In 2017, Concord, MA passed a tree preservation bylaw to encourage the preservation and protection of trees on residential lots during significant demolition and/or construction activity. Since we are planning both significant demolition and construction activity, the law applies to our project.

Basically, if you take down any trees over 6″ in diameter, you either have to plant replacement trees (adding up to 1/2 of the total diameter inches removed) or pay $350 per inch into the town’s tree fund. Unfortunately, we are forced to remove a lot of trees as part of this project. But there is some good news. The tree preservation bylaw does not include the trees in the 100′ wetlands zone. The trees within 100′ of the wetlands are handled by the Concord Natural Resource Commission, and although the NRC wants to see replacement plantings, there is no corresponding pay per inch bylaw for those trees.

Here is the current plot plan showing the disposition of the trees. TBR means “to be removed”. Anything to the right of the green line is in the 100′ near-wetlands zone and is not subject to the tree preservation bylaw. (The red line is the required setback for the building from the street, which has no impact on the trees, but has a big impact on the placement of the house.) All the trees subject to the bylaw have been numbered by the arborist (T1 – T15). Four of those trees have to be removed (T3 – T6, also marked a A – D). But two of those are too small to count. That leaves us with two 18″ diameter trees for which we need to compensate the town.

The arborist is proposing planting a total of 6 replacement trees, each with a 2″ diameter. That gets us to 12 total inches. Since we do not meet the threshold of 18 total inches (one half of what is being removed), we have to pay into the town tree fund for the rest – $2,250. We can still adjust the ratio of plantings to payment, and we have not figured out where the 6 new trees would go. But it could have been a lot worse.

Also added to the plan by the arborist are yellow boundaries, which will be tree protection fences. This is different from the siltation barrier that we also have to install during construction to protect the wetlands. The siltation barrier is shown on the plot as a thick dashed line.

By the way, the plan is to cut a wide path from the road through the foliage running between the two yellow tree protection fences, and right through tree D. That will be used as the access point for all construction vehicles and heavy equipment. When construction is done, we will replant that area.

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