Whose tree is it?

Massachusetts

Is the tree in or right beside the road?

• No: Most likely yours. A tree fully on your own land isn't a public shade tree, so the state's shade tree law doesn't apply. Some towns have their own tree bylaws, so it's worth a quick call to town hall.
• Yes or Not sure: It may belong to the town. Under Massachusetts law, every tree within the public way, or on its boundary, is a public shade tree. No one but the town's tree warden, or someone with the warden's permission, may trim, cut or remove it. Before one larger than 1½ inches in diameter comes down, the law requires a public hearing, with notice posted on the tree at least seven days ahead. A tree that endangers people on the road can be removed without waiting. Call your town's tree warden or public works department before anyone touches it.

Is the road a designated scenic road?

• Yes or Not sure: On a designated scenic road, road repair, maintenance, reconstruction or paving can't involve cutting or removing trees without the planning board's written consent after a public hearing. That hearing can be held together with the tree warden's. Your town's planning board keeps the list of scenic roads.

Is the tree near a pond, stream or wetland?

• Yes or Not sure: Ask your town's Conservation Commission before any work near water.

Rhode Island

Is the tree in or right beside the road?

• No: Most likely yours. A tree on your own land is generally yours to deal with. Rhode Island does require whoever does the work to be a licensed arborist. Check a license.
• Yes or Not sure: It may belong to the town. In Rhode Island, each town appoints a tree warden, who must be a licensed arborist or become one within six months. Before the warden removes a tree under the town's control, a notice has to be posted near it at least five days ahead, unless it's an immediate public hazard. Anyone who objects can appeal in writing and get a hearing. Call your town's tree warden or public works department before anyone touches it.

Is the tree near a pond, stream or wetland?

• Yes or Not sure: Ask your town hall before any work near water.