Do you need a permit?
It depends on the tree
Albany requires a tree and vegetation permit to cut, trim, prune, move, remove or replace any tree in a public street or public park. There is no per-tree permit in the code for an ordinary tree in your own yard — but on any parcel larger than one acre, no clear-cutting is allowed without approval of a major development plan, and Albany defines clear-cutting as removing more than 50% of the existing trees or vegetation per acre over any five-year cutting cycle.
What's protected in Albany
- Street trees — "trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues or ways within the City"
- Park trees — trees, shrubs, bushes and other woody vegetation in public parks and areas owned by the City or to which the public has free park access
- Trees and vegetation on parcels over one acre, where clear-cutting requires major development plan approval (§ 345-18)
Fees, penalties, and the ordinance
- Penalties
- § 345-19: a violation draws a stop-work order until it is rectified, and a $75 administrative surcharge to lift the order. A fine not exceeding $500, or imprisonment not exceeding 15 days, or both. For unlawful clear-cutting, a fine not to exceed $500 per acre affected, or up to 15 days, or both. On top of that, anyone found guilty "shall be liable to the City of Albany for restitution in the amount of $125 per inch of diameter of said damaged or destroyed tree(s)." Anyone who removes a public street or park tree, with or without a permit, is also legally and financially responsible for replacement of equal total DBH at a location the Commissioner designates.
- Ordinance
- Code of the City of Albany, Chapter 345 — Trees and Vegetation (§ 345-5 permit required; § 345-10 removal of dead or diseased trees from private property; § 345-18 site plan review required for clear-cutting; § 345-19 penalties)
Worth knowing
- § 345-10: the City may cause removal of dead or diseased trees on private property when they are a hazard to life and property or harbor insects or disease threatening other trees. The City notifies the owner in writing; removal is at the owner's expense within 30 days. If the owner does not comply the City removes the tree and charges the cost on the owner's property tax notice.
- § 345-7: topping — severe cutting back of limbs to stubs larger than three inches within the crown — is unlawful as a normal practice for any street tree, park tree or other tree on public property.
- § 345-8: climbing spurs and spiked shoes are prohibited for pruning.
- § 345-20 exemption: the article does not apply to a property owner manually trimming branches over a public street or sidewalk that are three inches or less in diameter and no more than eight feet above the surface.
- Permitted work must conform to the American National Standard for Arboricultural Operations, and once a permit is granted the vehicle and equipment used must be marked with the permit holder's name and telephone number.
- If the City removes a street tree under § 345-4, Albany must replant in the same location where practicable at full City cost — unless the owner asks the City Forester not to replace it.
- The Forestry Division "is responsible for all aspects of trees related issues on public right-of-way," including dead tree removal, stump removal, planting and trimming.
What we could not confirm
We would rather tell you what we don't know than guess. Call the office below to confirm these before you cut.
- — The permit fee. § 345-5B says only that "Permit fees shall be promulgated by the Department of General Services"; we could not verify the current schedule.
- — Whether removing a single tree in a yard on a lot under one acre requires any City approval. Chapter 345's permit is written for public streets and parks and we found no private per-tree permit, but the city does not state the private case outright.
- — Whether Albany's Unified Sustainable Development Ordinance (Chapter 375) adds tree-preservation, landscaping or replacement obligations when a private lot is developed.