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Tree Protection
South Portland City Council passed the Tree Protection Ordinance on November 14, 2023.
The City's Tree Protection Ordinance was developed after a series of workshops and hearings with City Council and the Planning Board starting in 2020. Input was received during the 2 1/2 year period of ordinance development from the Affordable Housing Committee, Conservation Commission, Economic Development Committee, the South Portland/Cape Elizabeth Community Chamber of Commerce, MEREDA, as well as experts in tree removal and maintenance, natural resources and land use, engineering, architecture, contracting firms, and community stakeholders.
The ordinance defines "Protected Trees" on private property, but also includes several exempted tree-removal activities. You can read the full Tree Protection Ordinance here. Exempted activities can be located in § 27-2103(a).
What is a "Protected Tree"?
The following trees are Protected Trees in South Portland:
- Significant Trees: A non-invasive species tree with a minimum DBH of 10".
- Heritage Trees: A tree that is 90 + years old, has a 60" DBH, or is listed on Maine's Big Tree List.
- Historical/Cultural/Program Trees: Trees so-designated by South Portland City Council.
- Please Note: There are no trees with the Historical, Cultural, or Program Tree designation as of March 20th, 2024.
- What is "DBH"? DBH is a method of measuring trees; it stands for "Diameter at Breast Height", which is the width around the trunk of the tree at 4.5 feet from the ground.
- How do I know if my tree is a Protected Tree?
- Hire a "QTP", or "Qualified Tree Professional". We recommend that you employ a QTP to establish the size, age, and species of the trees being removed, and that they document all of the work they complete (removal of trees, pruning, etc.). If the City were to receive a complaint about tree removal on your property, we’d simply ask to see that documentation to understand what was removed and why. The City’s ordinance defines a “Qualified Tree Professional” as the following:
A Qualified Tree Professional is an individual with relevant education and training in arboriculture or urban forestry who has at least one of the following credentials:
International Society of Arboriculture (ISA) Certified Arborist
Tree Risk Assessor Qualification (TRAW)
American Society of Consulting Arborists (ASCA) registered Consulting Arborist
Society of American Foresters (SAF) Certified Forester for Forest Management Plans
Arborist License in the State of Maine
A botany degree from an accredited university, with a specialty in dendrology.
- Hire a "QTP", or "Qualified Tree Professional". We recommend that you employ a QTP to establish the size, age, and species of the trees being removed, and that they document all of the work they complete (removal of trees, pruning, etc.). If the City were to receive a complaint about tree removal on your property, we’d simply ask to see that documentation to understand what was removed and why. The City’s ordinance defines a “Qualified Tree Professional” as the following:
When do I need to get approval to remove a Protected Tree?
You will need Tree Protection Approval from the City if:
- Your project or activity does require Planning Board review and you are removing trees that are not exempt (e.g. invasive species, dead or dying trees, trees causing structural damage, and several other categories, located in §27-2103(a)).
- Your project or activity does not require Planning Board review, but you are doing "Site Clearing", which involves the following:
- Removal of 10 or more Significant Trees
- Please note: Most homeowners doing routine property management involving tree removal are covered under this threshold.
- Removal of 3 or more Heritage Trees
- Removal of any Historic/Cultural/Program Trees
- Please note: There are no trees with the Historical, Cultural, or Program Tree designation as of December 16th, 2024.
- Removal of 10 or more Significant Trees
I think I need Tree Protection approval! What's next?
Are you planning to have work done on trees in South Portland? Consider these questions first!
- What are the ages and sizes of the trees in question?
- This is vital information to have, as it determines if the tree(s) in question are in fact Protected Trees. Unsure? Hire a Qualified Tree Professional and have them document the ages and sizes of the tree(s) in question.
- What are the species and health of the tree(s) in question?
- The Tree Protection Ordinance allows for the removal of invasive species trees, as well as trees deemed to be sick, dead, or dying. If the trees you're looking to remove are found to be an invasive species, or are sick, dead, or dying, you would not need Tree Protection Approval in order to do so.
- Unsure? Hire a Qualified Tree Professional and have them document the health and species of the tree(s) in question. City Staff would ask to see that report in the event that someone filed a complaint about Tree Removal with the City.
- The Tree Protection Ordinance allows for the removal of invasive species trees, as well as trees deemed to be sick, dead, or dying. If the trees you're looking to remove are found to be an invasive species, or are sick, dead, or dying, you would not need Tree Protection Approval in order to do so.
- How many trees do you intend to remove?
- The ordinance defines “site clearing” as removal of 10 or more Significant Trees, or 3 or more Heritage Trees. If you are removing 10 or more Significant trees or 3 or more Heritage Trees you could require Tree Protection Approval from the City.
- Is there an application for Tree Protection approval?
- Yes! You can locate the Tree Protection application, along with our other Planning Board applications, on our Applications page.
- Reach out to the Planning Division Administrative Assistant with any questions regarding application submittal at planningadmin@southportland.gov.
- Yes! You can locate the Tree Protection application, along with our other Planning Board applications, on our Applications page.
If you need Tree Protection approval, that means the trees being removed are not exempt or that site clearing is taking place. The ordinance requires that you:
- Consider an alternative or improved site design to reduce tree impacts. You may be required to reduce the scope of a Planning Board project if the trees can be saved by the reduced scope. The reduction is typically limited to 10% of the proposed scope of the project, and is only required if you are building beyond 75% of the maximum allowance on the property and the reduction will actually save Protected Trees.
- When a project cannot be designed to reduce tree loss, you are required to compensate for the loss by doing one of the following:
- Replant On-Site: Replant 1.5 trees for each Protected Tree removed.
- In "Shoreland" areas, replant 5 trees for each Protected Tree removed.
- Replant Off-Site: Replant 2 trees for each Protected Tree removed.
- Payment into the Tree Mitigation Fund.
- Replant On-Site: Replant 1.5 trees for each Protected Tree removed.
I still have questions. Where do I go?
We know the community has questions, and we're here to help! Contact the Planning Division's Administrative Assistant at planningadmin@southportland.gov, or call their office at (207) 767- 7603.