Do you need a permit?
It depends on the tree
Schenectady's tree permit is written for public ground — a written permit from the Superintendent of Parks is required to cut, trim, prune, move, remove or replace any tree in a public street or public park. There is no standalone private-property tree permit in the code. But the building code separately requires a building permit before you remove trees on a site in preparation for construction, so clearing tied to a building project is regulated.
What's protected in Schenectady
- Any tree in a public street or public park within the City (§ 243-7)
- Trees on private property that overhang or interfere with a City street and endanger the public — the Superintendent of Parks may declare them a public nuisance (§ 243-11)
- Trees on a site being cleared in preparation for construction (§ 138-11)
Fees, penalties, and the ordinance
- Penalties
- § 243-14: any person violating Chapter 243 is guilty of a misdemeanor punishable by a fine not exceeding $500. In addition, anyone who removes a tree in a public street or park without a written permit from the Superintendent of Parks, or who damages a tree so that it must be removed, is legally and financially responsible for replacement — either one tree of equal DBH or several trees whose DBHs sum to at least that of the removed tree, at a location the Superintendent designates.
- Ordinance
- Code of the City of Schenectady, Chapter 243 — Trees and Shrubs (§ 243-7 permit required; § 243-11 removal of trees overhanging streets; § 243-14 penalties); Chapter 138, Article IV, § 138-11 — Permits required
Worth knowing
- § 138-11 is the trigger most homeowners miss: no person shall commence construction work "or in preparation for construction any excavation which will change the natural drainage courses or watercourses or the removal of any topsoil, trees or groves or the alteration of any similar irreplaceable assets of the proposed site of construction ... without first obtaining a separate building permit from the Building Inspector."
- § 243-8: only the property owner, a public utility, or a person whose principal business is tree surgery, trimming or maintenance and who holds a business permit from the Superintendent of Parks may do work requiring a permit. Those business permits run one year from issuance.
- § 243-11: a tree growing on private property but overhanging or interfering with a street, which in the Superintendent's opinion endangers the life, health, safety or property of the public, is a public nuisance. You have 10 days from written notice to correct or remove it, or the City does and assesses the cost to you.
- § 243-13: in windstorms, ice storms or other disasters the Superintendent of Parks may waive the chapter's requirements during the emergency period so as not to hamper restoration work.
- § 243-15: anyone aggrieved by a decision of the Superintendent of Parks may request a hearing in writing from the Environmental Conservation Commission.
- The Building Inspector / Code Enforcement office is 518-382-5050.
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 for either the Chapter 243 tree permit or the § 138-11 building permit.
- — Whether removing an ordinary tree in your own yard, with no construction involved, requires any City approval. Chapter 243'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.