We recommend using This work also includes pruning, installation of a driveway, and the hanging of holiday lights. In addition to state and local laws governing tree removal, the common law, or decisional law established by New York courts also governs tree removal. By law, you have the right to trim branches and limbs that extend past the property line. If you do harm the tree, you could be found liable for up to three times the value of the tree. There are numerous laws on cutting down trees which can vary by municipality, where the tree is situated on a particular piece of property, and how old and/or healthy the tree may be. In recording the site of a tree stump, the location is also added to the list of possible sites for new tree planting by the city. New York City does not claim responsibility for trees that are located on or have fallen... Reasons to have a tree removed. To maintain an amicable relationship with your neighbors, you should always try to resolve these property questions through courteous communication. In a city of over 8 million people where there seems hardly enough room for the people, let alone the trees, Mayor Michael Bloomberg recently announced a plan to plant a million new trees in the city. All rights reserved. A Tree Permit is not required in order to prune a tree, as long as the pruning is done in a manner that does not harm the tree. Apt 5E New York, NY 10032 1-(877)-969-5282. Richard Daub is a professional journalist based in New York City and the author of three books: "Pork Chops and Subway Cars" (a collection of essays); "Above the Glamour" (a biography); and "Circle in the Weeds" (a novel). Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. The Department of Parks and Recreation conducts routine pruning every year on a portion of City trees in each community board. According to Title 18, Chapter 1, Section 18-129 of the New York City Administrative Code , it is illegal and punishable by law for citizens to remove, kill, or damage a street or park tree, … The email address cannot be subscribed. Are you a legal professional? Some laws only dictate the way in which builders or contractors must dispose of woody debris at a construction site, others specifically prohibit burying stumps. If you are in New York City, you can also call 311. A permit must be obtained before any trees are injured or removed. Removal of stumps by the city is dependent on the amount of funding available for such tasks. To do so online, you will need to submit a Forestry Service request on the New York City Department of Parks and Recreation website at gis.nyc.gov/parks/forms. The oak is the responsibility of the present homeowner. This includes curbside trees located in front of private residences, including an area within 50 feet of the tree. NYC Laws Regarding Tree Removal Tree removal on city property. Reporting of tree stumps is recorded by the city, but they are not automatically removed. Simply copy and paste the code below into your web site (Ctrl+C to copy) It will look like this: 5 Tree Laws You Should Know Trees obstructing traffic. Adjoining property owners frequently encounter overhanging branches from a neighbor's tree, hedge or other vegetation. Application of By-law 2 No person shall: a. injure or destroy a tree growing on public property; or b. plant any tree or any part of a tree on public property,without first having obtained a Permit issued by the Forestry Supervisor pursuant to this By-law. New York Property Lines and Tree Trimming Laws Another area of concern among homeowners is tree trimming . However, the law only allows tree trimming and tree cutting up to the property line. You must each take care not to take any actions that will damage the tree as a whole, such as digging up the roots or putting down dangerous chemicals that could kill the tree. But a new state law, in effect since last summer, says all … Individuals that are uncertain as to how to properly prune a tree without harming it should contact a Certified Arborist (certified by the International Society of Arboriculture - ISA) by referring to the yellow pages of the telephone book under "Tree Service". Copyright © 2020, Thomson Reuters. 1. Microsoft Edge. The main reasons to remove a tree from New York City property are: if the tree is dying or is already dead; if a large branch or a limb has fallen off the tree; if the tree is leaning or uprooted and may fall over; if the trunk has been split; or if the tree is simply in poor condition. If you do damage the tree, your neighbor can sue you for triple the stumpage value of the tree. The City has a duty to maintain its roads in a reasonably safe condition and that duty includes the trimming of trees to assure visibility. DOT, working through its own staff and contractors, cuts or prunes trees to address the following concerns: Local NYC Tree Services You may not go onto the neighbor's property or destroy the tree. In New York State, if a tree extends onto your property, you have a right to cut that portion of it, so long as you don’t encroach on your neighbor’s property. Fence disputes between landowners are to be resolved by town "fence viewers.". Residents are not permitted to work on a tree located on city property without a permit from the Department of Parks and Recreation. Trees might seem especially rare and precious in New York, but unlike many suburbs, the city generally imposes no restrictions on its residents’ removal of them. Find a New York real estate attorney near you to learn more. Doing any of these things without a permit is considered a misdemeanor that could result in a fine of $15,000 and a year in jail. Internet Explorer 11 is no longer supported. More about Daub and his work can be found on his website, www.RichardDaub.com. City of New York, 84 A.D.3d 640 (1st Dep’t 2011). A qualified tree expert should always be retained to carry out tree pruning. However, it can be difficult to prove your neighbor's intentions, so you should also check with your city, neighborhood association, and relevant covenants, conditions, and restrictions for local rules regarding fence height, materials, and aesthetics. By contrast, tree removal in New York City just requires a permit from the parks department. It is advised that individuals check local laws before any tree trimming or cutting takes place. Under the bylaw, landowners require a permit before they can remove trees from treed areas greater than 0.2 hectares (0.5 acres). 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