Do you need a permit?
It depends on the tree
NYC Parks regulates City trees, not your backyard: "DPR does not issue permits for work on private property trees." But the Tree Work Permit rule is broader than most people expect — you need one to work on or within 50 feet of a tree under City jurisdiction, and that catches a lot of private lots. Removing or damaging a street or park tree without a permit is a misdemeanor that can cost up to $15,000 and a year in jail.
What's protected in New York
- Street trees and park trees — any tree or vegetation on public property under the Parks Commissioner's jurisdiction (Admin Code § 18-129)
- Any tree under City jurisdiction, plus work within 50 feet of one — excavation, utility installation, construction, pruning, stump removal, tree bed expansion, paving, even holiday lights
- Trees on sites filing a DOB New Building, Alteration Type 1, or Alteration Type 2 permit — those go through a Parks Building Plan Review
How to apply in New York
- 1
Confirm whether the tree is on your property or on City property. NYC 311 puts that on you: "Property owners are responsible for knowing whether a tree is on their property or on the City's property."
- 2
Call 311 and ask for a Tree Work Permit to get the application materials, or apply online through nycgovparks.org.
- 3
Mail or fax the application and required documents to the Borough Forestry Office. Construction-related applications must be received at least 20 business days before work starts.
- 4
A Parks Forester visits the site to check whether the proposed work is acceptable and discusses changes with you.
- 5
If the permit is granted it is mailed or faxed to you. Notify the Borough Forestry Office at least 72 hours before you start work.
- 6
When the work is done, notify the Borough Forestry Office to set up a final inspection. If the work does not meet standards you may owe restitution and penalties.
Fees, penalties, and the ordinance
- Penalties
- Under Admin Code § 18-129, cutting, removing or destroying a tree on public property under the Parks Commissioner's jurisdiction without written consent is a misdemeanor. NYC Parks states: "Removing a tree without a permit and damaging trees are very serious offenses, punishable by a fine of up to $15,000 and/or imprisonment for up to one year," while most violations are misdemeanors punishable by up to $1,000 and/or 90 days. The code also allows a civil penalty of up to $10,000 per violation before the Environmental Control Board, and anyone found guilty can be denied Parks consent to do any tree work on public property for up to two years.
- Ordinance
- New York City Administrative Code Title 18, Chapter 1, § 18-129 — Fines for unlawful cutting of trees on department property
Worth knowing
- NYC Parks: "The City does not perform work on trees located on private property. You should consult with a certified arborist before performing any work on your property."
- The 50-foot rule is written broadly — "If you, a contractor, or any other entity are looking to perform work on or within 50 feet of a tree under City jurisdiction, you must obtain a Tree Work Permit from NYC Parks prior to the start of construction."
- Planting a tree yourself in front of your home or business also requires a Tree Work Permit.
- For DOB New Building, Alt-1 or Alt-2 applications, DOB will not issue a permit until you have submitted a Tree Work Permit application to Parks, and Parks reviews proposed tree removals as part of the Building Plan Review.
- Admin Code § 18-105 confirms the split: "Trees found to be in the care of individual owners, corporations, societies, or associations, shall not be subject to the jurisdiction of the commissioner, unless the owners thereof make written application to the commissioner to have such trees transferred to his or her care."
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 felling a tree that stands entirely on private property but happens to sit within 50 feet of a City street tree requires a Tree Work Permit. Parks writes the 50-foot rule around construction work near City trees and does not address this case directly — call your Borough Forestry Office through 311 before you cut.
- — The Tree Work Permit fee. The city says only that "You will need to pay for all tree work."
- — Whether landmarked properties, Special Natural Area Districts, or other zoning overlays add their own private-tree rules on top of the Parks rules.