Thinking about trimming or removing a tree in Salem? What looks like a simple weekend project can trigger permits, notices, or boundary questions that affect your timeline and budget. If you own here, or plan to buy or sell, you want to stay safe, stay neighborly, and avoid fines. This guide walks you through who controls which trees, when filings apply, and how to handle boundary issues in Salem. Let’s dive in.
Who controls which trees
On most residential lots, you own a tree if the trunk sits on your land. You can usually prune or remove it, but state and local rules may limit what you do and where. For background on timber and harvest rules, see the UNH Cooperative Extension guide to New Hampshire timber laws (UNH Extension).
Public right-of-way and town role
Trees in the public way, parks, cemeteries, and other public grounds fall under municipal control per state law (RSA 231). In Salem, Public Works is your first call for a limb in the road or a roadside hazard. You can report issues and review services on the Streets Division page (Salem DPW Streets).
Conservation lands and wetlands
If your tree work affects wetlands, shoreland buffers, or town conservation land, additional review may be required. The Salem Conservation Commission reviews activities that impact regulated wetlands and town conservation areas (Salem Conservation Commission). When in doubt, check with Salem Planning or Conservation before you cut.
Boundaries and neighbor rights
Boundary questions create the most common headaches. A few core rules help you protect relationships and avoid liability.
Boundary trees on the line
If a trunk straddles the property line, the tree is shared property. One owner cannot remove it without the other’s consent. This co-ownership principle is recognized in New Hampshire practice (boundary tree overview). A survey is the best way to confirm where the line actually is.
Overhanging branches and roots
You may trim branches or roots that encroach onto your side of the line, but only from your side and without unnecessarily harming the tree. Do not enter a neighbor’s land without permission. Excessive cutting that damages the tree can create liability (overhanging branch guide).
Timber trespass risks
Cutting or damaging trees on someone else’s land can trigger severe civil and criminal penalties under New Hampshire’s timber statutes (RSA 227-J). Before you remove or significantly prune near a line, confirm the boundary, get written permission when you can, and hire a pro for large trees.
Permits and filings to know
Rules change based on location, volume of cutting, and proximity to water or roads. A quick check now can save you time later.
Intent to Cut and tax
Larger removals and any timber harvesting often require filing a Notice of Intent to Cut (PA-7) so the town and state can assess timber tax and track the operation. UNH Extension outlines when the PA-7 is required and who signs it (Intent to Cut basics). Keep receipts and paperwork with your property records.
Shoreland and wetlands rules
Waterfront or near-water lots are subject to the Shoreland Water Quality Protection Act, which limits tree and vegetation removal within defined buffers and uses a point system for pruning and replacement. Illegal removal can lead to enforcement and restoration requirements (RSA 483-B). Work that impacts regulated wetlands may also require permits under NHDES Wetlands rules (Env-Wt rules).
Basal-area limits near roads
There are limits on how much you can cut within set distances of public highways and certain waters. These basal-area rules apply mainly to harvest-scale work and are enforced by the Division of Forests and Lands (timber law guide). If you plan a large removal, confirm whether these thresholds apply.
Utilities and scenic roads
Never prune or fell trees near live wires yourself. Utilities have notice and consent requirements in many cases, and emergency exceptions, under state law (RSA 231). If your road is designated scenic, cutting medium or large trees in the public right-of-way can require Planning Board approval and a public hearing. Contact Salem Planning to confirm local status before you proceed.
Quick Salem checklist
- Identify the tree’s location: on your land, in the right-of-way, in conservation land, or near wetlands or shoreland.
- For large removals, confirm whether an Intent to Cut is required and keep all records.
- Near a boundary, order a survey if the line is unclear and try to get written neighbor consent.
- Avoid work near live wires. Call the utility for any tree within reach of lines.
- Hire an ISA-certified arborist or licensed forester for big jobs. Ask for insurance and a written scope.
- Selling soon? Disclose recent removals, any PA-7 filings, and permits or approvals you obtained.
Who to call in Salem
- Salem Public Works, Streets Division: report limbs in the road or roadside hazards; see the DPW page for contacts and services (Salem DPW Streets).
- Salem Planning Division: zoning, scenic road status, wetlands checklists, and permit questions (Salem Planning).
- Salem Conservation Commission: activities that may affect wetlands or town conservation land (Salem Conservation Commission).
- Town Clerk/Assessing: property records and guidance on filing an Intent to Cut (PA-7).
- For timber harvest or basal-area questions, consult UNH Extension’s guide and the Division of Forests and Lands (timber law guide).
If you are preparing to buy or sell, smart tree planning protects value, timelines, and peace of mind. Need a second look before you take action or list your home? Connect with Shannon Dipietro for local guidance tailored to your goals.
FAQs
What if a neighbor’s tree overhangs my yard in Salem?
- You can trim branches and roots to the property line from your side, but you cannot enter the neighbor’s land or damage the tree.
Do I need a permit to remove a tree on my Salem lot?
- Routine single-tree removals often need no permit, but harvest-scale work commonly requires an Intent to Cut, and shoreland or wetland areas can require state filings.
Who owns a tree on the property line in New Hampshire?
- If the trunk straddles the line, both owners share it and neither can remove it without the other’s consent.
What should I do before cutting near power lines?
- Do not touch it. Call the local electric utility to evaluate and handle work near energized lines.
Who handles a fallen limb in the road in Salem?
- Contact Salem Public Works, Streets Division for road obstructions, and call the utility if wires are involved.
