What Is A Public Shade Tree?
There is a presumption under state law that all trees within or on the boundaries of a public way are public shade trees. A tree may also be considered to be in the public way if either its root system or its branches extend into the public way. If there is any uncertainty, a tree shall be assumed to be public property until the contrary is shown.
A right-of-way can vary in width. However, only a portion of the way will be paved. If you have a property boundary survey, you should be able to measure the distance from the front of your home to your property line. Unless you are absolutely sure of where the Town's right-of-way begins, check first with the Department of Public Works.
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