§ 190-4. Definitions.

In the absence of contrary meaning established through legislation or judicial action pursuant to MGL c. 40, § 15C, these terms contained in that statute shall be construed as follows:

CUTTING OR REMOVAL OF TREES

Shall not be construed to include clearing of nuisance growth, routine or emergency tree maintenance which removes only permanently diseased or damaged limbs, trunks or roots and dead whole trees, or thinning out of overcrowded trees as determined by the Tree Warden, but shall mean removal of one or more trees, cutting of major branches or cutting of roots, including such cutting or removal done in contemplation of, or following, repair, maintenance, reconstruction or paving work for a road.

REPAIR, MAINTENANCE, RECONSTRUCTION, OR PAVING-WORK

Any such work done within the right-of-way by any person or agency, public or private. Construction of new driveways, bicycle paths, roadside paths/sidewalks or alterations of existing ones, is also included to the extent such work takes place within the right-of-way. Except as allowed in the preceding paragraph, roadside cutting for clearance for vehicles or for improvement of line-of-sight shall also be included within this definition.

ROAD

A vehicular traveled way plus its necessary appurtenances within the entire right-of-way, not just the paved surface, including bridge structures, drainage systems, retaining walls, traffic control devices, pedestrian facilities, and the air space above them, but not intersecting streets or driveways.

STONE WALLS

Shall not be construed to include assemblages of stone involving less than one cubic foot of wall material per linear foot nor totaling less than five feet in length. All stone walls within the entire right-of-way of a scenic road or on the boundaries thereof shall be subject to these regulations; if, for whatever reason, it is uncertain whether the stone wall is within such right-of-way of the scenic road, it shall be taken to be within the coverage of these rules and regulations until the contrary is shown.

TEARING DOWN OR DESTRUCTION OF STONE WALLS

Shall not be construed to include temporary removal and replacement within a reasonable period of time, not to exceed 60 days, at the same location with the same materials and consistent with the original character of the wall.

TREES

Any trees (not bushes) having a trunk diameter of four inches or larger at one foot above the ground. All trees within the right-of-way of a scenic road or on the boundaries thereof shall be subject to these regulations; if, for whatever reason, it is uncertain whether the tree is within the right-of-way of the scenic road, it shall be taken to be within the coverage of these rules and regulations until the contrary is shown.