Do you need a permit?
It depends on the tree
Buffalo's free DPW Tree Work Permit covers trees in the city right-of-way — the strip between your sidewalk and the curb. Chapter 467 sets up no standalone permit for a tree standing entirely on private property. But if the removal is tied to any action that requires a City permit, you have to file a site plan showing every tree three inches or more in diameter, and removing any tree over 10 inches requires express written permission from the Commissioner.
Size threshold
In the development context (§ 467-8A(1)): the site plan must show all existing trees "which are of a maturity of having grown to three inches of diameter and a height of four feet (dhff)," and "the removal of any trees of greater than 10 inches dhff requires express written permission from the Commissioner of Human Services, Parks and Recreation."
What's protected in Buffalo
- Any tree, shrub or plant on a public street, public park or public property — expressly including those between the public sidewalks and the street curbs (§ 467-3B)
- Any tree in the streets and public places of the City (§ 467-7)
- Live trees on any site where the work requires a City permit — the removal triggers site plan review and, over 10 inches dhff, express written permission (§ 467-8)
How to apply in Buffalo
- 1
For a tree in the right-of-way: call 311 or (716) 851-4890 and request a Forestry inspection. Every removal request is inspected by the Forestry office.
- 2
Hire a tree service holding a current City of Buffalo Landscape License. Licensed contractors must contact the Forestry office for a Tree Work Permit before the work is performed.
- 3
For work tied to a City permit: prepare a site plan showing the location, species and dimensions of all existing trees three inches dhff or larger, plus the species, size and location of all new trees, with a landscaping plan and planting schedule.
- 4
Submit the site plan to the Permit Office. It is forwarded to the Commissioner of Human Services, Parks and Recreation, who has five business days to object to any removals or proposed plantings.
- 5
If removal is not objected to, provide on-site replacement trees whose combined dhff at least equals the combined dhff of the trees removed. If the site cannot fit them, pay the difference into the Buffalo Urban Forest Fund.
Fees, penalties, and the ordinance
- Fee
- Free for the right-of-way permit. The Bureau of Forestry FAQ: "a DPW Tree Work Permit is required to prune, plant or remove trees within the City of Buffalo right of way. There is NO FEE to obtain the permit."
- Penalties
- § 467-5: a fine not exceeding $1,500, or imprisonment up to 15 days, or both, for each violation. Under § 467-7 a conviction does not preclude a civil action by the City to recover full damages for the loss of the tree. § 467-4 authorizes the Commissioner to pay a reward of $100 to $1,000 for information leading to conviction. Projects out of compliance may also have City licenses or permits suspended, revoked or not renewed (§ 467-9).
- Ordinance
- Code of the City of Buffalo, Chapter 467 — Trees, Shrubs and Plants (§ 467-3 abuse and mutilation; § 467-7 prohibited acts; § 467-8 trees and development)
Worth knowing
- The city grants removal of a right-of-way tree only if it is dead or dying, structurally unsound and an immediate hazard, terminally diseased or infested, or will not survive a construction project after tree-protection alternatives are exhausted.
- Any city resident may do minor work on the right-of-way tree in front of their own house at any time, "as long as they do not use power tools or a ladder." All other or major work requires a licensed landscape contractor.
- The city states plainly: "No permit is required for planting a tree on private property."
- Accidental killing of a tree during construction counts as a removal.
- Appeals from § 467-8 go to the City Planning Board, which recommends to the Common Council; exceptions must be approved by the Council.
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.
- — Whether a homeowner needs any permit to remove a tree standing entirely on private property when no other City permit is involved. Chapter 467's own scope is public property and the Forestry FAQ only addresses the right-of-way, but the city never states the private-property case outright.
- — The current Buffalo Green Code / Unified Development Ordinance landscaping requirements, which may add tree obligations on a development site.