Tree planting by a municipality on private property can occur when landowners are willing to support public shade tree programs by giving permission for trees to be planted and maintained on private property bordering public ways and places. Tree wardens, municipal tree boards, or other committees can enter into a written agreement with the landowner that outlines what both the landowner and municipal volunteers or officials will (and will not) provide for the tree.

Ensure that a written agreement addresses tree planting and care and that it includes the rights and responsibilities of both the landowner and the municipality and the duration for which the agreement will exist. Agreements should be signed by both the landowner and a municipal representative and should be kept on file. 

Sample Language

• I, a qualifying resident, will plant and care for my tree according to the [insert any reference material you’d like, the US Forest Service's Tree Owner’s Manual or ISA’s tree planting BMP would also be good] for as long as I am a resident of this home.
• I agree to plant my tree(s) immediately at the address listed above, give my tree(s) on-going care while I own it, and to not remove any mulch applied at the base of the tree by the municipality. I understand the tree(s) are under no warranty or guarantee.