Newton’s tree canopy over the years

On December 18, 2023, the Newton City Council updated the 1999 Newton Tree Preservation Ordinance (TPO). The revised TPO applies to private properties and protects trees that are six inches and larger in diameter at breast height (DBH, 4.5 feet above ground). Removal of all trees requires one of two different types of permit: a tree removal permit, which requires planting replacement trees or a payment in lieu, or an exemption permit. Only residential properties of 1-2 units where there is no construction for 24 months are eligible for an exemption permit.

Newton’s City Forester, Mark Welch, said that while the previous TPO had its upsides, there were elements of the ordinance that needed improvement. The 1999 TPO successfully regulated the removal of trees during development projects and ensured that tree replacement was part of every project that removed trees; however, the TPO did not ensure the replacement plantings were true replacements for how much canopy was lost, and it lacked provisions to include arborists in the planning stages of replanting after construction.

“Where the old versions of the ordinance fell a bit short was insuring the replacement plantings were true replacements for what was lost, it lacked provisions to include arborists in the planning stages, and did not take neighbors trees into account,” he said, “The recently updated version of the tree ordinance increases the replacement requirements to more accurately address the loss of trees, insures an arborist is engaged from the beginning to help guide decisions and advocate for trees to remain, and neighbors trees close to the property line of a construction project are to have protective measures in place.”

With the updated TPO now in place, the City of Newton hopes to combat the rapid decline of Newton’s tree canopy, which has declined over the years, according to former City Councillor Barbara Brousal-Glaser. In Newton’s Open Space Recreation Plan the city noted a 50% decline in the canopy provided by the City’s street trees since the 1970s. While there is no data on trees that belong to private properties, Brousal-Glaser said that external factors such as development, disease, gas leaks, and storms have contributed severely to the decline in canopy.

In deciding to update the Tree Ordinance, the City of Newton exempted The Newton Cemetery & Arboretum, so it does not need to report and replace removed trees. The Arboretum had requested that it be exempted from the ordinance because of its long-term obligations to serve as a burial ground and being accredited as a Level II Arboretum by the Arbnet professional arboretum network. In order to have this certification, an arboretum must have a staff of professional arborists, public education programs, and an arboretum plan to ensure appropriate care of the tree canopy. Green Newton, which originally opposed granting an exemption, revised its position and chose to support it. The City Council and the Arboretum reached a compromise that resulted in the passage of the revised TPO.

With the changes made to the TPO and the Arboretum’s exemption, there has been debate among residents and City Councilors of Newton whether or not this will affect Newton’s tree canopy.

Brousal-Glaser expressed concern for the Arboretum’s exemption from the TPO, since it manages a major urban forest and can cut down as many trees as it wants with no requirement for replacement or a fee in lieu. She said that if she has to pay money to cut down a tree in her backyard, a “multimillion dollar corporation” should as well, because putting these restrictions in place for mature trees on all properties will greatly contribute to preventing the decline of Newton’s tree canopy.

“I don’t think any corporation in the City of Newton should be exempt from our Ordinances,” she said, “Should Whole Foods be exempt because people like food and need food? Should a cemetery be exempt because people die and we’ll need a tomb there? These are rules and regulations that help us be the best city we can be, and there’s no reason to exempt any corporation within Newton on any of our rules or regulations, period.” [Ed. Note: The Newton Cemetery & Arboretum is a nonprofit corporation, and the City has not granted a similar exemption to any other institutional landowner.]

Ward 4 City Councilor Joshua Krintzman said that the City Council decided to exempt the Arboretum because as a Level II arboretum, the Arboretum has made it clear that its employees are responsible for a significant number of trees and already engages in management practices in line with an approved maintenance plan.

“I supported the exemption because I thought the arguments made sense about the way the cemetery cares for trees, the function it performs, and the classification as an arboretum,” he said.

Ward 5 City Councilor Bill Humphrey does not believe that the exemption will affect Newton’s overall tree canopy because the Arboretum has an established botanical plan for when it plants replacement trees and what types of trees it plants as replacement.

“Essentially, the Newton Cemetery & Arboretum are exempt because they serve as a burial ground,” he said, “As long as the Newton Cemetery & Arboretum continue to demonstrate to our City Forester that they are following a plan for tree planting as part of their arboretum, they can follow that instead of the standardized rules which would apply to regular situations as opposed to an arboretum.”

Co-founder of Protect Newton Trees, Melissa Brown, remains concerned about the revised TPO because although it sets replacement requirements and penalties, it does not prevent residential owners from removing trees.

“The Arboretum’s status at Level II requires no tree conservation, and the City does not have any financial penalties for them cutting trees. I think there is going to be a tremendous loss of trees and as a result more heat, pollution, and flooding,” she said.

Regarding concerns over the decline in Newton’s Tree Canopy from the Arboretum’s exemption, President Mary-Ann Buras says that its goal is to preserve and care for trees as an arboretum. The Arboretum has a staff of arborists that plant and care for trees within the cemetery, and with time, Buras says that the canopy will flourish and become one of the largest contributors to Newton’s tree canopy.

“Newton Cemetery & Arboretum’s goals are not that different from the Tree Ordinance  — caring for our trees. We have a long-term view and [have] been working since 1855 to maintain a diverse, mature tree canopy,” Buras said, “We follow a horticultural master plan that we use as our guide and strive to plant a minimum number of trees every year to try and keep the canopy multigenerational.”

Chloe Yu is a Fig City News intern and a rising sophomore at Emerson College.