.
2. Standards Perform all work in accordance with the latest publication of the American National
Standards Institute. As of 2018, these ANSI-A300: Tree, Shrub & Other Woody Plant
Maintenance Standard Practices are available at
https://www.tcia.org/TCIA/BUSINESS/ANST_A300_Standards_/TCIA/BUSINESS/A300_Stand
a rds/A300_Standards.aspx?hkey=202ff566-4364-4686-b7cl-2a365af5966 [cited 2 February
2018].
3. Large Branches Authority to prune street and public trees does not include the cutting back of
healthy tree branches in excess of six inches in diameter unless specifically described and written
into the permit by the Tree Warden. TREE BYLAW, TOWN OF LEXINGTON
CHAPTER 120 TREES, § 120-7 Public shade trees and Town trees. A. Scope.
http://ecode360.com/10535335 [online: cited 9 March 2018].
4. Utility line pruning Regular utility line pruning clearance is done in accordance with accepted
arboricultural standards,when approved by the Tree Warden. Nstar(Eversource)worked with the
Lexington Tree Warden to have trees near power lines in Lexington pruned to a standard following
the damaging fall 2011 snowstorms. Subsequently, Eversource uses a template of 10 feet below x
10 feet to either side x 15 feet above for clearance around their power lines. Pruning permits are
secured from the Tree Warden.
5. Stump Removal When removing public trees,cut the remaining stumps to six to eight inches below
ground level unless the Tree Warden grants special exemption.
6. Excavation Finishes Excavations resulting from tree removal are filled promptly to normal ground
level with clean earth, properly compacted and cleared of debris. The area is finely graded and
planted with grass seed, otherwise directed by the Tree Warden.
C. AUTHORIZED TYPES OF TREE PRUNING
1. Pruning and Removal The two basic rules of good pruning are (1)to use clean sharp tools and (2)
to stand back to inspect the overall form between pruning cuts. (See Figure 9, Page 32.)
2. Safety Pruning Near Public Ways Safety pruning consists of actions necessary to correct one or
more conditions within a tree that may be hazardous to persons or property.
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Lexington Tree Management Manual
a. Clearing public ways requires pruning trees in such a manner as to prevent branch and foliage
interference with safe public passage. Maintain clearance at a minimum of 14 feet above the
paved surface of the street.
b. Prune to remove dead, dying, or broken branches.
c. Cut back branches and foliage that are blocking the view of traffic control devices or signage,
or are obstructing safe passage on a public sidewalk or street.
VIII. TREE PROTECTION DURING CONSTRUCTION
A. GENERAL GOAL OF SAVING TREES
Mature trees that are saved during construction increase the value of the property, as well as the
surrounding neighborhood and the larger community. Trees,particularly mature trees have
aesthetic appeal, improve air quality,reduce noise and screen glare and heat. They also stabilize
soil, aid natural flood control, create habitat for wildlife and provide privacy. For specific legal
requirements, see the Tree Bylaw, (Appendix I,Page 64)https://www.ecode360.com/10535335
To achieve the goal of saving trees, do the following in your design development:
1. Retain a Registered Surveyor The surveyor must show on the base plan all trees of six inch DBH
or greater, and the setback area. (See Figure 1,Page 7.)
2. Design to Save Specimen Trees and Large Shade Trees Identify specimen trees and large shade
trees (See Chart Number 5.Large Shade Trees,Page 17.), especially those six inches or larger
in diameter. Design the site plan to preserve these trees, using them as a distinctive focus or
framing feature to enhance the plan and buildings. Take care to allow enough space around them
to ensure their survival. (See Figure 12,Page 37.)
3. Transplant when Possible Specimen Trees and Large Shade Trees in the Way of Construction. If
they can be transplanted on site,incorporate them into the site design.
4. Remove Unsafe Trees Identify trees that are terminally diseased, damaged beyond repair or in
danger of falling. Remove them early in the development process to create a safer building site
for construction workers.
5. Submit Plan to the Tree Warden Once a plan is developed; submit it to the Lexington Tree
Warden for review. Discuss and come to an agreement as to which trees are to be preserved,
transplanted,protected or removed.
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Lexington Tree Management Manual
Figure 12
DESIGN TO SAVE SPECIMEN TREES
WRONG RIGHT
(detached garage) (detached garage)
driveway driveway
Locate buildings and other elements so they fall
outside the root zone of special trees you want to
save. Take into account the size young trees will
reach at maturity and allow adequate room for
development. If structures within the root zone are
unavoidable,use pillars and posts instead of footers
and walls to minimize damage to tree roots.
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Lexington Tree Management Manual
6. Prune Only as Necessary Prune the trees to be saved only as needed to remove broken branches,
to enhance their natural form and to fit with the proposed buildings. Trees need as much foliage
as possible to help them survive the stress of construction. Follow pruning procedures outlined
on the Lexington Tree Management Manual, (See Figure 9,Page 32,Figure 10,Page 33,Figure
11,Page 34.)
7. Design for Foundations Substitute posts and pillars for footings and walls where proposed
foundations conflict with tree roots. (See Figure 14,Page 41.)
B. PROTECTION REQUIREMENTS FOR EXISTING TREES
1. Barrier Protection Protect all trees to be saved before demolition and land clearing begin. Install
barriers at the critical root zone, the outer edge of the area under the leaf canopy. This may be
modified to a location agreed on during an on-site visit by the Tree Warden and/or a Tree
Committee representative. Construct barriers of sturdy posts and highly visible plastic mesh. This
protection will prohibit heavy equipment from compacting soil, damaging roots, breaking
branches and scarring the tree trunk. (See Figure 13, Page 39.)
2. Weights under Tree Park vehicles, equipment, or stockpile earth, fill and other materials ONLY
OUTSIDE the tree root zone.
3. Chemical Damage Dispose of all debris properly (rubble, cement, asphalt, petroleum products,
herbicides, all chemicals) away from the tree root zone.
4. Leaf Mulch Allow fallen leaves from the trees within the root zone to remain on the ground as
mulch. If leaves are on the lawn, they can be raked up or mowed.
5. Flooding Provide proper drainage so that roots of trees are free of standing water.
6. Fasteners Use separate posts instead of trees for fastening signs, fences, electrical wires and
pulley stays.
7. Fires Lexington requires a permit for open burning as described on the Lexington Fire
Department web site at https://www.lexin tog nma.gov Search "Departments","Fire Department",
"Burn Permits" [online cited 15 February 2019].
8. Utility Lines Locate all new underground utility lines outside the critical root zone of trees to be
saved. If not possible, tunnel under roots as an alternative. (See Figure 14,Page 41.)
9. Watering During dry spells in the growing season, water trees once a week so that the water
penetrates 12 to 18 inches into the soil.
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Lexington Tree Management Manual
Figure 13
PROTECTING TREES
DURING CONSTRUCTION
dripline i i dripline
77
I �
critical root zone
• Install a protective fence around the tree dripline.
• Avoid compaction of the soil by keeping foot and vehicle traffic away from
the root zone.
• Tie protective 2x4s around trunk of tree with rope not wire.
• Take special care with backhoes and other machinery to minimize damage
to trunk, limbs and overhead branches.
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Lexington Tree Management Manual
10. Building within Critical Root Zone: If it is decided that a building, road, walk, utility or other
feature must be built within part of this area, it may still be possible to save the tree. Extra care
must be given to the tree.
a. Use hand tools instead of machines;
b. Fertilize and water the tree in monitored amounts;
c. Tunnel instead of trench for utilities through tree root zones (See Figure 14, Page 41).
d. Construct dry stone retaining walls to allow the original grade in the root zone to be
maintained(See Figure 15,Page 42).
11. Grade Change Guidelines Do not lower the grade or add B11 within the critical root zone. (See
Figure 15, Page 42.)
"We do not inherit the earth
from our ancestors ,
we borrow it
from our children . "
Native American Proverb
40
Lexington Tree Management Manual
Figure 14
TUNNELING UNDER ROOT ZONE
Trench Tunneling
(40%root kill) saves roots
N,
WRONG RIGHT
AVOID SEVERING ROOTS
Install utility lines around tree roots or tunnel under
the root zone. Trenching kills all the roots outside
the trench line. Posts and supporting beams can be
substituted for footing and walls where proposed
foundations conflict with tree roots.
41
Lexington Tree Management Manual
Figure 15
GRADE CHANGE GUIDELINES
new grade
previous grade
MAINTAIN EXISTING GRADE AROUND TREE
Protect tree roots by creating terraces with retaining walls. This will allow the
original grade around the root zone to be maintained. Cutting or shaving roots
or piling soil on top of roots to create a continuous new grade will slowly kill
the tree. Look out for drainage changes that could mean a tree gets too much
water or not enough.
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Lexington Tree Management Manual
IX. INVASIVE PLANT SPECIES— IMPACT ON PUBLIC LANDS
A. DEFINITION, MASSACHUSETTS INVASIVE PLANT ADVISORY GROUP
1. Invasive plants – "non-native species that have spread into native or minimally managed plant
systems in Massachusetts. These plants cause economic or environmental harm by developing
self-sustaining populations and becoming dominant and/or disruptive to those systems."
*This definition was formulated by the Massachusetts Invasive Plant Advisory Group
[online cited 14 June 2019].
2. The Massachusetts Invasive Plant Advisory Group Massachusetts Invasive Plant Advisory Group
[online cited 5 May 2018] MIPAG is a voluntary collaborative representing organizations and
professionals caring for the conservation of the Massachusetts landscape. MIPAG was
charged by the Massachusetts Executive Office of Environmental Affairs to provide
recommendations to the Commonwealth regarding which plants are invasive and what steps
should be taken to manage these species.
Massachusetts lists plants that it prohibits for sale,purchase,importation, or transplantation on
The Massachusetts Prohibited Plant List of 2009 at https://ag.umass.edu/greenhouse-
floriculture/greenhouse-best-management-practices-bmp-manual/massachusetts-prohibited
[online cited 23 March 2018] or https://www.mass.gov/service-details/invasive-plants [online
cited 27 July 2019]
3. Invasive Tree Species Invasive tree species spread rapidly and aggressively. They displace native
flora. They persist in natural landscapes. Some species invade their surrounding area with
saplings. Some species contaminate the soil in which they grow with their toxins. They are
hardier than the native species that surround them. They survive where other trees will not.
They reproduce more quickly than other species either by seed, underground roots or both.
They are not considered as Protected Trees under the definition in the Lexington Tree Bylaw,
§120-3, http://ecode360.com/10535335 [online: cited 27 March 2018]
4. Exception The Select Board voted on 3/15/10 to re-include Norway Maple(Acer platanoides) as
a Protected Tree. They recognized that large, healthy Norway Maples contribute to Lexington's
total tree canopy and would require mitigation (new plantings) if removed during
construction. (When Norway Maples are crowded, unhealthy, or below 6" in diameter their
removal is encouraged.)
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Lexington Tree Management Manual
B. INVASIVE PLANTS ON LEXINGTON PUBLIC LANDS
1. Invasive plant examples Lexington's public lands are host to many invasive plant species. The
following self-sustaining populations can be found in the woods along Worthen Road, the edges
of the Minuteman Bikeway,the Great Meadow and other minimally managed areas of Lexington.
Invasive Plants on Lexington's public lands
Common Name Scientific Name Type of plant
Amur cork tree Phellodendron amurense Tree
Black locust Robinia pseudoacacia Tree
Callery pear Pyrus calleryana Tree
Norway Maple (ALB host) Acer platanoides Tree
Sycamore maple(ALB host) Acer pseudoplatanus Tree
Tree of Heaven Ailanthzts altissima Tree
Amur&Morrow honeysuckle Lonicera mackii & morrowii Shrub
Barberry Berberis spp. Shrub
Burning Bush Euonymus alata Shrub
European Buckthorn Rhamnus cathartica Shrub
Glossy Buckthorn Frangula alnus Shrub
Japanese honeysuckle Lonicera japonicum Shrub
Multiflora Rose Rosa Multiflora Shrub
Tatarian & Bell's honeysuckle Lonicera tatarica &x Bella Shrub
Japanese knotweed Fallopia japonica Perennial
Purple Loosestrife Lythrum salicaria Perennial
Common reed grass Phragmites australis Grass
Black Swallowwort Cynanchum louiseae Vine
Oriental Bittersweet Celastris orbiculatus Vine
Garlic Mustard Alliaria petiolata Biennial
Narrowleaf Bittercress Cardamine impatiens Biennial/Annual
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Lexington Tree Management Manual
C. ENVIRONMENTAL RISKS OF INVASIVE PLANTS
1. Caution Before Planting
Avoid planting or transplanting the invasive plants published by the Massachusetts Invasive
Plant Advisory Group. Listed at https://www.massnre.org/mipag/ [online cited 9 March 2018].
2. The Invasive Factor MultiplyingEffect
ffect
A non-native species may become an invasive species depending on the interaction of multiple
factors; location, soil type, amount of rain and of specimens present within an area. A particular
plant species might be invasive in one state and not in another. A single specimen of a non-
native plant escaping to a roadside might not be troublesome,but if it multiplies it can become a
problem. MTPAG monitors potentially invasive plants, using a fifteen step criteria to track a
plant's invasiveness. They work with the Massachusetts Department of Agricultural Resources
to keep the Massachusetts Prohibited Plant List updated.
https://www.massnre.org/mipag/docs/MTPAG_FTNDTNGS_FTNAL_042005.pdf[online cited 5
April 2018].
3. Disturbed Environment Susceptibility
A disturbed environment is less able to resist non-native plants,which have potential for existing
in high numbers away from managed habitats. The pervasive land development in the last 400
years in New England by lumbering, agriculture and industry, and the establishment of roads and
buildings have changed the physical structure of the landscape. This disturbance has allowed non-
native species to outstrip many native New England species.
4. Case of The Norway Maple
When an invasive tree such as the Norway Maple (Acer platanoides) is planted on a private
property, typically the homeowners take care of the property, mow around the tree and pull up its
seedlings. However, it has the biologic potential for rapid and widespread dispersion and
establishment in minimally managed habitats. [online cited 5 April 2018]. It produces great
quantities of seed,which blow around the neighborhood and take root in hedges,roadsides, edges
of property,bike paths, and woodlands.
5. Dan4er of Unmonitored Invasive Plants
a. Extinction of native plant and animal species.
b. The decrease of ecosystem functions such as water filtration, wood production, and recreation.
c. The increased economic cost of eradication control efforts.
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Lexington Tree Management Manual
X. INVASIVE INSECT SPECIES—EMERALD ASH BORER
Adult Emerald Ash Borer size enlarged
�w
Photo credit Minnesota Department of Natural Resources
http://www.mass.gov/eea/docs/df /g nhesp/land-protection-and-management/invasive-
plant- strate icg plan.pdf
Adult Emerald Ash Borer actual size V2 inch long.
Photo credit Arbor Day Society https://www.arborday.oriz/trees/health/pests/emerald-ash-borer.cfm
A. EMERALD ASH BORER IN MASSACHUSETTS
The Emerald ash borer (Agrilus plan ipennis) (EAB), a beetle native to Asia, is an insect
destructive to all ash tree species (Fraxinus spp.), including native white, green and brown ash.
The first Massachusetts infestation of EAB was identified in the town of Dalton, and
quarantined in Berkshire County, Massachusetts in 2012. The EAB quarantine was expanded to
the entire state of Massachusetts in 2015. This invasive species causes widespread ash tree
death, economic and environmental damage, and requires vigilant measures to suppress, control
and slow its spread in Massachusetts.' Movement of ash wood within the state is unrestricted.
More information can be found at
htps://massnrc.org_/pests/Iinkeddocuments/EABTaskForceBrochure.pdit
B. RECOMMENDATIONS FOR HANDLING INFECTED ASH TREES AND WOOD
1. Firewood Season, sell, or burn it where you cut it. Keep ash firewood as close as possible to
where it was felled. After two years of seasoning, any EAB will have emerged or died from any
ash firewood. Keep ash firewood only within the quarantine area. Only Massachusetts firewood
that has been treated with a USDA-approved method can enter Connecticut (hardwood
restriction only), Maine, New Hampshire, or New York. Vermont restricts firewood entering
state parks, forests, and national forests. Current quarantine information is available at
https://www.mass.gov/guides/emerald-ash-borer-in-massachusetts [online: cited 7 March 2019]
46
Lexington Tree Management Manual
2. Ash woodchips Chips that leave the quarantine area must be no larger than 1x1 inch in two
dimensions. May 1 - October 1 is the EAB flight season. When chipping between May 1 and
October 1, it is best to chip ash logs near where trees were felled to avoid spreading EAB. If
cutting and chipping between October 1 and the May 1, wood may be shifted within the
quarantine area,prior to chipping. Check all equipment for woody debris before leaving a site to
reduce the risk of transporting un-chipped infested wood.
3. Ash wood debris (limbs, roots, stumps, and other unprocessed ash wood) Chip all debriswithin
the quarantine area, and keep it within 10 miles of the wood's original location. Tree care
professionals must determine whether a load may contain infested ash debris before leaving a job
site and carrying infested wood to a new area.
4. Ash logs and untreated ash lumber This wood can be transported freely within the state and
within the multi-state contiguous quarantine areas for processing. Move logs and untreated ash
lumber between October 1 and March 1 so that the wood processing can be completed before the
EAB flight season begins on May 1. If carrying the logs into an area in another state that is not
under quarantine, they can only be moved from October 1 - May 1 and must be accompanied by
a USDA signed compliance agreement. Processing must be completed by the start of the EAB
flight season on May 1.
5. Ash nurser,, s� Ash nursery stock cannot leave the quarantine under any circumstance. The
Lexington Tree Committee does not recommend planting any ash trees at this time because of
the threat of Emerald ash borer and the potential loss of newly planted trees to this insect.
C. LEXINGTON DEPARTMENT OF PUBLIC WORKS ASH TREE POLICY
1. Lexington Department of Public Works Ash Tree Policy Subsequent to the discovery of an
Emerald Ash Borer(EAB) in Lexington in 2018, The Town of Lexington Department of Public
Works developed the following Ash Tree policy. All ash trees on public land get inspected by
the Forestry Staff. The infected trees are removed. The branches and brush are chipped and the
logs are brought to the Lexington Compost Facility at 60 Hartwell Avenue where it is chipped
into pieces small enough to destroy the beetle larvae. Healthy ash trees are pruned to promote
good growth. Ash trees determined by the Forestry Staff to be significant and in good health will
be treated with trunk injections of Tree-age®. The Forestry Staff will continue to monitor and
inspect ash trees on public land. Homeowners and business owners are encouraged to inspect
their ash trees and follow the practices of the Forestry Division. 3
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Lexington Tree Management Manual
D. WORKS CITED
I. "Massachusetts Forest Alliance, Massachusetts Emerald Ash Borer Quarantine". 2016, EAB
News Feed, http://massforestalliance.org, `Resources', `Newsletter Archives' [online: cited 28
March 2019]
2. "Recommendations For Handling Ash". 8/2015 No. 181, The Citizen Forester, Department of
Conservation and Recreation, Massachusetts Urban & Community Forestry Program.
[Online: cited 4 August 2015]
3. Pinsonneault,David J.,Director of Public Works,Town of Lexington. [Report to Lexington Tree
Committee, 8/2/2018]
XI. INVASIVE INSECT SPECIES—ASIAN LONGHORN BEETLE
..............:
Asian Longhorn Beetle
Photo Source: Kyle Ramirez
htWs://www.americanforests.org/magazine/article/eradication-nation
Asian Longhorn Adult Beetle actual size 1-1.5 inch
r
Photo Source,http://www.worcesterma.gov/parks/trees/asian-longhorned-beetles
48
Lexington Tree Management Manual
A. ASIAN LONGHORNED BEETLE MASSACHUSETTS OVERVIEW AND HISTORY'
Asian longhorned beetle, Anoplophora glabripennis (ALB) is a threat to America's hardwood trees.
With no current cure, early identification and eradication are critical to its control. ALB has the
potential to cause more damage than Dutch elm disease, chestnut blight and gypsy moth combined,
destroying millions of acres of America's hardwoods, including backyard trees, state and national
forests.
ALB was first discovered in the United States in Brooklyn, New York in 1996. It was later found in
Illinois in 1998,New Jersey in 2002,Massachusetts in 2008, and Ohio in 2011. ALB most likely came
to the United States inside pallets from China where it has become a threat to hardwood trees.
For most of its history, the Asian longhorned beetle occupied a small niche in the forests of China,
Korea and Japan. It was not known as a serious pest. In the 1960s and 1970s, the Chinese government
began to plant enormous windbreaks of millions of poplar trees in its northern provinces in response
to erosion and deforestation. Poplar trees grow quickly and tolerate the arid, cold climate of northern
China.
In the 1980s, as China's poplar forests matured, the ALB population exploded. Within a few years,
hundreds of millions of trees were infested, and the Chinese government had to cut tens of thousands
of acres of forest to prevent the beetle's further growth.
Concurrently China began shipping goods using wood packing material. In the 1980s, pallets of
infested poplar began to leave Chinese ports, carrying Asian longhorned beetle larvae. As a stowaway
in the global shipping network, the insect came into contact with warehouses across the world. z Two
separate infestations were found in Massachusetts, the first in Worcester in 2008 and the second in
Boston in 2010. The Boston infestation was eradicated. The Worcester infestation is on going.
"The life cycle of the ALB is roughly a year, nine
months of which is spent buried in wood.
...Beetles will often inhabit one
tree for many generations until it is nearly dead. . ."
Peter Alsop, Smithsonian Magazine November 2009
https://www.smithsonianmag.com/science-nature/invasion-of-the-longhorn-beetles-
145061504/
49
Lexington Tree Management Manual
Asian Longhorn Female Beetle
Actively Chewing An Egg Site
r trc
t ,
ro;pp U V i I
i
a.
Photo Source, George A. Hubley Jr. MA, DCR,Forest Health Program, DCR Bureau of Forest Fire, Control
and Forestry https://www.mass.gov/guides/asian-longhorned-beetle-in-massachusetts
B. CURRENT DETECTIONS
The current cooperative eradication program established a 110 square mile quarantine zone in
Worcester County. The six communities included in the quarantine zone are Worcester, Boylston,
West Boylston, Shrewsbury, and portions of Holden, and Auburn.
C. MASSACHUSETTS ALB MANAGEMENT PLAN; ASIAN LONGHORN BEETLE
COOPERATIVE ERADICATION PROGRAM
Massachusetts Department of Conservation and Recreation (DCR), United States Department of
Agriculture(USDA),Animal and Plant Health Inspection Service(APHIS),and the US Forest Service
(USFS) are working together to eradicate ALB from the state. Currently the only effective means to
eliminate ALB is to remove infested trees and destroy them by chipping or burning. To prevent further
spread of the insect,quarantines are established to avoid transporting infested trees and branches from
the quarantine area. Early detection of infestations and rapid treatment response are crucial to
successful eradication of ALB.
50
Lexington Tree Management Manual
The Forest Health Program, administered by Massachusetts DCR,utilizes ALB traps as an additional
survey tool assisting the Eradication Program with locating previously undetected ALB infestations.
Asian Longhorned Beetle Cooperative Eradication Program will take trap damage reports and provide
more information at 508-852-8090, Forest Health Program, DCR Bureau of Forest Fire Control and
Forestry, Amherst, MA 01002.
https://www.mass.gov/guides/asian-longhorned-beetle-in-massachusetts [online: cited 17 March 2019]
D.WORKS CITED
1. Ken Gooch, Forest Health Program Director, Web Page, Asian Longhorn Beetle in
Massachusetts [online: cited 17 March 2019]
2. Peter Alsop, "Invasion of the Longhorn Beetle," Smithsonian Magazine,November 2009
[online: cited 30 April 2019]
"...With no current cure,
early identification and eradication are critical
to its control..."
Asian Longhorn Beetle in Massachusetts
https://www.mass.gov/guides/asian-longhorned-beetle-in-massachusetts
XII. ASIAN LONGHORN BEETLE— GREATER WORCESTER 2008-2014
A. GREATER WORCESTER- LARGEST ALB OUTBREAK IN NORTH AMERICA'
According to Rhonda Santos, Public Information Officer for the United States Department of
Agriculture(USDA),Worcester is the site of the largest Asian Longhorn beetle(ALB) infestation
in the North American continent. The number of trees cut down between the ALB discovery in
August 2008 and September 30, 2014, when the USDA declared it under control was close to
35,000. During that time they surveyed over 4 million infested trees.' The quarantine zone is
particularly important because it abuts large areas of forest in northeast New England and Canada.
If ALB were to spread into these forest areas it would devastate timber,nursery stock, maple syrup
production, and the fall New England tourist industry.
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Lexington Tree Management Manual
B. QUARANTINE ZONE
The quarantine zone encompasses 110 square miles. It covers all of Worcester, Shrewsbury, West
Boylston, Boylston and portions of Holden and Auburn. From the discovery of ALB in August
2008, through September 2014, approximately $146 million was spent in Massachusetts on the
eradication effort. The major cost was for staffing the Survey crews, which looked for signs of
ALB in trees of the greater Worcester area. The USDA and the Massachusetts Department of
Conservation and Recreation (DCR) employed 102 staff members in Worcester County, most of
whom were surveyors, whose job was to establish the 110 square mile perimeter of the infested
tree quarantine zone. As they worked for 6 years and 1 month determining the final boundary area,
tree crews continually removed 35,000 infested trees from within the area as it expanded from the
center in Worcester outward.
C. SURVEY METHOD
Surveyors used binoculars, trained dogs, and climbing gear to identify the dime-sized exit holes
left by the adult Asian longhorn beetles in an infested tree. After the infested tree was marked for
removal, climbing crews inspected every tree within a 656-foot radius buffer zone around the
marked tree.If another infested tree was found anywhere within the buffer zone, that tree was then
marked for removal and another 656-foot radius buffer zone was drawn around the second infected
tree, thus increasing the quarantine boundary one buffer zone at a time. At risk trees (those trees
preferred by ALB and located within each buffer zone) were also designated for removal. State
and Federal regulations governing the quarantine zone provide for this to protect other areas of the
state from a potential massive ALB outbreak.
D. CHEMICAL TREATMENT
Injected chemical treatments were considered,but rejected by the City of Worcester. There were
several problems with the effective chemical imidacloprid. Research showed that it was a danger
to the environment.It affects pollinators like bats and bees,and flowering plants.Injected chemical
treatments penetrate only the first layers of the tree. Consequently,it kills ALB first larval stages,
but misses larvae that have developed deeper inside the tree.
E. REPLANTING
Massachusetts Department of Conservation and Recreation,The City of Worcester, and Worcester
Tree Initiative combined to replant 31,000 new trees of varied ALB resistant species in the greater
Worcester area. This effort replaced most of the trees that needed to be removed from the
devastation of the ALB between the years 2008 and 2014.
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Lexington Tree Management Manual
F. CONTINUING SURVEYS
Surveys are continuing within the current regulated area and the bordering towns of Sterling,
Northborough, Westborough and Millbury. Surveys in the bordering towns are being done
proactively in hopes of confirming that ALB is not beyond the known infestation.'
G. PHEROMONE TRAPS
Entomologists from the U.S. Forest Service Research Station in conjunction with Pennsylvania
State University developed a beetle pheromone trap that lures ALB out of trees where it may be in
outlying or hidden infestations. In 2011, 500 traps in strategically laid-out"traplines"were set out
in five central Massachusetts towns, Worcester, West Boylston, Boylston, Shrewsbury, and
Holden. Since then, the traps caught beetles and surveyors identified additional infested trees in
areas near the traps. 3
https://www.nrs.fs.fed.us/news/review/15 [online: cited 23 May 2018]
This monitoring continues through the Asian Longhorned Beetle Cooperative Eradication
Program administered by Ken Gooch, Forest Health Program Director, DCR Bureau of Forest
Fire Control and Forestry.
". . .An ALB infestation tends to be a
slow, quiet burn, with multiple
generations often feeding on
the same tree or those very
nearby. . ."
Tate Williams"Eradication Nation: What Boston's battle with the Asian
longhorn beetle can teach us about stopping an invasive pest in its tracks",
https://www.americanforests.org/magazine/article/eradication-nation/
53
Lexington Tree Management Manual
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H. WORKS CITED
1. Quinn, Tom. "Trees Under Attack: Worcester's Beetle Battle", 30 July 2015, Worcester Magazine
https://www.americanforests.org/magazine/article/eradication-nation/ [online: cited 4 August 2016]
2. USDA announces its 2014 priorities in continued eradication of the Asian longhorned beetle(ALB)
from Worcester County, Massachusetts [online: cited 24 August 2016]
https://www.aphis.usda.gov/aphis/newsroom/news/sa_by date/sa_2014/sa_03/ct_alb_worcester/
3. U.S. Forest Service Northern Research Station Research Review, No.]5, Winter 2012, [online:
cited May 2, 2019]
XIII. DISCOVERY AND MANAGEMENT OF THE ASIAN LONGHORN BEETLE ON
FAULKNER HOSPITAL GROUNDS: 7/4/2010-5/14/2014
A. INITIAL DISCOVERY
A few days before the weekend of Sunday, July 4, 2010 Deborah LaScaleia, supervisor of the
grounds department at Brigham and Women's Faulkner Hospital in Boston, Massachusetts
discovered unusual holes in several red maple trees while walking the grounds. She also saw
sawdust-like material on the ground below, created when Asian longhorn beetles (ALB) bored
holes. 1,2,3
She had taken many classes and seen the latest on invasive pests at trade shows. She contacted the
hospital's arborist, who called US Department of Agriculture (USDA) Animal and Plant Health
Inspection Service (APHIS) in Washington D.C. On July 5, federal officials from (APHIS), the
same team who had been working on the Worcester infestation, confirmed the presence of the
invasive ALB in 6 red maple trees. They found 13 adult beetles and 33 beetles in earlier stages of
development. The beetles were sent for forensic analysis. On July 6, the trees were removed and
ground to destroy any possible residual beetle larvae. ',s
APHIS set up a quarantine perimeter of 1.5 miles from the original site.' They imposed a ban on
transporting firewood or woody material outside of a quarantine zone within 1.5 miles of the
epicenter. I Tree climbers sent in by APHIS began to inspect host trees of the Asian longhorn
beetle within the quarantine zone, working outward, looking for signs of the beetle, examining
every tree vulnerable to the beetle: B Acer (Maple),Aesculics (Horse chestnut),Albizia (Mimosa),
Betula (Birch), Celtis (Hackberry), Cercidiphyllum (Katsura), Fraxinus (Ash), Koelreuteria
(Golden Rain Tree), Platanus (Sycamore), Populus (Poplar), Salix (Willow), Sorbus (Mountain
Ash), and Ulmus (Elm). 9
The importance of swift action in removing the infestation was heightened by the fact that the
epicenter was located directly across from the Arnold Arboretum, which contains specimen trees
55
Lexington Tree Management Manual
collected from around the world of historic and botanic value. '0 APHIS and the Arnold Arboretum
through negotiation, compromise and the use of exact mapping reached an agreement to use
imidacloprid, mostly by soil injection. This limited injection damage to trees. It also reduced by
half the original number of trees planned for injection. "
B. EVALUATION OF ASIAN LONGHORN BEETLE AND RED MAPLES
Scientific evaluation of the infested trees and their planting date confirmed that those trees were
not infested at the time of planting on Faulkner Hospital grounds. Results of DNA analysis
indicated the ALB specimens from Boston were genetically similar, but with slight variation, to
the ALB specimens in Worcester. 12 Program staff investigated potential pathways of this invasive
species introduction. It is believed a vehicle that parked at the hospital was carrying materials that
contained ALB, which crawled out and found the row of red maples. 13
C. BOSTON AND BROOKLINE ERADICATION PROGRAMS
To control the pest, 10-square miles were regulated by quarantine in Norfolk and Suffolk Counties,
an area that included the neighborhoods of Jamaica Plain,Roslindale,Roxbury,West Roxbury and
a portion of the Town of Brookline. 'a,'5
Each June treatment of all host trees in a quarter-mile radius of the six original maples was done
for three years with imidacloprid by trunk injection. 16 APHIS protocol calls for prophylactic
treatment with imidacloprid, a pesticide that is effective against ALB. " Tree inspectors from the
USDA and Massachusetts Department of Conservation and Recreation (DCR) continued with
surveys on both public and private property in the Regulated Area (quarantine zone) to look for
signs of ALB through the four-year period of July 2010 to May 2014.
APHIS and its partners USDA U.S.Forest Service,the Massachusetts Department of Conservation
and Recreation, the Massachusetts Department of Agricultural Resources, the City of Boston, and
the Town of Brookline, removed six infested trees from one property and conducted multiple
inspection surveys of more than 90,000 host trees. In May 2013, the eradication program
completed its third and final cycle of chemical treatment(imidacloprid) on 2,000 host trees. "
Asian longhorned beetle (ALB) was discovered in Boston in July 2010 and declared effectively
eradicated from an area in Boston, MA, May 12, 2014 by the U.S. Department of Agriculture's
(USDA) Animal and Plant Health Inspection Service (APHIS). '9
56
Lexington Tree Management Manual
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57
Lexington Tree Management Manual
D. WORKS CITED
1. Johnson, C. "Finding of invasive beetle in Boston sets off alarms", 7 July 2010, Boston Globe
http://archive.boston.com/news/science/articles/2010/07/07/finding_of invasive beetle in boston_set
s_o ff alarms/ [online: cited 3 September 2016]
2. Williams, Tate. "Eradication Nation: What Boston's battle with the Asian longhorned beetle can
teach us about stopping an invasive pest in its tracks", Winter 2015, American Forests,
https://www.amcricanforests.org/magazine/article/eradication-nation/
[online: cited 6 September 2016]
3. "Deborah LaScaleia honored by USDA for Role in Asian longhorn beetle eradication",Pulse
News For and About BWFH Staff and Employees, Page 10
The Butterfly ject takes flight at BWFH -Brigham and Women's...
[online: cited 17 September 2016]
4. Op. cit. https://www.amcricanforests.org/magazine/article/eradication-nation/ [online: cited 6
September 2016]
5. "Asian Longhorn Beetle Confirmed in Boston", 6 July 2010, City of Boston, Mayor's Office,
http://www.cityofboston.gov/news/default.aspx?id=4682 [online: cited 1 September 2016]
6. "Regulated Area to Suppress and Control the Asian Longhorned Beetle" Boston, 6 July 2010,
Office of Geographic and Environmental Information (MassGIS) and DCR GIS, Commonwealth
of Massachusetts, Executive Office of Energy and Environmental Affairs. Map
massnrc.org/pests/albdocs/ALBRegulatedAreaMapBoston07062010.pdf
[online: cited 3 October 2016]
7. Op. cit. http://www.cityofboston.gov/news/default.aspx?id=4682 [online: cited September 2016]
S. Op. cit. http://www.cityofboston.gov/news/default.aspx?id=4682 [online: cited September 2016]
9. "Asian Longhorned Beetle: Update List of Regulated Articles", 16 June 2016,Federal Register, ily
Journal of the United States Government,_
https://www.federalre igister.gov/documents/2016/06/16/2016-14248/asian-longhorned-beetle-update-
list-of-regulated-articles [online: cited 30 October 2016]
10 Op. cit.
http://archive.boston.com/news/science/articles/2010/07/07/finding of invasive_beetle_in boston_
sets_o ff alarms/ [online: cited 3 September 2016]
11. Op. cit. https://www.americanforests.org/magazine/article/eradication-nation/ [online: cited 6
September 2016]
12. "Asian Longhorn Beetle (ALB) Cooperative Education Program", 18 August 2010, City of
Boston, Environment, Energy and Open Space.
https://www.cityofboston.gov/news/Default.aspx?id=4724# [online: cited 19 September
2016]
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Lexington Tree Management Manual
13. Op. cit. https://www.amcricanforests.org/magazine/article/eradication-nation/ [online: cited 6
September 2016]
14. Op. cit. http://massnrc.org/pests/albdoes/ALBRegulatedAreaMapBoston07O62010.pdf [online:
cited 3 October 2016]
15. "USDA Declares A Boston, Massachusetts Area Free Of The Asian Longhorned Beetle", 14 May
2014, Washington,/PRNewswire/
http://www.prnewswire.com/news-releases/usda-declares-a-boston-massachusetts-area-free-of-the-
asian-longhorned-beetle-25890973 Lhtml [online: cited 28 September 2016]
16. "Asian Longhorn Beetle, Spring 2012 Update", City of Boston, Environment, Energy and Open
Space.http://www.cityofboston.gov/eeos/alb.asp [online: cited 15 September 2016]
17. "Regulated Area to Suppress and Control the Asian Longhorned Beetle" Boston, 6 July 2010,
Office of Geographic and Environmental Information (MassGIS) and DCR GIS, Commonwealth
of Massachusetts, Executive Office of Energy and Environmental Affairs. Map
http://massnrc.org//pests/albdocs/ALBRegulatedAreaMapBoston07O6201O.pdf [online: cited 3
October 2016]
18. Op cit. "USDA Declares A Boston, Massachusetts Area Free Of The Asian Longhorned Beetle",
14 May 2014, Washington, /PRNewswire/
http://www.prnewswire.com/news-releases/usda-declares-a-boston-massachusetts-area-free-of-the-
asian-longhorned-beetle-25890973 Lhtml [online: cited 28 September 2016]
19. Op cit. https://www.americanforests.org/magazine/article/eradication-nation/ [online: cited 6
September 2016]
"If we were to wipe out insects alone
on this planet,
the rest of life andhumanity
with it would mostly
disappear from the land.
Within a few months."
E. O. Wilson
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Lexington Tree Management Manual
XIV. ASIAN LONGHORN BEETLE— LEXINGTON POLICY
A. DISCOVERY
The Forestry Division reviews all potential Asian Longhorn Beetle (ALB) incidents. If a positive
ALB determination is made by the United States Department of Agriculture Animal and Plant Health
Inspection Services(USDA-APHIS),they will dispatch an Incident Management Team to Lexington
to further evaluate the site.Lexington Department of Public Works(DPW)will work with the APHIS
Incident Management Team throughout the duration of the ALB eradication program.
B. SURVEY AND QUARANTINE
This will begin with surveys of trees looking for the beetle, establishing a quarantine area, and
regulating the movement of all host plant material and hardwood firewood. Concurrently compliance
workshops will be held to increase the public's understanding of regulations for the proper handling
of regulated wood material. Simultaneously, historical movement of the beetle will be traced to
determine the source of infestation, and to see if it has been moved to other locations.
C. ERADICATION OPTIONS
APHIS Incident Management Team in consultation with the Lexington DPW has a choice of
eradication strategies,which will depend on many factors about the infestation.The first option is the
removal of infested trees, and removal of high-risk host trees. The second is three years of chemical
(imidacloprid) treatment. The chemical treatment option requires documented environmental
compliance, environmental impact statements (EIS) and environmental assessments (EA) to aid in
program operational decisions, as well as Endangered Species consultation.
D. PUBLIC NOTICE
The Lexington DPW will schedule public meetings, which will address resident's questions about
the Lexington infestation, and ALB biology. APT-ITS will set up a toll-free phone number to serve as
an ALB hotline as a follow-up.
E. RESIDENT NOTIFICATION
APHIS will provide prior notification in writing to any resident who may have ALB-positive or high
risk host material removed from their property or pesticide treatments applied to trees on their
property,before action is conducted. Residents may be present to witness removal of ALB-positive
host material from their property.
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Lexington Tree Management Manual
XV. SOURCE MATERIAL
A. Printed Publications
1. Bringing Nature Home, How Native Plants Sustain Wildlife with Native Plants Updated and
Expanded, Douglas W. Tallamy, Timber Press, 2009
2. Landscape Plants for Eastern North America, Exclusive of Florida and the Immediate Gulf Coast,
Harrison L.Flint, John Wiley& Sons,Inc., 1997.
3. Manual of Woody Landscape Plants: Their Identification, Ornamental Characteristics, Culture,
Propagation and Uses, Michael A. Dirr, Stipes Publishing Co., rev. 2009.
4. A New Tree Biology and Dictionary, Alex L. Shigo, Shigo & Trees Assoc, 2008.
5. Native Plants of the Northeast, A Guide for Gardening & Conservation, Donald J. Leopold,
Timber Press, 2005
6. Native Trees, Shrubs & Vines: A Guide to Using, Growing and Propagating North American
Woody Plants, William Cullina, Houghton Mifflin, 2002
7. Principles and Practice of Planting Trees and Shrubs, Gary W. Watson and E. B. Himelick,
International Society of Arboriculture, 1997.
8. The Green Menace: The Emerald Ash Borer and the Invasive Species Problem, John D. Marche"
II, Oxford University Press, 2017
9. The Sibley Guide to Trees, David Allen Sibley, Written and Illustrated, Alfred P. Knopf, New
York, 2009
10. The Tree: A Natural History of What Trees Are, How They Live, and Why They Matter, Colin
Tudge, Three Rivers Press, 2006.
11. Trees and Development: a Technical Guide to Preservation of Trees during Land Development,
Nelda Matheny and James R. Clark,International Society of Arboriculture, 1998.
12. Tree Risk Assessment Manual, J.A. Dunster, E. Thomas Smiley, Sharon Lilly, Nelda Matheny,
International Society of Arboriculture, 2017
13. Trees and Shrubs of New England, Marilyn Dwelley, Down East Books, 2'd ed.,2000.
14. Trees in the Urban Landscape: Site Assessment, Design, and Installation, Peter Trowbridge and
Nina L. Bassuk, John Wiley& Sons Inc., 2004.
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Lexington Tree Management Manual
B. Websites, 6/11/2019
Arboretums/Tree-Plant Databases
1. Arnold Arboretum of Harvard University: www.arboretum.harvard.edu
2. Massachusetts Horticultural Society: http://www.masshort.org/
3. Missouri Botanic Garden Plant Finder:
https://www.mi ssouribotanical garden.org//pl antfinder/plantfindersearch.aspx
4. The Morton Arboretum: https://www.mortonarb.org/trees-plants/tree-and-plant-selection
5. University of Connecticut Plant Database: www.hort.uconn.edu/plants/
6. University of Massachusetts Extension: http://Nvww.urbanforestrytoday.org/
7. Urban Horticultural Institute:http://www.hort.cornell.edu/uhi/outreach/
Government
8. Department of Conservation and Recreation: http://www.mass. og v/dcr
9. Mass Prohibited Plants: https://www.mass.gov/service-details/12robibited-plant-list-back rg ound
10. Plant Materials Guide for Lexington MA:_
https://www.lexin ton�ma.izov/sites/lexiniztonma/files/uploads/plant materials guide_for_lexing
ton222111.pdf
11.Town of Lexington: http://www.lexingtonma.gov/
12.Tree Committee, Town of Lexington:https://www.lexingtonma.gov/tree-committee
Insects
13. Asian Longhorn Beetle: https://Nvww.aphis.usda.goy/aphis/resources/pests-diseases/asian-
longhorned-beetle
14. Asian Longhorn Beetle in Massachusetts: https://www.mass.gov/guides/asian-longhorned-
beetle-in-massachusetts
15. Encyclopedia Britannica Asian longhorn beetle https://www.britannica.com/animal/Asian-long-
horned-beetle
16. Emerald Ash Borer:http://emeraldasbborer.info/
17. Emerald Ash Borer in Massachusetts: https://www.mass.gov/guides/emerald-ash-borer-in-
massachusetts
Invasive Plants
18. Invasive Plant Atlas of New England:http://www.eddmaps.org/ipane/index.htmi
19. Mass Invasive Plant Information: https://www.massaudubon.org/learn/nature-wildlife/invasive-
lp ants
20. Native Plant Trust(New England Wildflower Society): http://www.newfs.org/
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Lexington Tree Management Manual
B. Websites,6/11/2019
Trees
21. ANSI 300 Standard Practices:-
bttps://ww-vv.tcia.org/TCIA/BUSINESS/ANSI A300 Standards /TCIA/BUSINESS/A300—Stan
dards/A300 Standards.aspx?hkey=202ff566-4364-4686-b7cl-2a365af59669
22. ANSI Nursery Stock Standards American Horticultural Society, 2014, pdf:.
https://www.americanhort.org//page/standards
23. Guidelines for Planting Trees and Shrubs https://ag.umass.edu/landscape/fact-sheets/guidelines-
for-planting-trees-shrubs
XVI. PUBLICATION INFORMATION
Fourth Edition, Published 2020 by the Town of Lexington Tree Committee:
David J. Pinsonneault, Director of Public Works
Christopher Filadoro, Superintendent of Public Grounds, Tree Warden
Gloria Bloom
John Frey,Honorary*
Jewel Kuljian
Karen Longeteig,
Pat Moyer
Gerald Paul, Chairman
Anne Senning*
Nancy Sofen
James Wood
*Editors of the Tree Management Manual, Fourth Edition 2020
Graphics by Bruce Walker http://www.bruce-walker.com/
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APPENDIX I
TREE BYLAW, TOWN OF LEXINGTON
CHAPTER 120 TREES http://ecode360.com/10535335
[HISTORY: Adopted by the Annual Town Meeting of the Town of Lexington 4-11-2001 by Art. 34.
Amendments noted where applicable.]
§ 120-1 Findings.
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.
§ 120-2 Intent and purpose.
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.
§ 120-3 Definitions.
A. When used in this bylaw, the following definitions shall apply:
CALIPER—Diameter of a tree trunk(in inches) measured six inches above the ground for trees up to and
including four-inch diameter, and 12 inches above the ground for larger trees.
DBH("Diameter at Breast Height")—The diameter(in inches)of the trunk of a tree(or,for multiple trunk
trees, the aggregate diameters of the multiple trunks) measured 4 1/2 feet from the existing grade at the
base of the tree.
DEMOLITION—Any act of pulling down, destroying, removing or razing a building or commencing the
work of total or substantial destruction with the intent of completing the same.
MAJOR CONSTRUCTION—Any construction of a structure on a vacant lot, or any construction of one
or multiple structures or additions to structures on an existing lot, wherein there would result an increase
of 50% or more in the total footprint of the new structure(s), when compared to the total footprint of the
pre-existing structure(s).
PERSON— Any person, firm,partnership, association, corporation, company or organization of any kind
including public or private utility and municipal department.
PROTECTED TREE — Any tree on private land, with a DBH of six inches or greater (or any multiple
trunk tree with a DBH of 15 inches or greater), located in the setback area(or which, as determined by the
Tree Warden,has any portion of the stem between six inches and 4 1/2 feet above grade actively growing
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into the setback area), provided that tree is not hazardous or undesirable as defined in the Tree Manual.
[Amended 4-4-2007 ATM by Art. 13]
PUBLIC SHADE TREE — Any tree within the public right-of-way except for state highways that, as
determined by the Tree Warden,has any portion of the stem between six inches and 4 1/2 feet above grade
actively growing into the public right-of-way.
REPLACEMENT INCH–the unit used when determining mandated replanting,which shall be calculated
using the Replacement Inch Calculation Table in § 120-16. [Added 4-5-2017 ATM by Art. 37]
SETBACK AREA — The minimum setback area around a lot shall be measured in accordance with the
larger dimension of 30 feet from the front and 15 feet from the two sides and from the rear of the lot; and
the minimum front yard, side yard and rear yard dimensional requirements under the Zoning Bylaw of the
Town of Lexington. For the purposes of establishing the setback area in which the provisions of this bylaw
shall apply, the measurement shall be from any point on any property line of the lot, to pointsalong an
imaginary line drawn representing the setback area as specified. Final judgments regarding required tree
protections during construction shall be made by the Tree Warden where deviations from the setback are
required. [Amended 4-4-2007 ATM by Art. 13] [Amended 3-18-2013 ATM by Art. 30]
TOWN TREE— Any tree within a public park or open space under the jurisdiction of the Select Board
acting as park commissioners, on public school grounds, or on any other Town-owned land.
TREE REMOVAL—Any act that will cause a tree to die within a three-year period.
B. The Tree Committee may provide other such definitions or terms in rules and regulations, approved by
the Select Board, deemed useful to implement this bylaw.
§ 120-4 Applicability.
A. Applicability. The circumstances under which the tree protection, removal and replacement
regulatory process delineated in this bylaw shall apply are as follows:
(1) Proposed cutting (trunk, limbs or roots) of existing public shade trees on public
and private ways (accepted or unaccepted streets) or of Town trees on Town-
owned(or leased land being used as a public facility)by any person.
(2) Proposed demolition of an existing residential or nonresidential structure.
(3) Proposed major construction on an existing residential or nonresidential lot.
B. For sites under the jurisdiction of the Planning Board or Zoning Board of
Appeals, the Planning Board or Zoning Board of Appeals may, by including in
their findings an explanation of the reasons, waive in part or in full this bylaw
when they deem it necessary for the good of the community. [Amended 3-23-
2011 ATM by Art. 31]
§ 120-5 Tree Warden.
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,
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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.
§ 120-6 Tree Committee.
A. The Town shall have a Tree Committee that consists of seven members as appointed by
the Select Board.For the first appointments,three members will serve one-year terms; two
members will serve two-year terms; and two members shall serve three-year terms. All
members up for renewal will then serve three-year terms.
B. The Tree Committee shall have the following duties and responsibilities as may be further
specified in this bylaw:
(1) Development of rules, regulations, tree inventory, manuals and other data, in conjunction
with the Tree Warden, to carry out the purposes and intent of this bylaw,for approval and
promulgation by the Select Board;
(2) Permit the removal of certain trees on private property upon appeal,by an applicant;
(3) Public education and coordination with other Town Committees and civic groups to
promote the purposes and intent of this bylaw
(4) Work in conjunction with the Tree Warden to seek grants or other assistance concerning
the preservation and maintenance of trees in Town.
§ 120-7 Public shade trees and Town trees.
A. Scope. A public shade tree or Town tree may not be cut,pruned, removed or damaged by
any person or the Town until and unless the Tree Warden issues a written permit pursuant
to this section.
B. Procedures. Any person seeking to prune or remove a public shade tree or Town tree shall
submit an application to the Tree Warden in accordance with any application requirements
issued by the Tree Warden. The Tree Warden shall hold a public hearing on applications
for removal, at the expense of the applicant, in accordance with the provisions outlined
within General Law Chapter 87. The permit issued by the Tree Warden may specify
schedules, terms, and conditions, including requiring the planting of replacement trees.
C. Planting of trees on Public Land. Any person seeking to plant a tree on public land under
the jurisdiction of the Tree Warden must obtain written permission from the Tree Warden.
Such permission may specify schedules, terms, and conditions as deemed appropriate by
the Tree Warden.
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§ 120-8 Protected trees.
A. Scope. The removal of protected trees in conjunction with demolition or major
construction is prohibited unless authorized by the Tree Warden,or Tree Committee as set
forth below.
B. Procedures. When major construction or demolition is planned, the owner of theproperty
shall submit to the Building Commissioner as part of the application for a building or
demolition permit a site plan drawn and stamped by a registered land surveyor showing
all existing trees on the property of six-inch DBH or greater. [Amended 4-4-2007 ATM
by Art. 13]
(1) If any protected trees will be removed or damaged in connection with major construction
or demolition, the owner of the property shall submit a proposal for tree removal and
mitigation to the Building Commissioner with the application for a building or demolition
permit. Additionally, if any protected trees were removed during the 12 months preceding
the application for the building or demolition permit, a tree removal and mitigation
proposal regarding the protected trees already removed shall be submitted to the Building
Commissioner. The proposal shall satisfy the mitigation requirements set forth below and
any rules,regulations or manuals promulgated by the Select Board. The Select Board shall
set an application fee. Such fee shall be at least $5 per DBH inch of protected tree to be
removed. [Amended 3-19-2008 ATM by Art. 37]
(2) The Building Commissioner shall refer the tree proposal to the Tree Warden. The Tree
Warden shall conduct a site visit. If the applicant's proposal is consistent with the
mitigation requirements herein and the rules, regulations or manuals issued by the Select
Board, the Tree Warden will issue a permit within 10 business days of receipt by the Tree
Warden of the proposal to authorize the tree work.If the proposal does not meet or satisfy
these requirements, the Tree Warden shall so notify the applicant and deny the permit.
(3) An applicant may appeal the denial or grant of a tree permit to the Tree Committee. The
Tree Committee shall conduct a public hearing on the appeal and shall give the public
notice thereof, at the expense of the applicant. Public notice shall include all persons
owning land within 300 feet of any part of applicant's land at least 14 days before said
hearing. The Tree Committee shall rule within 20 days of the public hearing.
(4) Appeals of final decisions of the Tree Committee shall be to Superior Court and shall be
limited to whether the decision was arbitrary or capricious.
C. Mitigation. A protected tree shall not be removed unless at least one of the following
provisions is satisfied:
(1) Replanting of trees: such replanting shall be on the basis of one inch of caliper of new
tree(s)for each replacement inch of DBH of tree(s)removed except that, to encourage the
planting of large shade species, for each replanted tree listed in the Recommended Large
Shade Trees list of the Lexington Tree Manual [Section V.B.5] replanting shall be on the
basis Of inch of caliper of new tree(s) for each replacement inch of DBH of tree(s)
removed and each replanted tree must have a minimum caliper of three inches. The
replanting shall occur no later than 12 months after completion of the construction work,
either on applicant's land or on land abutting applicant's land with express approval of the
owner of such abutting land; [Amended 3-18-2013 ATM by Art. 30], [Amended 4-5-2017
ATM by Art. 37]
(2) Contribution into the Lexington Tree Fund, provided such fund is reauthorized to the
extent required by law, or otherwise to the surplus revenue of the Town: such
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contribution shall be $100 per replacement inch of protected tree or Town tree removed
not already mitigated as per Subsection C(1); or
[Amended 3-31-2004 ATM by Art. 34; 4-4-2005 ATM by Art. 16]
[Amended 4-5-2017 ATM by Art. 37]
(3) (Reserved) Editor's Note: Former Subsection C (3), which required the applicant to
demonstrate the desirability of removal of a protected tree, was repealed 3-22-2010 ATM
by Art. 27.
(4) All evergreens planted as replacement trees must be a minimum of six feet in height and
may include, without limitation, pine, hemlock, spruce and fir. Low-growing evergreens
shall not be accepted as replacement trees. [Added 4-4-2007 ATM by Art. 13]
D. Trees not removed. Trees that are to be left on the site must be protected as
specified in Section VIIIB in the Tree Management Manual.
[Added 4-4-2007 ATM by Art. 13] [Amended 4-5-2017 ATM by Art. 37]
E. Failure to protect trees not removed. Trees left on site must be protected; and if not done
so as required by this bylaw, the Tree Warden may impose the following: [Added 4-4-
2007 ATM by Art. 13]
(1) The Town may undertake tree protection measures and bill for any labor and material
charges incurred.
(2) The Town may require replacement plantings larger than three inches in diameter to
replace trees damaged during construction.
(3) The Town may hire an arborist whose charges will be billed to the owner/builder to ensure
that trees left on the site will survive and remain healthy.
(4) The Town may impose fines as per the fine schedule in § 120-10 of this bylaw.
§ 120-9 Emergencies and exemptions.
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;
C. (Reserved)Editor's Note:Former Subsection C,which excluded invasive tree species,was
repealed 3-22-2010 ATM by Art. 27.
D. Trees identified by the Commonwealth that pose a risk of disease or insect infestation.
§ 120-10 Enforcement.
A. Any person violating this bylaw is subject to the penalties under Chapter 1, § 1-6 of the
General Bylaws, General Law Chapter 87 (for violations concerning public shade trees)
and other legal enforcement action by the Town. The Tree Warden is authorized to enforce
the provisions of Chapter 1 of the General Bylaws and of General Law Chapter
87. Any other legal enforcement action shall be determined by the Select Board in
consultation with the Tree Committee, the Tree Warden and Town Counsel.
B. Each instance in which a Town tree or a protected tree is removed without a tree permit
shall constitute an offense under this bylaw.When Town trees or protected trees have been
removed without a permit, mitigation (as outlined in § 120-8C of this bylaw) and the
payment of fines (as outlined in the Fine Schedule at the end of this bylaw Editor's Note:
See Ch. 1, General Provisions, Art. II, Use and Construction, § 1-6, Noncriminal
disposition. ) shall be required. [Amended 3-31-2004 ATM by Art. 34]
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C. If mitigation and the payment of fines are completed in due time as determined by the Tree
Warden, the project will be approved. If not completed, then each day beyond the
determined and agreed upon completion date shall constitute a new and separate offense.
[Amended 3-31-2004 ATM by Art. 34]
§ 120-11 Rules and regulations.
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.
§ 120-12 Severability.
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.
§ 120-13 Relationship to other laws.
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.
§ 120-14 Funds.
[Added 3-31-2004 ATM by Art. 34; amended 4-4-2005 ATM by Art. 16; 4-4-2007 ATM by Art. 13]
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.
§ 120-15 Tree Management Manual.
[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.
§ 120-16 Replacement Inch Calculation Table [Added 4-5-2017 ATM by Art. 37]
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 Same as inches removed
to comply with a condition,restriction or requirement of a local,
state, or federal permit
Level 2: 24"DBH and larger 2 times inches removed
https://ecode360.com/10535335 online: cited [18 June 2018]
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APPENDIX II
MASSACHUSETTS GENERAL LAWS
PART I.
ADMINISTRATION OF GOVERNMENT
TITLE XIV.
PUBLIC WAYS AND WORKS
CHAPTER 87. SHADE TREES https://malegis]ature.gov/Laws/Genera]Laws/Parti/Tit]eXIV/Chapter87
Chapter 87: Section 1. Public shade trees; definition
Section 1. All trees within a public way or on the boundaries thereof including trees planted inaccordance
with the provisions of section 7 shall be public shade trees; and when it appears in any proceeding in which
the ownership of or rights in a tree are material to the issue, that, from length of time or otherwise, the
boundaries of the highway cannot be made certain by records or monuments, and that for that reason it is
doubtful whether the tree is within the highway, it shall be taken to be within the highway and to be public
property until the contrary is shown.
Chapter 87: Section 2. Powers of tree wardens
Section 2. The tree warden of a town may appoint and remove deputy tree wardens. He and they shall
receive such compensation as the town determines or,in default thereof,as the Select Board allow. He shall
have the care and control of all public shade trees, shrubs and growths in the town, except those within a
state highway, and those in public parks or open places under the jurisdiction of the park commissioners,
and shall have care and control of the latter,if so requested in writing by the park commissioners,and shall
enforce all the provisions of law for the preservation of such trees, shrubs and growths. He shall expend
all money appropriated for the setting out and maintenance of such trees, shrubs and growths, and no tree
shall be planted within a public way without the approval of the tree warden, and in towns until a location
therefor has been obtained from the Select Board or road commissioners. He may make regulations for the
care and preservation of public shade trees and establish fines and forfeitures of not more than twenty
dollars in any one case for violation thereof, which, when posted in one or more public places, and, in
towns,when approved by the Select Board, shall have the effect of town by-laws.
Chapter 87: Section 3. Cutting of public shade trees; public hearing; damages to fee owner
Section 3. Except as provided by section five, public shade trees shall not be cut, trimmed or removed, in
whole or in part,by any person other than the tree warden or his deputy, even if he be the owner of the fee
in the land on which such tree is situated, except upon a permit in writing from said tree warden, nor shall
they be cut down or removed by the tree warden or his deputy or other person without a public hearing and
said tree warden or his deputy shall cause a notice of the time and place of such hearing thereof, which
shall identify the size, type and location of the shade tree or trees to be cut down or removed, to be posted
in two or more public places in the town and upon the tree at least seven days before such hearing and
published in a newspaper of general circulation in the city or town once in each of two successive weeks,
the first publication to be not less than seven days before the day of the hearing or if no such local newspaper
exists then in accordance with the provisions of section six of chapter four;provided,however, that when a
public hearing must be held under the provisions of this section and under section fifteen C of chapter forty
prior to the cutting or removal of a tree, such hearings shall be consolidated into a single public hearing
before the tree warden and the planning board, or if there is no planning board,the Select Board of a town
or the city council of a city,and notice of such consolidated public hearing shall be given by the tree warden
or his deputy as provided herein. Any person injured in his property by the action of the officers in charge
of the public shade trees as to the trimming, cutting, removal or retention of any such tree, or as to the
amount awarded to him for the same, may recover the damages, if any, which he has sustained, from the
town under chapter seventy-nine.
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Chapter 87: Section 4. Cutting down or removing public shade trees; approval of Select Board or
mayor
Section 4. Tree wardens shall not cut down or remove or grant a permit for the cutting down or removal of
a public shade tree if,at or before a public hearing as provided in the preceding section,objection in writing
is made by one or more persons,unless such cutting or removal or permit to cut or remove is approved by
the Select Board or by the mayor.
Chapter 87: Section 5. Cutting down,trimming or removing bushes and small trees
Section 5. Tree wardens and their deputies,but no other person, may, without a hearing, trim, cut down or
remove trees, less than one and one half inches in diameter one foot from the ground, and bushes, standing
in public ways; and, if ordered by the mayor, Select Board,road commissioners or highway surveyor, shall
trim or cut down trees and bushes, if the same shall be deemed to obstruct, endanger,hinder or incommode
persons traveling thereon or to obstruct buildings being moved pursuant to the provisions of section
eighteen of chapter eighty-five. Nothing contained in this chapter shall prevent the trimming, cutting or
removal of any tree which endangers persons traveling on a highway, or the removal of any tree, if so
ordered by the proper officers for the purpose of widening the highway and nothing herein contained shall
interfere with the suppression of pests declared to be public nuisances by section eleven of chapter one
hundred and thirty-two, including the Dutch elm disease.
Chapter 87: Section 6. Penalty for violation of Sec. 3,4 or 5
Section 6. Violations of any provision of the three preceding sections shall be punished by forfeiture of not
more than five hundred dollars to the use of the city or town.
Chapter 87: Section 7. Planting of shade trees
Section 7. Cities and towns may appropriate money for the purpose of acquiring and planting shade trees
in public ways.The tree warden, or a private organization acting with the written consent of the tree warden,
may plant shade trees acquired with public or private funds in a public way, or if he deems it expedient,
upon adjoining land at a distance not exceeding 20 feet from the layout of such public way for the purpose
of improving,protecting, shading or ornamenting the same;provided, however, that the written consent of
the owner of such adjoining land shall first be obtained.
Chapter 87: Section 8. Trees on state highways
Section 8.The department of highways,in this chapter called the department,shall have the care and control
of all trees, shrubs and growths within state highways, and may trim, cut or remove such trees, shrubs and
growths, or license the trimming, cutting or removal thereof. No such tree, shrub or other growth shall be
trimmed, cut or removed by any person other than an agent or employee of the department, even if he be
the owner of the fee in the land on which such tree, shrub or growth is situated, except upon a permit in
writing from the department. Any person injured in his property by the action of the department as to the
trimming, cutting,removal or retention of any such tree, shrub or other growth, may recover the damages,
if any,which he has sustained, from the commonwealth under chapter seventy-nine.
Chapter 87: Section 9. Signs or marks on shade trees
Section 9. Whoever affixes to a tree in a public way or place a notice, sign, advertisement or other thing,
whether in writing or otherwise, or cuts,paints or marks such tree, except for the purpose of protecting it
or the public and under a written permit from the officer having the charge of such trees in a city or from
the tree warden in a town,or from the department in the case of a state highway, shall be punished by a fine
of not more than fifty dollars. Tree wardens shall enforce the provisions of this section;but if a tree warden
fails to act in the case of a state highway within thirty days after the receipt by him of a complaint in writing
from the department, the department may proceed to enforce this section.
Chapter 87: Section 10. Injury to trees on state highways
Section 10. Whoever without authority trims, cuts down or removes a tree, shrub or growth,within a state
highway or maliciously injures, defaces or destroys any such tree, shrub or growth shall be punished by
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imprisonment for not more than six months, or by a fine of not more than five hundred dollars to the use of
the commonwealth.
Chapter 87: Section 11. Injury to trees of another person
Section 11. Whoever wilfully, maliciously or wantonly cuts, destroys or injures a tree, shrub or growth
which is not his own,standing for any useful purpose,shall be punished by imprisonment for not more than
six months or by a fine of not more than five hundred dollars.
Chapter 87: Section 12. Injury to shrubs,trees or fixtures
Section 12. Whoever wantonly injures, defaces or destroys a shrub, plant or tree, or fixture of ornamentor
utility, in a public way or place or in any public enclosure, or negligently or wilfully suffers an animal
driven by or for him or belonging to him to injure, deface or destroy such shrub,plant, tree or fixture, shall
be punished by a fine of not more than five hundred dollars, and shall in addition thereto be liable to the
town or any person for all damages to its or his interest in said shrub,plant, tree or fixture caused by such
act. Whoever by any other means negligently or wilfully injures, defaces or destroys such a shrub, plant,
tree or fixture shall likewise be liable to the town or any person for all damages to its or his interest in said
shrub,plant, tree or fixture caused by such act.
Chapter 87: Section 13 Powers and duties of tree wardens in cities
Section 13. The powers and duties conferred and imposed upon tree wardens in towns by this chapter shall
be exercised and performed in cities by the officers charged with the care of shade trees within the limits
of the highway.
Chapter 87: Section 14 Performance of maintenance and tree removal work by utility; submission
and approval of vegetation management and hazard tree removal plans; submission of utility tree
maintenance standards and specifications
Section 14. (a)For the purposes of this section,"utility" shall mean a company engaging in the distribution
of electricity or owning, operating or controlling distribution facilities; provided, however, that a
distribution company shall not include any entity which owns or operates plant or equipment used to
produce electricity, steam and chilled water, or an affiliate engaged solely in the provision of such
electricity, steam and chilled water,where the electricity produced by such entity or its affiliate is primarily
for the benefit of hospitals and nonprofit educational institutions, and where such plant or equipment was
in operation before January 1, 1986.
(b) A utility may, or at the request of the tree warden shall, submit an annual vegetation management plan
describing the maintenance work to be performed in a municipality. The plan shall include, but not be
limited to, a map of the circuits where the maintenance work will be performed, the tree maintenance
standards that will be followed and any foreseeable variance from those standards. The plan shall comply
with local ordinances and regulations. The plan shall be submitted not less than 90 days prior to the date
the utility proposes to begin its maintenance work. Upon receipt of the plan,the tree warden, or a designee
thereof, shall notify the utility within 60 days,in writing,whether or not the plan has been approved.Upon
receipt of written notification that the plan has been approved, or approved with modifications agreed to by
both parties, a utility shall be exempt from the requirements of sections 3 and 5 for the work described in
the approved plan.
(c) A utility may, or at the request of the tree warden shall, submit an annual hazard tree removal plan
describing hazard tree removal work to be performed in a municipality. The plan shall include,but not be
limited to, the specific trees that the utility has identified as a hazard and proposes to remove. The plan
shall comply with local ordinances and regulations. The plan shall be submitted not less than 90 days prior
to the date a utility proposes to begin tree removal.Upon receipt of the plan, the tree warden, or a designee
thereof, shall notify the utility within 60 days, in writing,whether or not the plan has been approved.Upon
receipt of written notification that the plan has been approved, or approved with modifications agreed to by
both parties, the utility shall be exempt from the requirements of sections 3 and 5 for the work described in
the approved plan.
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(d) If a tree warden fails to notify a utility whether a vegetation management plan or hazard tree removal
plan has been approved within 60 days of the warden's receipt of the plan,the utility may request a decision
by the Select Board, mayor or chief administrative officer of the municipality.
(e) Notwithstanding approval of a vegetation management plan or hazard tree removal plan, a utility shall
notify a tree warden, in writing, not less than 14 days prior to beginning maintenance work or tree removal
work in a municipality.If a local ordinance or regulation requires more than 14 days notice,the utility shall
comply with such ordinance or regulation. The notice provided shall include the date on which the utility
will begin work and the phone number of the person or persons supervising the work in the field.
(f) The utility shall provide to the state forester, or such other person or agency as designated by the
secretary of energy and environmental affairs, a copy of any annual vegetation management plan or hazard
tree removal plan and a copy of the approval or denial letter from the applicable tree warden. The state
forester, or such other person or agency as designated by the secretary of energy and environmental affairs,
shall provide the utility an acknowledgment of receipt of such plans and determinations in any manner
approved by said secretary.
(g) The utility shall annually submit to the state forester's office a set of utility tree maintenance standards
and specifications and evidence that these standards have been adopted by the utility company. These
standards and specifications shall conform with: American National Standard Institute A-300; American
National Standard Institute Z-133; and National Electric Safety Code 218 Tree Trimming and OSHA 29
CFR Part 1910 Line Clearance Tree Trimming Operations. The state forester, or such other person or
agency as designated by the secretary of energy and environmental affairs, shall make these standards and
specifications available to the public on their websites or other accessible locations and shall accept and
maintain a publicly accessible record of comments received relative to the standards and specifications and
shall transmit the comments to the utilities.
https://ma]egisiature.gov/Laws/Genera]Laws/Parti/TitieXIV/Chapter87 online: cited [18 June 2018]
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APPENDIX III
MASSACHUSETTS GENERAL LAWS
PART I.
ADMINISTRATION OF GOVERNMENT
TITLE XIV.
PUBLIC WAYS AND WORKS
CHAPTER 40 SECTION 15C. SCENIC ROADS
httns://malegisiature.gov/Laws/GeneralLaws/Partl/TitieVIT/Chanter40/Sectionl 5C
Chapter 40: Section 15C. Scenic road designations; improvements; fines
Section 15C. Upon recommendation or request of the planning board, conservation commission or
historical commission of any city or town, such city or town may designate any road in said city or town,
other than a numbered route or state highway as a scenic road; provided, however, that a numbered route
may be designated by a city or town as a scenic road if its entire length is contained within the boundaries
of said city or town, and no part of said route is owned or maintained by the commonwealth.
After a road has been designated as a scenic road any repair, maintenance,reconstruction, or paving work
done with respect thereto shall not involve or include the cutting or removal of trees, or the tearing down
or destruction of stone walls, or portions thereof, except with the prior written consent of the planning
board,or if there is no planning board,the Select Board of a town,or the city council of a city,after a public
hearing duly advertised twice in a newspaper of general circulation in the area, as to time, date,place and
purpose, the last publication to occur at least seven days prior to such hearing; provided, however, that
when a public hearing must be held under the provisions of this section and under section three of chapter
eighty-seven prior to the cutting or removal of a tree, such hearings shall be consolidated into a single
public hearing before the tree warden and the planning board, or if there is no planning board, the Select
Board of a town, or the city council of a city, and notice of such consolidated public hearing shall be given
by the tree warden or his deputy as provided in said section three of chapter eighty-seven. Any city or town
making said scenic road designation may make an ordinance or by-law establishing that a violation of this
paragraph shall be punished by a fine not to exceed three hundred dollars.
Designation of a road as a scenic road shall not affect the eligibility of a city or town to receive construction
or reconstruction aid for such road pursuant to the provisions of chapter ninety.
* As of the publication of the 2018 Tree Management Manual there are no scenic roads in Lexington,
MA.
https://malegislature.gov/Laws/GencralLaws/Parti/TitieVII/Chapter40/Sectionl 5C
[online: cited [18 June 2018]
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APPENDIX IV
MASSACHUSETTS GENERAL LAWS
PART I.
ADMINISTRATION OF GOVERNMENT
TITLE XIX
AGRICULTURE AND CONSERVATION
CHAPTER 132. FORESTRY
https://malegisiature.gov/Laws/GeneralLaws/Partl/TitieXIX/Chapter132/Section8
Chapter 132: Section 8. Entry upon land to control and suppress public nuisances
Section 8. The chief superintendent, district supervisors, district superintendents and other employees and
authorized agents of the bureau of shade tree management and pest control may enter upon any land within
the commonwealth, and any local superintendent appointed under section thirteen and his employees and
authorized agents may enter upon any land within his city or town, in accordance with the provisions of
this chapter,for the purpose of determining the existence,over-all area and degree of infestation or infection
caused by the public nuisances named in section eleven, suppressing and controlling said public nuisances
and affixing signs to and removing, or causing to be removed,trees and wood infected with the Dutch elm
disease or used as a breeding place of the beetles which spread said disease.
htWs://malegislature.gov/Laws/GeneralLaws/Parti/Tit]eXIX/Chapter132/Section8
[online: cited [5 December 2016]
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APPENDIX V
MASSACHUSETTS GENERAL LAWS
PART I.
ADMINISTRATION OF GOVERNMENT
TITLE XIX
AGRICULTURE AND CONSERVATION
CHAPTER 132. FORESTRY
https://m alegislature.gov/Laws/Genera]Laws/Partl/TitleXIX/Chapter132/Section]]
Chapter 132: Section 11. Suppression of Moths, Caterpillars, Worms and Beetles and any Invasive
Plant or Animal Species; Rules and Regulations; Contracts; Studies for Control of Public Nuisances;
Annual Recommendations
Section 11. The chief superintendent may, subject to the approval of the commissioner, make rules and
regulations governing all operations by cities and towns or persons for the purpose of suppressing gypsy
and brown tail moths, tent caterpillars, cankerworms, oriental hag moths, fall webworm, Japanese beetle,
saddled prominent,pine looper, and elm leaf beetles, which destroy forest and shade tree foliage, diseases
and leaf eating and sucking insects which damage forests and shade trees, the Dutch elm disease and the
beetles which spread said disease,woodticks,and poison ivy growing within one hundred feet of any public
way, and any invasive plant or animal species, diseases and insects which damage the health, safety or
quality of forest, shade or other trees including,but not limited to, the Asian longhorned beetle or oak wilt,
all of which are hereby declared to be public nuisances for the purposes of this chapter.
He may make contracts on behalf of the commonwealth; shall study and promote improved methods of
suppressing such public nuisances; may act in co-operation with any person, any subdivision of the
commonwealth, any other state, the United States, or any foreign government, and without limiting the
generality of the foregoing, shall act in co-operation with federal and state agencies engaged in the study
or control of said public nuisances; may conduct investigations and gather and distribute information
concerning such public nuisances; may advise, make use of and require the use of all lawful means of
suppressing such public nuisances; may lease real estate when he deems it necessary;and with the approval
of the authority in charge, may use any real or personal property of the commonwealth. He shall prepare
for students or for the public such lectures,exhibits or information relative to such public nuisances as may
be required; shall personally and by employees of the bureau of shade tree management and pest control
supervise operations undertaken by cities and towns to suppress such nuisances, and the expenditure of
funds therefor; and for such purposes may employ such assistants and agents, including expert advisers, as
he deems necessary. For the purposes of this section he may expend such sums as may be appropriated or
donated therefor but no expenditure shall be made or liability incurred in excess of such appropriations
and donations. He shall annually recommend to the commissioner the financial liability, as described in
section fourteen, of each city and town,to be appropriated by said city or town to be expended by the local
superintendent for such suppression work within said city or town. No owner or occupant of an estate
infested or infected by any of the aforesaid public nuisances shall by reason thereof be civilly or criminally
liable except to the extent and in the manner and form set forth in this chapter.
https://male)zislature.�zov/Laws/Genera]Laws/Parti/Tit]eXIX/Chapterl32/Section]1
[online: cited 6 December 2016]
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APPENDIX VI
MASSACHUSETTS GENERAL LAWS
PART I.
ADMINISTRATION OF GOVERNMENT
TITLE XIX
AGRICULTURE AND CONSERVATION
CHAPTER 132. FORESTRY
https://malegisIature.gov/Laws/Genera]Laws/Partl/Tit]eXIX/ChapterI 32/Section 12
Chapter 132: Section 12. Interference with suppression or eradication of Asian longhorned beetle,
oak wilt or any public nuisance; penalties; injunctive relief
Whoever knowingly resists or obstructs the commissioner, any local superintendent or employee or
authorized agent of any of them, while any of those persons is engaged in suppressing or eradicating the
Asian longhorned beetle, oak wilt or any public nuisance described in section 11, or whoever knowingly
violates any rule, regulation, order or quarantine issued by the commissioner, in writing, relative to the
suppression or eradication of public nuisances shall be subject to a civil penalty of not more than $25,000
for each violation. Each day that such violation occurs or continues shall be deemed a separate violation.
The penalty may be assessed by the department, and may be recovered in an action brought on behalf of
the commonwealth in the superior court. The commonwealth also may bring an action for injunctive relief
in the superior court for any such violation, and the superior court shall have jurisdiction to enjoin such
violation and to grant such further relief as it may deem appropriate.
https://malegislature.gov/Laws/GeneralLaws/Parti/TitleXIX/Chapterl 32/Section 12
[online: cited 6 December 2016]
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APPENDIX VII
MASSACHUSETTS GENERAL LAWS
PART I.
ADMINISTRATION OF GOVERNMENT
TITLE XIX
AGRICULTURE AND CONSERVATION
CHAPTER 132A. STATE RECREATION AREAS OUTSIDE OF THE METROPOLITAN
PARKS DISTRICT
https://malegisIature.gov/Laws/GeneralLaws/Partl/Tit]eXIX/Chapter132A/Sectionl F
Chapter 132A: Section 1F. Duties of bureau of forestry
The bureau of forestry shall, under the supervision of the director, with the approval of the commissioner
perform such duties as respects forest management practices, reforestation, development of forest or
wooded areas under the control of the department, making them in perpetuity income producing and
improving such wooded areas.It shall be responsible for such other duties as are now vested in the division
of forestry by the general laws or any special laws and shall be responsible for shade tree management,
arboricultural service and insect suppression of public nuisances as defined in section eleven of chapter one
hundred and thirty-two, subject to the approval of the director and, notwithstanding the provisions of any
general or special law to the contrary,the bureau may require all tree spraying or other treatment performed
by other departments, agencies or political subdivisions to be carried out under its direction. The bureau
may promulgate rules and regulations to carry out its duties and powers.It shall assume the responsibilities
of section one A of chapter one hundred and thirty-two and shall be responsible for such other duties as are
not otherwise vested in the division of forestry; provided, however, that all personnel of the forest, fire,
shade tree and pest control units in their respective collective bargaining units at the time of this
consolidation to the bureau of forestry shall remain in their respective collective bargaining units
https://maleyislature.�4ov/Laws/GeneralLaws/Partl/Tit]eXIX/Chapterl 32A/Sectionl F
[online: cited 6 December 2016]
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APPENDIX VIII
EMERALD ASH BORER FEDERAL REGULATIONS AND QUARANTINE NOTICES
https://www.law.cornell.edu/cfr/text/7/part-301/
Electronic Code of Federal Regulations
e-CFR data is current as of June 14, 2018
Title 7 � Subtitle B ---> Chapter HI---> Part 301 -- Subpart
Title 7:Agriculture
PART 301—DOMESTIC QUARANTINE NOTICES
Subpart—Emerald Ash Borer
Contents
§301.53-1 Definitions.
§301.53-2 Regulated articles.
§301.53-3 Quarantined areas.
§301.53-4 Conditions governing the interstate movement of regulated articles from quarantined areas.
§301.53-5 Issuance and cancellation of certificates and limited permits.
§301.53-6 Compliance agreements and cancellation.
§301.53-7 Assembly and inspection of regulated articles.
§301.53-8 Attachment and disposition of certificates and limited permits.
§301.53-9 Costs and charges.
SOURCE: 68 FR 59088, Oct. 8, 2003,unless otherwise noted.
§301.53-1 Definitions.
Administrator. The Administrator, Animal and Plant Health Inspection Service, or any individual
authorized to act for the Administrator.
Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health Inspection
Service of the United States Department of Agriculture.
Certificate. A document that is issued for a regulated article by an inspector or by a person operating
under a compliance agreement and that represents that such article is eligible for interstate movement in
accordance with §301.53-5(a).
Compliance agreement. A written agreement between APHIS and a person engaged in growing,
handling,or moving regulated articles that are moved interstate,in which the person agrees to comply with
the provisions of this subpart and any conditions imposed under this subpart.
Emerald ash borer. The insect known as emerald ash borer (Agrilus planipennis [Coleoptera:
Buprestidae]) in any stage of development.
Infestation. The presence of the emerald ash borer or the existence of circumstances that make it
reasonable to believe that the ash borer is present.
Inspector. Any employee of the Animal and Plant Health Inspection Service, or other individual
authorized by the Administrator to enforce the provisions of this subpart.
Interstate. From any State into or through any other State.
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Limited permit. A document in which an inspector or a person operating under a compliance
agreement affirms that the regulated article not eligible for a certificate is eligible for interstate movement
only to a specified destination and in accordance with conditions specified on the permit.
Moved (movement, move). Shipped, offered for shipment, received for transportation, transported,
carried, or allowed to be moved, shipped, transported, or carried.
person. Any association, company, corporation, firm, individual,joint stock company, partnership,
society, or any other legal entity.
Quarantined area. Any State, or any portion of a State, listed in §301.53-3(c)or otherwise designated
as a quarantined area in accordance with §301.53-3(b).
Regulated article. Any article listed in §301.53-2(a) or otherwise designated as a regulated article in
accordance with §301.53-2(b).
State. The District of Columbia,Puerto Rico, the Northern Mariana Islands, or any State, territory, or
possession of the United States.
§301.53-2 Regulated articles.
The following are regulated articles:
(a) The emerald ash borer; firewood of all hardwood (non-coniferous) species; nursery stock, green
lumber, and other material living, dead, cut, or fallen, including logs, stumps, roots, branches, and
composted and uncomposted chips of the genus Fraxinus.
(b) Any other article,product, or means of conveyance not listed in paragraph (a) of this section may
be designated as a regulated article if an inspector determines that it presents a risk of spreading emerald
ash borer and notifies the person in possession of the article, product, or means of conveyance that it is
subject to the restrictions of the regulations.
[68 FR 59088, Oct. 8, 2003, as amended at 70 FR 252, Jan. 4, 2005]
§301.53-3 Quarantined areas.
(a) Except as otherwise provided in paragraph (b) of this section, the Administrator will list as a
quarantined area in paragraph (c) of this section each State or each portion of a State in which theemerald
ash borer has been found by an inspector,in which the Administrator has reason to believe that the emerald
ash borer is present, or that the Administrator considers necessary to regulate because of its inseparability
for quarantine enforcement purposes from localities where emerald ash borer has been found. Less than an
entire State will be designated as a quarantined area only if the Administrator determines that:
(l) The State has adopted and is enforcing restrictions on the intrastate movement of regulated articles
that are equivalent to those imposed by this subpart on the interstate movement of regulated articles; and
(2) The designation of less than an entire State as a quarantined area will be adequate to prevent the
artificial interstate spread of the emerald ash borer.
(b) The Administrator or an inspector may temporarily designate any nonquarantined area as a
quarantined area in accordance with the criteria specified in paragraph(a)of this section.The Administrator
will give written notice of this designation to the owner or person in possession of the nonquarantined area,
or,in the case of publicly owned land,to the person responsible for the management of the nonquarantined
area. Thereafter, the interstate movement of any regulated article from an area temporarily designated as a
quarantined area is subject to this subpart. As soon as practicable, this area either will be added to the list
of designated quarantined areas in paragraph (c) of this section, or the Administrator will terminate the
designation. The owner or person in possession of, or, in the case of publicly owned land, the person
responsible for the management of, an area for which the designation is terminated will be given written
notice of the termination as soon as practicable.
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(c) The following areas are designated as quarantined areas:
Massachusetts
The entire State.
Editors Note:
For purposes of relevance, all quarantine areas outside Massachusetts were omitted from the
fourth print edition of the Tree Management Manual but included in the online edition.
§301.53-4 Conditions governing the interstate movement of regulated articles from quarantined
areas.
Regulated articles may be moved interstate from a quarantined area only if moved under the following
conditions:
(a) With a certificate or limited permit issued and attached in accordance with §§301.53-5 and
301.53-8;
(b) Without a certificate or limited permit if-
(]) The regulated article is moved by the United States Department of Agriculture for experimental
or scientific purposes; or
(2) The regulated article originates outside the quarantined area and is moved interstate through the
quarantined area under the following conditions:
(i) The points of origin and destination are indicated on a waybill accompanying the regulated article;
and
(ii) The regulated article, if moved through the quarantined area during the period of May 1 through
August 31 or when the ambient air temperature is 40 °F or higher, is moved in an enclosed vehicle or is
completely covered to prevent access by the EAB; and
(iii) The regulated article is moved directly through the quarantined area without stopping(except for
refueling or for traffic conditions,such as traffic lights or stop signs),or has been stored,packed,or handled
at locations approved by an inspector as not posing a risk of infestation by emerald ash borer; and
(iv) The article has not been combined or commingled with other articles so as to lose its individual
identity.
§301.53-5 Issuance and cancellation of certificates and limited permits.
(a) An inspector' or person operating under a compliance agreement will issue a certificate for the
interstate movement of a regulated article if he or she determines that the regulated article:
'Inspectors are assigned to local offices of APHIS,which are listed in the local telephone
directories. Information concerning such local offices may also be obtained from the Animal and Plant
Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency Operations, 4700
River Road Unit 134, Riverdale, Maryland 20737-1236.
(1)(i) Is apparently free of EAB,based on inspection; or the article or
(ii)Has been grown,produced, manufactured, stored, or handled in a manner that, in the judgment of
the inspector,prevents the regulated article from presenting a risk of spreading EAB; and
(2) Is to be moved in compliance with any additional emergency conditions that the Administrator
may impose under section 414 of the Plant Protection Act(7 U.S.C. 7714)in order to prevent the artificial
spread of emerald ash borer; and
2 A inspector may hold, seize, quarantine, treat, apply other remedial measures to, destroy, or
otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421, and 423 of
the Plant Protection Act(7 U.S.C. 7714, 7731, and 7754).
(3) Is eligible for unrestricted movement under all other Federal domestic plant quarantines and
regulations applicable to the regulated articles.
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(b) An inspector or a person operating under a compliance agreement will issue a limited permit for
the interstate movement of a regulated article not eligible for a certificate if he or she determines that the
regulated article:
(1) Is to be moved interstate to a specified destination for specific processing,handling,or utilization
(the destination and other conditions to be listed on the limited permit), and this interstate movement will
not result in the spread of emerald ash borer because emerald ash borer will be destroyed by the specific
processing, handling, or utilization; and
(2) Is to be moved in compliance with any additional emergency conditions that the Administrator
may impose under section 414 of the Plant Protection Act(7 U.S.C. 7714)in order to prevent the spread of
emerald ash borer; and
(3) Is eligible for unrestricted movement under all other Federal domestic plant quarantines and
regulations applicable to the regulated article.
(c) An inspector shall issue blank certificates and limited permits to a person operating under a
compliance agreement in accordance with §301.53-6 or authorize reproduction of the certificates or limited
permits on shipping containers, or both, as requested by the person operating under the compliance
agreement. These certificates and limited permits may then be completed and used, as needed, for the
interstate movement of regulated articles that have met all of the requirements of paragraph (a) or (b),
respectively, of this section.
(d) Any certificate or limited permit may be canceled orally or in writing by an inspector whenever
the inspector determines that the holder of the certificate or limited permit has not complied with this
subpart or any conditions imposed under this subpart. If the cancellation is oral, the cancellation will
become effective immediately, and the cancellation and the reasons for the cancellation will be confirmed
in writing as soon as circumstances permit. Any person whose certificate or limited permit has been
canceled may appeal the decision in writing to the Administrator within 10 days after receiving the written
cancellation notice. The appeal must state all of the facts and reasons that the person wants the
Administrator to consider in deciding the appeal. A hearing may be held to resolve a conflict as to any
material fact.Rules of practice for the hearing will be adopted by the Administrator. As soon as practicable,
the Administrator will grant or deny the appeal, in writing, stating the reasons for the decision.
(Approved by the Office of Management and Budget under control number 0579-0233)
§301.53-6 Compliance agreements and cancellation.
(a) Persons engaged in growing, handling, or moving regulated articles interstate may enter into a
compliance agreement' if such persons review with an inspector each provision of the compliance
agreement. Any person who enters into a compliance agreement with APHTS must agree to comply with
the provisions of this subpart and any conditions imposed under this subpart.
3Compliance agreements may be initiated by contacting a local office of APHIS. The addresses and
telephone numbers of local offices are listed in local telephone directories and may also be obtained from
the Animal and Plant Health Inspection Service,Plant Protection and Quarantine,Domestic and Emergency
Operations,4700 River Road Unit 134, Riverdale, MD 20737-1236.
(b) Any compliance agreement may be canceled orally or in writing by an inspector whenever the
inspector determines that the person who has entered into the compliance agreement has not complied with
this subpart or any conditions imposed under this subpart. If the cancellation is oral, the cancellation will
become effective immediately, and the cancellation and the reasons for the cancellation will be confirmed
in writing as soon as circumstances permit. Any person whose compliance agreement has been canceled
may appeal the decision in writing to the Administrator within 10 days after receiving the written
cancellation notice. The appeal must state all of the facts and reasons that the person wants the
pAdministrator to consider in deciding the appeal. A hearing may be held to resolve a conflict as to any
material fact. Rules of practice for the hearing will be adopted by the Administrator. As soon as
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practicable, the Administrator will grant or deny the appeal, in writing, stating the reasons for the
decision.
(Approved by the Office of Management and Budget under control number 0579-0233)
§301.53-7 Assembly and inspection of regulated articles.
(a) Persons requiring certification or other services must request the services from an inspector at
least 48 hours before the services are needed.
`'See footnote 1 to §301.53-5.
(b) The regulated articles must be assembled at the place and in the manner that the inspector
designates as necessary to comply with this subpart.
(Approved by the Office of Management and Budget under control number 0579-0233)
§301.53-8 Attachment and disposition of certificates and limited permits.
(a) A regulated article must be plainly marked with the name and address of the consignor and the
name and address of the consignee and must have the certificate or limited permit issued for the interstate
movement of a regulated article securely attached at all times during interstate movement to:
(1) The regulated article;
(2) The container carrying the regulated article; or
(3) The consignee's copy of the accompanying waybill:Provided, that the description of the regulated
article on the certificate or limited permit,and on the waybill,are sufficient to identify the regulated article;
and
(b) The carrier must furnish the certificate or limited permit authorizing interstate movement of a
regulated article to the consignee at the destination of the shipment.
(Approved by the Office of Management and Budget under control number 0579-0233)
§301.53-9 Costs and charges.
The services of the inspector during normal business hours will be furnished without cost to persons
requiring the services. The user will be responsible for all costs and charges arising from inspection and
other services provided outside of normal business howl.
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APPENDIX IX
ASIAN LONGHORN BEETLE FEDERAL REGULATIONS AND QUARANTINE NOTICES
https://www.law.comell.edu/cfr/text/7/chapter-III
Electronic Code of Federal Regulations ALB e-CFR
data is current as of June 14, 2018
Title 7 --> Subtitle B --> Chapter III --> Part 301 —> Subpart
Title 7: Agriculture
PART 301—DOMESTIC QUARANTINE NOTICES
Subpart—Asian Longhorned Beetle
Contents
§301.51-1 Definitions.
§301.51-2 Regulated articles.
§301.51-3 Quarantined areas.
§301.51-4 Conditions governing the interstate movement of regulated articles from quarantined
areas.
§301.51-5 Issuance and cancellation of certificates and limited permits.
§301.51-6 Compliance agreements and cancellation.
§301.51-7 Assembly and inspection of regulated articles.
§301.51-8 Attachment and disposition of certificates and limited permits.
§301.51-9 Costs and charges.
SOURCE: 62 FR 10416, Mar. 7, 1997, unless otherwise noted.
§301.51-1 Definitions.
Administrator. The Administrator, Animal and Plant Health Inspection Service, or any
individual authorized to act for the Administrator.
Animal and Plant Health Inspection Service (APHIS). The Animal and Plant Health
Inspection Service of the United States Department of Agriculture.
Asian longhorned beetle. The insect known as Asian longhorned beetle (Anoplophora
glabripennis) in any stage of development.
Certificate. A document which is issued for a regulated article by an inspector or by a person
operating under a compliance agreement, and which represents that such article is eligible for
interstate movement in accordance with §301.51-5(a).
Compliance agreement. A written agreement between APHIS and a person engaged in
growing, handling, or moving regulated articles that are moved interstate, in which the person
agrees to comply with the provisions of this subpart and any conditions imposed under this subpart.
Infestation. The presence of the Asian longhorned beetle in any life stage.
Inspector. Any employee of the Animal and Plant Health Inspection Service, or other
individual authorized by the Administrator to enforce the provisions of this subpart.
Interstate. From any State into or through any other State.
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Limited permit. A document in which an inspector affirms that the regulated article not
eligible for a certificate is eligible for interstate movement only to a specified destination and in
accordance with conditions specified on the permit.
Moved (movement, move). Shipped, offered for shipment, received for transportation,
transported, carried, or allowed to be moved, shipped, transported, or carried.
Person. Any association, company, corporation, firm, individual, joint stock company,
partnership, society, or any other legal entity.
Quarantined area. Any State, or any portion of a State, listed in §301.51-3(c) of this subpart
or otherwise designated as a quarantined area in accordance with §301.51-3(b) of this subpart.
Regulated article. Any article listed in §301.51-2(a) of this subpart or otherwise designated
as a regulated article in accordance with §301.51-2(b) of this subpart.
State. The District of Columbia, Puerto Rico, the Northern Mariana Islands, or any State,
territory, or possession of the United States.
§301.51-2 Regulated articles.
The following are regulated articles:
(a) Firewood (all hardwood species), and green lumber and other material living, dead, cut,
or fallen, inclusive of nursery stock, logs, stumps, roots, branches, and debris of half an inch or
more in diameter of the following genera: Acer(maple),Aesculus (horse chestnut),
Albizia (mimosa), Betula (birch), Cercidiphyllum (katsura), Fraxinus (ash), Koelreuter ia(golden
rain tree), Platanus (sycamore), Populus (poplar), Salix (willow), Sorbus (mountain ash), and
Ulmus (elm).
(b) Any other article, product, or means of conveyance not covered by paragraph (a) of this
section if an inspector determines that it presents a risk of spreading Asian longhorned beetle and
notifies the person in possession of the article, product, or means of conveyance that it is subject
to the restrictions of this subpart.
[62 FR 10416, Mar. 7, 1997, as amended at 62 FR 60764, Nov. 13, 1997; 68 FR 26985, May 19,
2003; 75 FR 34322, June 17, 2010; 76 FR 52542, Aug. 23, 2011; 81 FR 39176, June 16, 2016]
§301.51-3 Quarantined areas.
(a) Except as otherwise provided in paragraph (b) of this section, the Administrator will list
as a quarantined area in paragraph (c) of this section, each State or each portion of a State in which
the Asian longhorned beetle has been found by an inspector, in which the Administrator has reason
to believe that the Asian longhorned beetle is present,or that the Administrator considers necessary
to regulate because of its inseparability for quarantine enforcement purposes from localities where
Asian longhorned beetle has been found. Less than an entire State will be designated as a
quarantined area only if the Administrator determines that:
(1) The State has adopted and is enforcing restrictions on the intrastate movement of
regulated articles that are equivalent to those imposed by this subpart on the interstate movement
of regulated articles; and
(2) The designation of less than an entire State as a quarantined area will be adequate to
prevent the artificial interstate spread of the Asian longhorned beetle.
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(b) The Administrator or an inspector may temporarily designate any nonquarantined area as
a quarantined area in accordance with the criteria specified in paragraph (a) of this section. The
Administrator will give written notice of this designation to the owner or person in possession of
the nonquarantined area, or, in the case of publicly owned land, to the person responsible for the
management of the nonquarantined area. Thereafter, the interstate movement of any regulated
article from an area temporarily designated as a quarantined area is subject to this subpart. As soon
as practicable,this area either will be added to the list of designated quarantined areas in paragraph
(c) of this section, or the Administrator will terminate the designation. The owner or person in
possession of, or, in the case of publicly owned land, the person responsible for the management
of, an area for which the designation is terminated will be given written notice of the termination
as soon as practicable.
Editors Note:
For purposes of relevance, all quarantine areas outside Massachusetts were omitted from the
fourth print edition of the Tree Management Manual but included in the online edition.
(c) The following areas are designated as quarantined areas:
MASSACHUSETTS
Worcester County. The portion of Worcester County, including portions or all of the
municipalities of Worcester, Holden, West Boylston, Boylston, Auburn, and Shrewsbury that is
bounded by a line starting at the intersection of Route 9 (Belmont Street) and the eastern boundary
of the town of Shrewsbury;then follow the Shrewsbury town boundary northerly until the Boylston
town boundary; then follow the entirety of the Boylston town boundary until it comes to the West
Boylston town boundary on the Massachusetts Department of Conservation and Recreation
Watershed property; then along the West Boylston town boundary until it intersects Manning
Street; then southwest on Manning Street in Holden to Wachusett Street(Route 31); then south on
Wachusett Street to Highland Street (still Route 31); then southwest on Highland Street to Main
Street; then southeast on Main Street to Bailey Road; then south on Bailey Road to Chapin Road;
then south on Chapin Road to its end; then continuing in a southeasterly direction to Fisher Road;
then southwest on Fisher Road to Stonehouse Hill Road; then south on Stonehouse Hill Road to
Reservoir Street;then southeast on Reservoir Street until it intersects the Worcester city boundary;
turn south on Oxford Street to Auburn Street; then southeast on Auburn Street crossing under the
Massachusetts Turnpike (I-90) and continuing southeast on Millbury Street; at the intersection of
Washington Street, turn northeast and continue along Washington Street to the northern boundary
of the Massachusetts Turnpike (I- 90); then east along the northern boundary of the Massachusetts
Turnpike (1-90) to the Auburn town boundary; then follow the Auburn town boundary northerly
to the Worcester city boundary; continue along the Worcester city boundary until the Shrewsbury
town boundary; then follow the entirety of the Shrewsbury town boundary until the point of
beginning.
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting §301.51-3, see the List of CFR
Sections Affected, which appears in the Finding Aids section of the printed volume and at
www.fdsys.gov.
§301.51-4 Conditions governing the interstate movement of regulated articles from
quarantined areas.
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(a) Any regulated article may be moved interstate from a quarantined area only if moved
under the following conditions:
(1) With a certificate or limited permit issued and attached in accordance with §§301.51-5
and 301.51-8;
(2) Without a certificate or limited permit if:
(i) The regulated article is moved by the United States Department of Agriculture for
experimental or scientific purposes; or
(ii) The regulated article originates outside the quarantined area and is moved interstate
through the quarantined area under the following conditions:
(A) The points of origin and destination are indicated on a waybill accompanying the
regulated article; and
(B) The regulated article is moved through the quarantined area without stopping, or has been
stored,packed, or handled at locations approved by an inspector as not posing a risk of infestation
by Asian longhorned beetle; and
(C) The article has not been combined or commingled with other articles so as to lose its
individual identity.
(b) When an inspector has probable cause to believe a person or means of conveyance is
moving a regulated article interstate, the inspector is authorized to stop the person or means of
conveyance to determine whether a regulated article is present and to inspect the regulated article.
Articles found to be infected by an inspector, and articles not in compliance with the regulations
in this subpart, may be seized, quarantined, treated, subjected to other remedial measures,
destroyed, or otherwise disposed of.
§301.51-5 Issuance and cancellation of certificates and limited permits.
(a) An inspector' or person operating under a compliance agreement will issue a certificate
for the interstate movement of a regulated article if he or she determines that the regulated article:
'Inspectors are assigned to local offices of APHIS, which are listed in local telephone
directories. Information concerning such local offices may also be obtained from the Animal and
Plant Health Inspection Service, Plant Protection and Quarantine, Domestic and Emergency
Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.
(1)(i) Is apparently free of Asian longhorned beetle in any stage of development,based on
inspection of the regulated article; or
(ii)Has been grown,produced,manufactured, stored, or handled in such a manner that, in the
judgment of the inspector, the regulated article does not present a risk of spreading Asian
longhorned beetle; and
(2) Is to be moved in compliance with any additional conditions deemed necessary under
section 414 of the Plant Protection Act(7 U.S.C.7714)'to prevent the artificial spread of the Asian
longhorned beetle; and
2 A inspector may hold, seize, quarantine, treat, apply other remedial measures to, destory,
or otherwise dispose of plants, plant pests, or other articles in accordance with sections 414, 421,
and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
(3) Is eligible for unrestricted movement under all other Federal domestic plant quarantines
and regulations applicable to the regulated articles.
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(b) An inspector or a person operating under a compliance agreement will issue a limited
permit for the interstate movement of a regulated article not eligible for a certificate if he or she
determines that the regulated article:
(1) Is to be moved interstate to a specified destination for specific processing, handling, or
utilization (the destination and other conditions to be listed on the limited permit), and this
interstate movement will not result in the spread of Asian longhorned beetle because Asian
longhorned beetle will be destroyed by the specific processing, handling, or utilization;and
(2) It is to be moved in compliance with any additional conditions that the Administrator may
impose under section 414 of the Plant Protection Act(7 U.S.C. 7714)in order to prevent the spread
of the Asian longhorned beetle; and
(3) Is eligible for unrestricted movement under all other Federal domestic plant quarantines
and regulations applicable to the regulated article.
(c) An inspector shall issue blank certificates and limited permits to a person operating under
a compliance agreement in accordance with §301.51-6 or authorize reproduction of the certificates
or limited permits on shipping containers, or both, as requested by the person operating under the
compliance agreement. These certificates and limited permits may then be completed and used, as
needed, for the interstate movement of regulated articles that have met all of the requirements of
paragraph (a) or(b), respectively, of this section.
(d) Any certificate or limited permit may be canceled orally or in writing by an inspector
whenever the inspector determines that the holder of the certificate or limited permit has not
complied with this subpart or any conditions imposed under this subpart.If the cancellation is oral,
the cancellation will become effective immediately, and the cancellation and the reasons for the
cancellation will be confirmed in writing as soon as circumstances permit. Any person whose
certificate or limited permit has been cancelled may appeal the decision in writing to the
Administrator within 10 days after receiving the written cancellation notice. The appeal must state
all of the facts and reasons that the person wants the Administrator to consider in deciding the
appeal. A hearing may be held to resolve a conflict as to any material fact. Rules of practice for
the hearing will be adopted by the Administrator. As soon as practicable, the Administrator will
grant or deny the appeal, in writing, stating the reasons for the decision.
[62 FR 10416, Mar. 7, 1997, as amended at 66 FR 21051, Apr. 27, 2001]
§301.51-6 Compliance agreements and cancellation.
(a) Persons engaged in growing, handling, or moving regulated articles interstate may enter
into a compliance agreement' if such persons review with an inspector each stipulation of the
compliance agreement. Any person who enters into a compliance agreement with APHIS must
agree to comply with the provisions of this subpart and any conditions imposed under this subpart.
3Compliance agreements may be initiated by contacting a local office of APHIS. The
addresses and telephone numbers of local offices are listed in local telephone directories and may
also be obtained from the Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale,
Maryland 20737-1236.
(b) Any compliance agreement may be canceled orally or in writing by an inspector
whenever the inspector determines that the person who has entered into the compliance agreement
has not complied with this subpart or any conditions imposed under this subpart.If the cancellation
is oral, the cancellation will become effective immediately, and the cancellation
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and the reasons for the cancellation will be confirmed in writing as soon as circumstances permit.
Any person whose compliance agreement has been cancelled may appeal the decision in writing
to the Administrator within 10 days after receiving the written cancellation notice. The appeal must
state all of the facts and reasons that the person wants the Administrator to consider in deciding
the appeal. A hearing may be held to resolve a conflict as to any material fact. Rules of practice
for the hearing will be adopted by the Administrator. As soon as practicable, the Administrator
will grant or deny the appeal, in writing, stating the reasons for the decision.
§301.51-7 Assembly and inspection of regulated articles.
(a) Persons requiring certification or other services must request the services from an
inspector' at least 48 hours before the services are needed.
'See footnote 1 to §301.51-5.
(b) The regulated articles must be assembled at the place and in the manner that the inspector
designates as necessary to comply with this subpart.
§301.51-8 Attachment and disposition of certificates and limited permits.
(a) A regulated article must be plainly marked with the name and address of the consignor
and the name and address of the consignee and must have the certificate or limited permit issued
for the interstate movement of a regulated article securely attached at all times during interstate
movement to:
(1) The outside of the container encasing the regulated article;
(2) The article itself, if it is not in a container; or
(3) The consignee's copy of the accompanying waybill; Provided, that the description of the
regulated article on the certificate or limited permit, and on the waybill, are sufficient to identify
the regulated article; and
(b) The carrier must furnish the certificate or limited permit authorizing interstate movement
of a regulated article to the consignee at the destination of the shipment.
§301.51-9 Costs and charges.
The services of the inspector during normal business hours will be furnished without cost to
persons requiring the services. The user will be responsible for all costs and charges arising from
inspection and other services provided outside of normal business hours.
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APPENDIX X
EMERALD ASH BORER: INITIAL QUARANTINE ORDER FOR BERKSHIRE COUNTY
http://massnrc.org/pestsllinkeddocuments/EABQuarantingMarch2013,pdf[online: cited 23 July 2015]
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
DEPARTMENT OF CONSERVATION AND RECREATION
ORDER
To Suppress and Control Nuisance Conditions and Regulated Articles
The Department of Conservation and Recreation (DCR) issues this Order in accordance with sections 8,
11 and 12 of Chapter 132 and section IF of Chapter 132A of the Massachusetts General Laws.
Background on the Emerald ash borer
The Emerald ash borer (Agrilus planipennis) (EAB), a beetle native to Asia, is a destructive insect pest of
all ash tree species (Fraxinus spp.).It attacks healthy ash trees,including the native white,green and brown
ash. Additionally nursery stock, logs, green lumber,firewood, stumps,branches, and wood debris of a half
an inch or more in diameter are subject to infestation. After 450 - 1000 growing degree days (CDD), adult
EAB beetles emerge in the spring through "D" shaped exit holes,feed on ash tree foliage for a short period,
mate, and then females will widely disperse and deposit eggs along tree trunks in cracks and bark crevices.
After the eggs hatch, EAB larvae bore into the inner bark layer (cambium) of a host ash tree. Larvae go
through four developmental stages(instars),and then excavate a pupal chamber in the outer sapwood where
they overwinter as pre-pupae. EAB will then complete the growth cycle when they pupate to adults in the
early spring and again emerge between 450— 1000 (CDD). Emerald ash borer has the potential of killing
infested trees in 3-5 years. A new generation of Emerald ash borer is produced each year. Spread of this
invasive pest into the ash hardwood forests of the United States has already caused severe economic losses.
In addition,urban and forest EAB infestations will result in environmental damage, aesthetic deterioration,
and a reduction in public enjoyment of recreational spaces.
Purpose of this Order
An infestation of Emerald ash borer has been identified in the town of Dalton, Berkshire County,
Massachusetts. As documented in other states with infestations of EAB, this invasive species can cause
widespread ash tree mortality, cause great economic and environmental damage, and requires measures to
suppress, control and eradicate its spread in any area of Massachusetts.
NOW THEREFORE, THIS ORDER IS ISSUED ANI) ESTABLISHED, SUBJECT TO THE
FOLLOWING TERMS, CONDITIONS AND RESTRICTIONS:
1. Affected Area. This Order applies to all public and private land in Berkshire County.
2. Quarantine Period. This Order is effective immediately and will remain in effect until rescinded
or modified in writing by the Commissioner of DCR.
3. Regulated Articles means firewood(all hardwood species under 48" in length); green ash lumber
and other material living, dead, cut, or fallen, inclusive of nursery stock, logs, roots, branches, and debris
of half an inch or more in diameter of the following genera: Fraxinus(ash)all species;and also the Emerald
ash borer beetle, regardless of developmental stage including its larvae, pupae or eggs. Any other article,
product, or means of conveyance not covered by the preceding sentence shall be deemed a
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Regulated Article, and subject to this Order, if the Commissioner of DCR, and his duly authorized agents
or designees, acting subject to the provisions of Paragraph 8, determine that it presents a risk of spreading
Emerald ash borer and notifies the Person in possession of the article,product,or means of conveyance that
it is subject to the terms, conditions and restrictions of this Order.
4. Person means, without limitation, any agency, city or town, or political subdivision of the
Commonwealth of Massachusetts or the Federal government, any state, public or private corporation or
authority, any interstate body, foreign nation, individual, trust, firm, joint stock company, partnership,
association or other entity, and any officer, employee, or agent of such person, and any natural person or
group of persons.
5. No Person shall harvest, cut, move, carry, transport or ship (or authorize or allow any other
Person to do the same)Regulated Articles outside of the Affected Area during the Quarantine Period,
unless specifically authorized in writing by the Commissioner of the Department of Conservation
and Recreation.
6. The Commissioner of DCR, and his duly authorized agents or designees acting subject to the
provisions of Paragraph 8,by the terms of this Order is authorized to make use of and require the use of all
lawful means of suppressing and controlling Emerald ash borer (EAB) including removing or causing to
be removed, and the destruction thereof, all Regulated Articles within the Affected Area that are, may be
or have the potential to be infested or infected by EAB.
7. The Commissioner of DCR, and his duly authorized agents or designees acting subject to the
provisions of Paragraph 8, by the terms of this Order is authorized to enter upon any land, including the
Affected Area, to implement and conduct activities under this Order.
8. DCR is acting in cooperation with Massachusetts Department of Agricultural Resources MDAR)
and Federal officials, specifically the United States Department of Agriculture and its Forest Service
(USFS) and Animal and Plant Health Inspection Service (APHIS) to achieve the purposes of this Order.
DCR may authorize, under separate agreements, DCR's duly authorized agents or designees, as identified
in Paragraphs 6 and 7 above, including any municipal or Federal officials, including USFS and APHIS, to
enter upon the Affected Area and undertake activities necessary for suppressing,controlling and monitoring
the spread, including removing or causing to be removed,and the destruction thereof,all Regulated Articles
within the Affected Area that are, may be or have the potential to be infested or infected by EAB. While
DCR seeks to implement this Order to ensure eradication of EAB, DCR plans to do so in a reasonable
manner, to the extent possible, to minimize impacts to private property.
9. Any Person who knowingly resists, obstructs or violates this Order may be punished, subject to a
civil penalty to be assessed by DCR and/or other relief in accordance with Massachusetts law.
March 1, 2013
s/
Edward M. Lambert, J., Commissioner
Department of Conservation and Recreation
251 Causeway Street, Suite 600
Boston, MA 02114
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APPENDIX XI
EMERALD ASH BORER: EXTENSION QUARANTINE ORDER FOR THE ENTIRE STATE 11/26/14
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
DEPARTMENT OF CONSERVATION AND RECREATION
THIRD AMENDED ORDER
To Suppress and Control Nuisance Conditions and Regulated Articles
The Department of Conservation and Recreation (DCR) issues this Order in accordance with sections 8,
11 and 12 of Chapter 132 and section 1 F of Chapter 132A of the Massachusetts General Laws.
Background on the Emerald ash borer
The Emerald ash borer (Agrilus planipennis) (EAB), a beetle native to Asia, is a destructive insect pest of
all ash tree species (Fraxinus spp.).It attacks healthy ash trees,including the native white,green and brown
ash. Additionally nursery stock,logs, green lumber,firewood, stumps,branches, and wood debris of a half
an inch or more in diameter are subject to infestation. Between 450-1000 growing degree days, adult EAB
beetles emerge in the spring through "D" shaped exit holes,feed on ash tree foliage for a short period,mate,
and then females will widely disperse and deposit eggs along tree trunks in cracks and bark crevices. After
the eggs hatch, EAB larvae bore into the inner bark layer(cambium) of a host ash tree. Larvae go through
four developmental stages (instars), and then excavate a pupal chamber in the outer sapwood where they
overwinter as pre-pupae. EAB will then complete the growth cycle when they pupate to adults in the early
spring and again emerge between 450 -1000 GDD. Emerald ash borer has the potential of killing infested
trees in 3-5 years. A new generation of Emerald ash borer is produced each year. Spread of this invasive
pest into the ash hardwood forests of the United States has already caused severe economic losses. In
addition, urban and forest EAB infestations will result in environmental damage, aesthetic deterioration,
and a reduction in public enjoyment of recreational spaces.
Purpose of this Order
An infestation of Emerald ash borer was identified in the town of North Andover, Essex County,
Massachusetts and has now been identified in Boston, Suffolk County, Massachusetts. As documented in
other states with infestations of EAB, this invasive species can cause widespread ash tree mortality, cause
great economic and environmental damage, and requires measures to suppress, control and eradicate its
spread in any area of Massachusetts. On March 1, 2013, DCR issued an Order to suppress and control the
spread of EAB in any area of Berkshire County,Massachusetts,and on April 1,2014,DCR issued a second
amended order to suppress and control and eradicate EAB in any area of Essex County. DCR now issues
this third amended order to include all of Massachusetts to the EAB Quarantine. This third amended order
does not change or diminish any of the other terms, conditions or restrictions of any previous Order.
NOW THEREFORE, THIS ORDER IS ISSUED AND ESTABLISHED, SUBJECT TO THE
FOLLOWING TERMS, CONDITIONS AND RESTRICTIONS:
1. Affected Area. This Order applies to all public and private land in the Commonwealth of
Massachusetts.
2. Quarantine Period. This Order is effective immediately and will remain in effect until rescinded or
modified in writing by the Commissioner of DCR.
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3. Regulated Articles means firewood (all hardwood species under 48" in length); green ash lumber and
other material living, dead, cut, or fallen, inclusive of nursery stock, logs, roots, branches, and debris of
half an inch or more in diameter of the following genera: Fraxinus (ash) all species; and also the Emerald
ash borer beetle,regardless of developmental stage including its larvae,pupae or eggs.
Any other article,product, or means of conveyance not covered by the preceding sentence shall be deemed
a Regulated Article, and subject to this Order, if the Commissioner of DCR,and his duly authorized agents
or designees, acting subject to the provisions of Paragraph 8, determine that it presents a risk of spreading
Emerald ash borer and notifies the Person in possession of the article,product,or means of conveyance that
it is subject to the terms, conditions and restrictions of this Order.
4. Person means, without limitation, any agency, city or town, or political subdivision of the
Commonwealth of Massachusetts or the Federal government, any state, public or private corporation or
authority, any interstate body, foreign nation, individual, trust, firm, joint stock company, partnership,
association or other entity, and any officer, employee, or agent of such person, and any natural person or
group of persons.
5. No Person shall harvest,cut, move, carry,transport or ship (or authorize or allow any other Person to do
the same)Regulated Articles outside of the Affected Area during the Quarantine Period,unless specifically
authorized in writing by the Commissioner of the Department of Conservation and Recreation.
6. The Commissioner of DCR, and his duly authorized agents or designees acting subject to the provisions
of Paragraph 8, by the terms of this Order is authorized to make use of and require the use of all lawful
means of suppressing and controlling Emerald ash borer (EAB) including removing or causing to be
removed, and the destruction thereof, all Regulated Articles within the Affected Area that are, may be or
have the potential to be infested or infected by EAB.
7. The Commissioner of DCR, and his duly authorized agents or designees acting subject to the provisions
of Paragraph 8,by the terms of this Order is authorized to enter upon any land,including the Affected Area,
to implement and conduct activities under this Order.
8. DCR is acting in cooperation with Massachusetts Department of Agricultural Resources MDAR) and
Federal officials, specifically the United States Department of Agriculture and its Forest Service (USFS)
and Animal and Plant Health Inspection Service (APHIS) to achieve the purposes of this Order. DCR may
authorize, under separate agreements, DCR's duly authorized agents or designees, as identified in
Paragraphs 6 and 7 above, including any municipal or Federal officials, including USFS and APHIS, to
enter upon the Affected Area and undertake activities necessary for suppressing,controlling and monitoring
the spread,including removing or causing to be removed,and the destruction thereof,all Regulated Articles
within the Affected Area that are, may be or have the potential to be infested or infected by EAB. While
DCR seeks to implement this Order to ensure eradication of EAB, DCR plans to do so in a reasonable
manner,to the extent possible, to minimize impacts to private property.
9. Any Person who knowingly resists, obstructs or violates this Order may be punished, subject to a civil
penalty to be assessed by DCR and/or other relief in accordance with Massachusetts law.
Dated: November 26, 2014
Signed and Ordered By:
John P. Murray, Commissioner
Department of Conservation and Recreation
251 Causeway Street, Suit 600
Boston, MA 02114
http://massnrc.org_/pests/linkeddocum ents/EABQuarantineMarch2013.pdf[online: cited 23 July 2015]
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APPENDIX XII
ASIAN LONGHORN BEETLE: COMMONWEALTH QUARANTINE ORDERS FOR
WORCESTER COUNTY WITH MAP:
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
DEPARTMENT OF CONSERVATION AND RECREATION
ELEVENTH AMENDED ORDER
To Suppress and Control Nuisance Conditions and Regulated Articles
The Department of Conservation and Recreation (DCR) issues this Amended Order in accordance with
sections 8, 1 1 and 12 of Chapter 132 and section IF of Chapter 132A of the Massachusetts General Laws.
Background on the Asian lon2horned beetle
The Asian longhorned beetle(ALB) (Anoplophora glabripennis), an insect native to China,Japan,Korea,
and the Isle of Hainan, is a destructive pest of hardwood trees. It attacks many healthy hardwood trees,
including maple, horse chestnut, birch, poplar, willow, and elm. In addition, nursery stock, logs, green
lumber, firewood, stumps, roots, branches, and wood debris of a half an inch or more in diameter are
subject to infestation. The beetle bores into the heartwood of a host tree, eventually killing the tree.
Immature beetles bore into tree trunks and branches, causing heavy sap flow from wounds and sawdust
accumulation at tree bases. They feed on, and over-winter in, the interiors of trees. Adult beetles emerge
in the spring and summer months from round holes approximately three-eighths of an inch in diameter
(about the size of a dime) that they bore through branches and trunks of trees. Afteremerging, adult
beetles feed for 2 to 3 days and then mate. Adult females then lay eggs in oviposition sites that they make
on the branches of trees. A new generation of ALB is produced each year. If this pest moves into the
hardwood forests of the United States, the nursery, maple syrup, and forest product industries would
experience severe economic losses. In addition, urban and forest ALB infestations will result in
environmental damage, aesthetic deterioration, and a reduction in public enjoyment of recreational
spaces.
Purpose of this Order
An infestation of ALB has been identified in areas of Worcester, Holden, West Boylston, Boylston and
Shrewsbury, Worcester County, Massachusetts. An infestation of this invasive species can spread quickly,
cause great economic and environmental damage, and requires measures to address its eradication. On
August 8, 2008, DCR issued an Order to prevent the spread of ALB, suppress, control and eradicate ALB
in any area of Worcester County and Massachusetts. On August 20,2008,DCR issued an Amended Order,
amending the August 8, 2008 Order, for 2 reasons: (1) to cover new areas, in addition to the areascovered
in the Order of August 8, as specified therein; and, (2) to make clear the specific types of trees, including
firewood of any type of hardwood,that are covered by the Amended Order,rather than all types of trees, as
specified in the August 8, 2008 Order. Other than covering additional land areas and specifically stating
and limiting the types of tree species that are regulated in the affected area, the Amended Order did not
change or diminish any of the terms,conditions and restrictions of the August 8,2008 Order. On September
28, 2008, DCR issued a Second Amended Order, amending the August 20, 2008 Amended Order, solely
to cover new areas in addition to the areas covered in the Amended Order. Likewise, on November 24,
2008, DCR issued a Third Amended Order, amending the Second Amended Order, once again, solely to
cover new areas in addition to the areas covered in the Second Amended Order. On December 23, 2008,
DCR issued a Fourth Amended Order, amending the Third Amended Order for the same sole reason to
cover new areas in addition to the areas covered in the Third Amended Order. On August 3, 2009, DCR
issued a Fifth Amended Order, amending the Fourth Amended Order, for the same sole reason to cover
new areas in addition to the areas covered in the Fourth Amended Order, as specified
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herein. On August 24, 2009, DCR issued a Sixth Amended Order, amending the Fifth Amended Order,for
the sole reason of adding the genus Cercidiphyllum japonicum (Katsura) to the regulated articles stated in
section 3 below.On September 24, 2009,DCR issued a Seventh Amended Order solely to cover new areas in
addition to the areas covered by the prior Amended Order.On July 20,2010,DCR issued an Eighth Amended
Order solely to cover new areas in addition to the areas covered by the prior Amended Order. On September
21,2010, DCR issued a Ninth Amended Order solely to cover new areas in addition to the areas covered by
the prior Amended Order. On May 9,2010,DCR issued a Tenth Amended Order for the following reasons:
(1)to cover new areas in addition to the areas covered by the prior Amended Order and(2) to add the genus
Koelreuteria spp. (golden rain tree) to the regulated articles stated in section 3., below. DCR now issues this
Eleventh Amended Order amending the Tenth Amended Order solely to cover new areas in addition to the
areas covered by the prior Amended Order.This Eleventh Amended Order does not change or diminish any of
the other terms, conditions and restrictions of the Tenth Amended Order or the Commissioner's Directive,
which shall be applicable to all areas covered by this Eleventh Amended Order.
NOW THEREFORE, THIS ORDER IS ISSUED ANT) ESTABLISHED, SUBJECT TO THE
FOLLOWING TERMS, CONDITIONS AND RESTRICTIONS:
1. Affected Area. This Order applies to all public and private land shown on the attached plan.
2. Quarantine Period. This Order is effective immediately and will remain in effect until rescinded
or modified in writing by the Commissioner of DCR.
3. Regulated Articles. means firewood (all hardwood species); green lumber and other material
living, dead, cut, or fallen, inclusive of nursery stock, logs, roots, branches, and debris of half an inch or
more in diameter of the following genera: Acer (maple), Aesculus (horse chestnut), Albizia (mimosa),
Betula (birch), Celtis (hackberry), Fraxinus (ash),Plantanus (sycamore),Populus (poplar), Salix (willow),
Sorbus (mountain ash), U/mus (elm), Cercidiphyllum japonicum (Katsura), and Koelreuteria spp. (golden
rain tree); and also the Asian longhorned beetle, its larvae or eggs. Any other article, product, or means of
conveyance not covered by the preceding sentence shall be deemed a Regulated Article, and subject to this
Order, if the Commissioner of DCR, and his duly authorized agents or designees, acting subject to the
provisions of Paragraph 8, determine that it presents a risk of spreading Asian Longhorned Beetle and
notifies the Person in possession of the article, product, or means of conveyance that it is subject to the
terms, conditions and restrictions of this Order.
4. Person means any agency, city or town, or political subdivision of the Commonwealth of
Massachusetts or the Federal government, any state, public or private corporation or authority, any
interstate body,foreign nation, individual,trust,firm,joint stock company,partnership,association or other
entity, and any officer, employee, or agent of such person, and any group of persons.
5. No Person shall harvest, cut, move, carry,transport or ship (or authorize or allow any other
Person to do the same) Regulated Articles within or outside of the Affected Area during the
Quarantine Period,unless specifically authorized in writing by the Commissioner of the Department
of Conservation and Recreation.
6. The Commissioner of DCR, and his duly authorized agents or designees acting subject to the
provisions of Paragraph 8,by the terms of this Order is authorized to make use of and require the use of all
lawful means of suppressing, controlling and eradicating ALB,including affixing signs to and removing or
causing to be removed, and the destruction thereof, all Regulated Articles within the Affected Area that
are, may be or have the potential to be infested or infected by ALB.
7. The Commissioner of DCR, and his duly authorized agents or designees acting subject to the
provisions of Paragraph 8, by the terms of this Order is authorized to enter upon any land, including the
Affected Area, to implement and conduct activities under this Order.
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Lexington Tree Management Manual
8. DCR is acting in cooperation with state and Federal officials, specifically the United States
Department of Agriculture and its Animal and Plant Health Inspection Service (APHIS), and the City of
Worcester to achieve the purposes of this Order. DCR may authorize, under separate agreements, DCR's
duly authorized agents or designees, as identified in Paragraphs 6 and 7 above,including any municipal or
Federal officials, including APHIS, to enter upon the Affected Area and undertake activities necessary for
suppressing, controlling and eradicating ALB, including removing or causing to be removed, and the
destruction thereof, all Regulated Articles within the Affected Area that are, may be or have the potential
to be infested or infected by ALB.While DCR seeks to implement this Order to ensure eradication of ALB,
DCR plans to do so in a reasonable manner, to the extent possible, to minimize impacts to private property.
9. Any Person who knowingly resists,obstructs or violates this Order may be punished in accordance
with Massachusetts law.
Dated: October 17, 2011
Signed and Ordered By:
Edward M. Lambert Jr., Commissioner
Department of Conservation and Recreation
251 Causeway Street, Suite 600
Boston, MA 02114
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Lexington Tree Management Manual
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Lexington Tree Management Manual
APPENDIX XIII
ASIAN LONGHORN BEETLE: COMMONWEALTH QUARANTINE ORDERS FOR BOSTON
AND BROOKLINE
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
DEPARTMENT OF CONSERVATION AND RECREATION
ORDER
To Suppress and Control Nuisance Conditions and Regulated Articles Within the City
of Boston,Suffolk County,and the Town of Brookline,Norfolk County,Massachusetts
The Department of Conservation and Recreation and its Bureau of Forestry (DCR) issues this Quarantine
Order in accordance with sections 8, 11 and 12 of Chapter 132 and section IF of Chapter 132A of the
Massachusetts General Laws.
Background on the Asian lon2horned beetle
The Asian longhorned beetle (ALB) (Anoplophora glabripennis), an insect native to China, Japan, Korea,
and the Isle of Hainan, is a destructive pest of hardwood trees. It attacks many healthy hardwood trees,
including maple, horse chestnut, birch, poplar, willow, and elm. In addition, nursery stock, logs, green
lumber,firewood,stumps,roots,branches,and wood debris of a half an inch or more in diameter are subject
to infestation. The beetle bores into the heartwood of a host tree, eventually killing the tree. Immature
beetles bore into tree trunks and branches, causing heavy sap flow from wounds and sawdust accumulation
at tree bases. They feed on, and over-winter in,the interiors of trees. Adult beetles emerge in the spring and
summer months from round holes approximately three-eighths of an inch in diameter (about the size of a
dime)that they bore through branches and trunks of trees. After emerging, adult beetles feed for 2 to 3 days
and then mate. Adult females then lay eggs in oviposition sites that they make on the branches of trees. A
new generation of ALB is produced each year. If this pest moves into the hardwood forests of the United
States, the nursery, maple syrup, and forest product industries would experience severe economic losses.
In addition,urban and forest ALB infestations will result in environmental damage, aesthetic deterioration,
and a reduction in public enjoyment of recreational spaces.
Purpose of this Quarantine Order
An infestation of ALB has been identified in an area of the City of Boston, Suffolk County, and the Town
of Brookline, Norfolk County, Massachusetts. An infestation of this invasive species can spread quickly,
cause great economic and environmental damage, and requires measures to address its eradication. The
purpose of this Order is to prevent the spread of ALB, suppress, control and eradicate ALB in any area of
Massachusetts.
NOW THEREFORE, THIS ORDER IS HEREBY ESTABLISHED, SUBJECT TO THE
FOLLOWING TERMS, CONDITIONS AND RESTRICTIONS:
1. Affected Area. This Order applies to all public and private land shown on the attached plan.
2. Regulated Period.This Order is effective immediately and will remain in effect until rescinded or
modified in writing by the Commissioner of DCR.
3. Regulated Articles means firewood (all hardwood species); green lumber and other material
living, dead, cut, or fallen, inclusive of nursery stock, logs, roots, branches, and debris of half an inch or
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Lexington Tree Management Manual
more in diameter of the following genera: Acer (maple), Aesculus (horse chestnut), Albizia (mimosa),
Betula (birch), Celtis (hackberry), Fraxinus (ash),Plantanus (sycamore),Populus (poplar), Salix (willow),
Sorbus (mountain ash), U/mus (elm), and Cercidiphyllum japonicum (Katsura); and also the Asian
longhorned beetle, its larvae or eggs. Any other article, product, or means of conveyance not covered by
the preceding sentence shall be deemed a Regulated Article, and subject to this Order,if the Commissioner
of DCR, and his duly authorized agents or designees, acting subject to the provisions of Paragraph 8,
determine that it presents a risk of spreading Asian Longhorned Beetle and notifies the Person in possession
of the article,product, or means of conveyance that it is subject to the terms, conditions and restrictions of
this Order.
4. Person means any agency, City or town, or political subdivision of the Commonwealth of
Massachusetts or the Federal government, any state, public or private corporation or authority, any
interstate body,foreign nation, individual,trust,firm,joint stock company,partnership,association or other
entity, and any officer, employee, or agent of such person, and any group of persons.
5. No Person shall harvest, cut, move, carry, transport or ship (or authorize or allow any other
Person to do the same) Regulated Articles within or outside of the Affected Area during the
Regulated Period, unless specifically authorized in writing by the Commissioner of the Department
of Conservation and Recreation.
6. The Commissioner of DCR, and his duly authorized agents or designees acting subject to the
provisions of Paragraph 8,by the terms of this Order is authorized to make use of and require the use of all
lawful means of suppressing, controlling and eradicating ALB,including affixing signs to and removing or
causing to be removed, and the destruction thereof, all Regulated Articles within the Affected Area that
are, may be or have the potential to be infested or infected by ALB.
7. The Commissioner of DCR, and his duly authorized agents or designees acting subject to the
provisions of Paragraph 8, by the terms of this Order is authorized to enter upon any land, including the
Affected Area, to implement and conduct activities under this Order.
8. DCR is acting in cooperation with state and Federal officials, specifically the United States
Department of Agriculture and its Animal and Plant Health Inspection Service (APHIS), and the City of
Boston and the Town of Brookline to achieve the purposes of this Order. DCR may authorize, under
separate agreements,DCR's duly authorized agents or designees,as identified in Paragraphs 6 and 7 above,
including municipal officials or Federal officials, such as APHIS, to enter upon the Affected Area and
undertake activities necessary for suppressing, controlling and eradicating ALB, including removing or
causing to be removed and the destruction thereof of all Regulated Articles within the Affected Area that
are, may be or have the potential to be infested or infected by ALB. While DCR seeks to implement this
Order to ensure eradication of ALB, DCR plans to do so in a reasonable manner, to the extent possible, to
minimize impacts to private property.
9. Any Person who knowingly resists, obstructs or violates this Order may be punished or subject to
a civil penalty in accordance with Massachusetts law.
Dated: July 6, 2010
Signed and Ordered By:
Richard K. Sullivan, Jr., Commissioner
Department of Conservation and Recreation
251 Causeway Street, Suite 600
Boston, MA 02114
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Lexington Tree Management Manual
The best time to plant a tree
is twenty years ago.
The next best time
is now.
Chinese Proverb
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