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nyc tree trimming laws

You can also sue your neighbor for private nuisance if they build a "spite fence" on their property. Removal of stumps by the city is dependent on the amount of funding available for such tasks. 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. However, if you don't keep animals on your land within five years of the construction or repair of the fence, you're not responsible for it. However, the law only allows tree trimming and tree cutting up to the property line. The new legislation called, "Private Property Rights," allows property owners to remove, replant, prune, or trim a tree without approval from their local municipality. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. Google Chrome, Our partner organization Trees New York certifies residents as volunteer Citizen Tree Pruners who are allowed to prune street tree limbs in accordance with City regulations. No one is allowed to perform any work on a tree unless they are employed by Parks, are under a pruning or removal contract with Parks, or possess an official Tree Work Permit with expressed consent from our Forestry Division. New York Property Lines and Tree Trimming Laws. While you can trim the branches of a tree that extend onto your property, you may not trespass on your neighbor's property or cause damage to or kill the tree. City of New York, 84 A.D.3d 640 (1st Dep’t 2011). Are you a legal professional? Liability does not apply automatically; the City must have had actual or constructive notice of the dangerous condition. Local NYC Tree Services However, the law also states that if a homeowner trims branches on a tree and that causes damage to the overall health of the tree, that person could be liable, and might have to pay to replace it. New York state law does not actually say much about these division fences, except in the context of more rural residents such as farmers and ranchers. To find out more about this program or connect with Citizen Pruners in your community, please … And although many of the applicable laws are actually governed by individual cities and neighborhood associations, there are some statewide rules you should know about. 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 Residents may remove trees from their own private property without the city's permission. We recommend using Understanding New York Tree Laws & Premises Liability for Homeowners In this case, the law is clear. Despite this initiative, however, it is still necessary to have some trees removed, particularly those that are sick and dying. Otherwise, a permit would be required to injure or destroy the tree. Read on to learn about property line and fence laws in New York. Tree Trimming, Tree Removal and Vegetation Management. Unfortunately, system outages can impact the reliability of New York State’s electric power grid. While you can trim the branches of a tree that extend onto your property, you may not trespass on your neighbor's property or cause damage to or kill the tree. The oak is the responsibility of the present homeowner. Regarding trees on city property, there are a couple of ways to request that a tree be removed. This work also includes pruning, installation of a driveway, and the hanging of holiday lights. DiSanto v. | Last updated November 28, 2017. Please try again. Apt 5E New York, NY 10032 1-(877)-969-5282. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. By contrast, tree removal in New York City just requires a permit from the parks department. New York Property Lines and Tree Trimming Laws Another area of concern among homeowners is tree trimming . This includes curbside trees located in front of private residences, including an area within 50 feet of the tree. Internet Explorer 11 is no longer supported. From the NYC Department of Parks and Recreation: Since 1996, Parks has pruned established street trees on a neighborhood–by–neighborhood basis. The email address cannot be subscribed. Washington State's Neighbor Law for Neighbors and Trees, New York City Department of Parks and Recreation, New York City Department of Parks and Recreation Forestry Service Request Form. All rights reserved. 1. In that context, neighbors must "make and maintain a just and equitable portion" of the fence, and an owner who does construct or repair a division fence can recover up to 20 percent of the proportionate cost from their neighbor. Tree Cutting York Region’s Forest Conservation Bylaw protects forests in York Region. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. However, general New York criminal statutes, such as those related to … Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. If you are in New York City, you can also call 311. A tree that is located on the boundary line cannot be removed unless both parties agree to do so. New York Property Line and Fence Laws at a Glance. But a new state law, in effect since last summer, says all … Firefox, or A qualified tree expert should always be retained to carry out tree pruning. Contact NYC Tree Company for your tree care and tree service needs now. If you do harm the tree, you could be found liable for up to three times the value of the tree. If any person, without the consent of the owner thereof, cuts, removes, injures or destroys, or causes to be cut, removed, injured or destroyed, any underwood, tree or timber on the land of another or on the common or other land of a city, village, town or county, or damages the land in the course thereof, an action may be maintained against such person for treble the stumpage value of the tree or timber or two hundred fifty dollars per tree… Property Line and Fence Laws in New York: Related Resources, Have an Attorney Help You with Your New York Fence Law Issues. Search, Adjoining landowners must make and maintain a just and equitable portion of division fence unless both agree to let lands lie open, Owner who does not keep animals on land within five years of construction or repair of division fence not obligated or liable for division fence, Disputes to be resolved by town fence viewers, Must repair fence destroyed by flood or other casualty within 10 days of receiving request to repair, Owner or lessee who erects fence or fence-like structure exceeding 10 feet in height in order to exclude neighbor from enjoyment of light or air may be sued for private nuisance, May trim branches extending onto your property but may not cut down or damage tree on neighbor's land. Removal of hazardous trees and limbs is one of the Department of Transportation’s (DOT) regular day-to-day maintenance operations. Although the base of a tree may be in your neighbor's yard, when branches, limbs or roots cross over the boundary line, they may constitute a nuisance. Fence disputes between landowners are to be resolved by town "fence viewers.". NYC Laws Regarding Tree Removal Tree removal on city property. Call NYC Tree Pro at 212-574-4699, Your local NYC Tree Experts Providing Tree Removal Services in NYC. A permit must be obtained before any trees are injured or removed. However, if your neighbor refuses to trim their hazardous tree, you have serious concerns about the maintenance of a division fence, or any other neighborly dispute, you may need professional legal help. Tree Rights If you found this page useful, consider linking to it. For years, cities and counties required property owners to pay a fee and get a permit to remove or trim a tree. Visit our professional site », Created by FindLaw's team of legal writers and editors Another area of concern among homeowners is tree trimming. 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. New York City does not claim responsibility for trees that are located on or have fallen... Reasons to have a tree removed. Reporting of tree stumps is recorded by the city, but they are not automatically removed. 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. Copyright © 2020, Thomson Reuters. The state of California has specific laws regarding the removal of protected trees and also enforces tree-trimming regulations between landowners on neighboring properties. If you do damage the tree, your neighbor can sue you for triple the stumpage value of the tree. For example, "It is the purpose of this ordinance to promote and protect the public safety, and general welfare by providing for the regulation of the planting, maintenance, and removal of trees, shrubs, and other plants within the city of Pleasantville." 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. Before felling a tree of any kind, many California municipalities require permits or special permissions in accordance with town and city ordinances. "tree lawn" means the land within which a tree is planted or is to be planted. New York City does not claim responsibility for trees that are located on or have fallen on privately owned property. 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, … 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. 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. 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. Residents are not permitted to work on a tree located on city property without a permit from the Department of Parks and Recreation. A series about the rules and regulations of street tree planting, pruning, and removal in New York City. It is not lawful for residents to remove trees on their own without a permit, but the New York City Department of Parks and Recreation has made it fairly simple to request a removal. 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. You may not go onto the neighbor's property or destroy the tree. 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. 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. 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. 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". It is advised that individuals check local laws before any tree trimming or cutting takes place. 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). Unless the tree is posing a hazard to your neighbor’s person or property (yes, that standard is somewhat open to interpretation), the law does not require you to personally trim the branches or reimburse your neighbor for any expenses she might have incurred from electing to trim back the tree … NYC Tree Services 674 W 161st St. 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. 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. DOT, working through its own staff and contractors, cuts or prunes trees to address the following concerns: Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. Find a New York real estate attorney near you to learn more. While many New Yorkers don't have the luxury of wondering where their property lines are and whether their yard is enclosed by a fence that complies with state law, others do come up against these issues. While the neighbor’s have the right to prune branches hanging over their property line, the branches create a nuisance. Trees obstructing traffic. Microsoft Edge. While intentionally damaging a tree is a crime in some states and can result in arrest, jail, fines, and other penalties, there is no New York criminal statute on causing intentional damage to a tree. 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. Under New York State law, the property owner could very well be liable if he has received actual notice of a dead or decayed tree, and does nothing to remove or repair it. A clear statement of purpose or intent of this ordinance will help avoid ambiguity in interpretation. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The Department of Parks and Recreation conducts routine pruning every year on a portion of City trees in each community board. 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. In fact, fences and other boundary concerns are a common cause of neighbor disputes which can become very contentious. Property Line and Fence Laws in New York: An Overview, A common question among homeowners is whether or not they and their neighbor are equally responsible for the construction and maintenance of a fence that sits on the boundary line between their properties. More about Daub and his work can be found on his website, www.RichardDaub.com. By law, you have the right to trim branches and limbs that extend past the property line. Electric system reliability is of primary concern to the Public Service Commission. Adjoining property owners frequently encounter overhanging branches from a neighbor's tree, hedge or other vegetation. The chart below provides a summary of state laws related to fence laws in New York, including links to important code sections. Where a tree on private property is protected under the provisions of the Private Tree Bylaw, pruning of the tree is permitted provided the pruning is in accordance with good arboricultural standards. Under the bylaw, landowners require a permit before they can remove trees from treed areas greater than 0.2 hectares (0.5 acres). From outside of the city you can call 212-NEW-YORK. It simply makes sense that a property owner should be responsible if he ignores a predictable danger. In New York, a spite fence is one that exceeds 10 feet high and was built to block your enjoyment of light or air. Stay up-to-date with how the law affects your life, Name To maintain an amicable relationship with your neighbors, you should always try to resolve these property questions through courteous communication. With your New York city does not claim responsibility for trees that are sick and dying tree..., landowners require a permit must be obtained before any tree trimming his work can found. Under the Bylaw, landowners require a permit from the NYC Department of Parks and Recreation routine! 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