Section 96-B. Tree conservation  


Latest version.
  • 1. The legislature hereby finds that there
      is a direct relationship between  the  planting  of  trees,  shrubs  and
      associated  vegetation  in  sufficient number in populated areas and the
      health, safety, and welfare  of  communities,  and  as  related  to  the
      natural,  scenic,  and  aesthetic  values  of trees and the physical and
      visual qualities of the environment which municipalities are  authorized
      to protect. Trees and such vegetation abate noise, provide welcome shade
      to  people, preserve the balance of oxygen in the air by removing carbon
      dioxide and fostering air quality, and add color and  verdure  to  human
      construction.  They  also stabilize the soil and control water pollution
      by  preventing   soil   erosion   and   flooding,   yield   advantageous
      microclimatic  effects, and provide a natural habitat for wildlife.  The
      destructive and indiscriminate removal of trees and  related  vegetation
      causes  increased  municipal  costs for proper drainage control, impairs
      the benefits of occupancy of existing residential properties and impairs
      the stability and value of both improved and unimproved real property in
      the area of destruction, and adversely affects the health,  safety,  and
      general welfare of the inhabitants of the state.
        2. In addition to any power or authority of a municipal corporation to
      regulate  by planning or zoning laws or regulations or by local laws and
      regulations, the local legislative body of any  county,  city,  town  or
      village   is   hereby  empowered  to  provide  for  the  protection  and
      conservation of trees and related vegetation.  Such legislative body may
      require appropriate conditions applicable to any activity involving  the
      removal  or  destruction of trees or the substantial alteration of grade
      level around trees may include, where appropriate, requirements that the
      activity be done as specified in an approved landscape plan and that the
      removed trees be replaced by the  planting  of  the  same  or  alternate
      species  of  trees,  and  may provide, in connection therewith, required
      plantings for screening purposes. Such regulations,  special  conditions
      and  restrictions, adopted in the exercise of the police power, shall be
      reasonable and appropriate to the purpose.  The municipality may require
      the posting of  a  performance  bond  to  assure  compliance  with  this
      section.  All charges and expenses incurred under this section by a town
      shall be a charge upon the taxable property of that  part  of  the  town
      outside any incorporated village.