Authority of tree wardens have long history in Vermont

As tree warden for the town of Charlotte, I hope to keep Charlotte residents informed about the laws and policies that impact one of our valuable resources — trees. The law in Vermont authorizing the position of tree warden was passed by the Vermont Legislature more than 120 years ago. Tree warden statutes enacted in 1904 charged each municipality to appoint a tree warden.

In 1969, the law was amended to give the municipality tree warden more authority over municipal trees. The amendment clarified that tree wardens would enforce all laws related to public shade trees and could propose regulations for planting, protection, care or removal of public trees to the local legislative body.

There were no more changes to the tree warden statute until 2020 when Act 171 (Title 24 Chapter 067) made substantial changes to the tree warden law. For the first time, legislation defined a shade tree as “a shade or ornamental tree located in whole or in part within the limits of a public way or public place,” provided that the tree was planted by the municipality or is designated as a shade tree in a municipal shade-tree preservation plan.

The town already has the authority to regulate trees along Charlotte town roads, sidewalks or other municipal property, but the new law grants authority for municipalities to adopt a shadetree preservation plan. At this time, the town of Charlotte has not yet adopted a shade-tree plan.

Tree wardens still have control over the care of shade trees, but the process for removing them has changed. A public hearing is no longer required for a shade tree to be removed when it is infested or infected (or at risk to become so).

A public notice is still required for the cutting of a non-diseased or healthy tree on Charlotte public lands. Nobody can cut, prune or plant trees and shrubs on any Charlotte town-owned land without the permission of the tree warden. If the decision of the tree warden is appealed then a public hearing is required.

Charlotte has several lands that are public lands, including Thompson’s Point, Barber Cemetery, Bradley Cemetery, Williams Woods Natural Area, Charlotte Parks and Wildlife Refuge, the town garage, Plouffe Lane, the senior center, the Charlotte Library and the town offices. When in doubt concerning exact ownership, please contact the town for verification.

The penalty for the act of willfully and critically injuring or cutting down a shade tree without the permission of the tree warden now ranges from $50 to $2,000 per stem. The same penalty will apply for the willful or malicious removal or damage to trees in municipal and state highway rights-of-way without prior consent from the state or the tree warden.

If you have any questions or concerns, please contact me or a deputy tree warden through the town website.

(Cliff Mix is the town of Charlotte’s tree warden.)