Is a permit usually needed?
For a tree that stands well inside your own lot, away from water and away from the street, Andover does not require a permit to take it down. That covers most backyard removals: a dead pine behind the garage, a maple that has outgrown a side yard, an ash killed by emerald ash borer in the middle of the lawn.
The exceptions come from three places. Wetland rules apply when the tree is near water. Public shade tree rules apply when the tree belongs to the town, even if it looks like part of your front yard. And ownership questions come up when a tree sits on a boundary with a neighbor or with conservation land. A removal that falls into one of these groups can lead to a stop-work order, a fine or a replanting requirement if it goes ahead without the right sign-off.
When do wetland rules apply?
Andover protects wetlands under two sets of rules: the state Wetlands Protection Act and the town’s own Andover Wetlands Protection By-law, which is stricter than the state law. Both are handled by the Andover Conservation Department and Conservation Commission.
According to the town’s tree work guidance, a tree may need permission before removal if it stands:
- In a wetland, including wooded swamps and wet areas that don’t hold standing water all year
- Within 100 feet of a wetland, which is the buffer zone
- Within 200 feet of a river or perennial stream, such as the Shawsheen River
The buffer zones are wider than most people expect. A house that backs onto a small brook or a wet corner of the woods often has much of its back yard inside the 100-foot zone. This comes up all the time in West Andover, near Haggetts Pond and the wetlands around it, and on riverside lots in Ballardvale and Shawsheen Village.
Clearing, grinding stumps, driving heavy equipment across wet ground and dumping brush in a wetland are all regulated, not only cutting the tree itself. Removing a single hazard tree is often handled simply, while clearing a group of trees for a view or a lawn usually takes a formal filing.
Call the Conservation Department firstThe town asks property owners to contact the Conservation Department at (978) 623-8630 before removing trees near wetlands. Staff can tell you whether your tree is in a regulated area and what, if anything, needs to be filed.
What if the tree is dangerous right now?
The town’s guidance recognizes that trees can be a real danger to people and property. If a tree in a buffer zone is cracked, leaning toward the house after a storm or hung up in other trees, call the Conservation Department and explain the situation. The by-law has a process for emergency work, but it still involves telling the town and following up with paperwork afterward. Taking photos of the defect before the tree comes down helps show why the work could not wait.
What is a public shade tree?
Trees along town roads are protected by Massachusetts General Laws Chapter 87, the Shade Tree Act. A tree within the public way, or on its boundary, is a public shade tree, and it falls under the town’s tree warden. Many Andover streets have a strip of town land between the pavement and the edge of private lawns, so a tree that looks like part of your front yard may in fact belong to the town.
Removing a public shade tree involves a public hearing, with notice posted in advance. Pruning and removal of town trees is done or approved through the town, not by private contractors working for a homeowner. If you have a town tree that worries you, contact the Department of Public Works and ask for the tree warden to look at it.
Do scenic roads change anything?
Massachusetts allows towns to designate scenic roads under Chapter 40, Section 15C. On a designated scenic road, cutting or removing public shade trees as part of road work needs written consent from the planning board after a public hearing. Stone walls along these roads are protected in the same way. If you live on an older country road in South Andover or West Andover, ask the Planning Department whether it’s designated before work that touches trees or walls along the road edge.
What about trees on the property line?
A tree whose trunk straddles the boundary belongs to both neighbors, and neither should take it down without the other’s agreement. A tree on the neighbor’s side that hangs over your yard is a separate question: you can generally prune back to the line, but not in a way that kills the tree.
Conservation land needs extra care. Andover has a large amount of town conservation land and land held by the Andover Village Improvement Society (AVIS), and many back yards border it. Trees on that land are not yours to remove, even if they threaten your house. Report a hazard on conservation land to the Conservation Department and let them handle it. A local news story described a contractor fined after cutting trees on conservation land following a storm, which is a reminder to confirm the property line before any cutting starts.
How do other rules fit in?
A few other approvals sometimes apply:
- Condo and homeowner associations often control trees on common land and sometimes trees on individual lots. Check the master deed or rules before scheduling work.
- Deed restrictions and subdivision approvals occasionally protect wooded buffers between lots.
- Utility lines are their own subject. Trees touching wires need a utility or line-clearance crew. See our guide to trees and power lines in Andover.
A quick checklist before a removal
| Question | If yes |
|---|---|
| Is the tree within 100 feet of a wetland or 200 feet of a river or stream? | Call the Conservation Department before work |
| Is the tree near the street, or could it be on town land? | Ask the DPW or tree warden whether it’s a public shade tree |
| Does the trunk sit on or near a property line? | Agree on the work with your neighbor first |
| Does your yard border conservation or AVIS land? | Confirm the boundary before cutting anything |
| Do you live in a condo or HOA? | Check the association’s rules |
| Is the tree touching or near wires? | Contact the utility; don’t prune it yourself |
How do we handle it on a job?
When a tree may be in a regulated area, we point it out during the visit, before any work is scheduled. We can mark the trees involved and describe the work so you have what the Conservation Department needs to give you an answer. Safety pruning is sometimes allowed where a full removal would need a filing, and that option is worth weighing. For more on how removals near houses are done, see our tree removal page, and if you’re comparing companies, our guide to choosing a tree service in Andover covers what to ask.
If you’re still deciding whether a tree needs to come down at all, our guide to common tree problems in Andover can help you tell a dangerous defect from a cosmetic one, and our tree removal cost estimator gives a planning price range.
Call and describe where the tree is. Shawsheen Tree Co. can look at it and tell you which rules are likely to apply before anything is cut.
Tree removal rules in Andover: FAQs
Do I need a permit to cut down a tree in my own yard in Andover?
Usually not, as long as the tree is on your property, away from the street and outside wetland buffer zones. Trees within 100 feet of a wetland or 200 feet of a river or perennial stream may need Conservation Department approval.
Who do I call about a tree near a wetland?
The Andover Conservation Department, at (978) 623-8630. Staff can tell you whether the tree is in a regulated area and what needs to be filed.
Can I remove a tree between the sidewalk and the street?
Not on your own. Trees in or on the edge of the public way are public shade trees under the town’s tree warden, and removal involves a public hearing.
What happens if a tree is removed without approval?
The town can issue fines and require restoration or replanting. Checking before work is much easier than fixing it afterward.
Can I cut a tree on conservation land that threatens my house?
No. Report it to the Conservation Department, which manages hazards on town conservation land.
