Do you need a permit?
No permit required for most private trees
Utica rewrote its tree ordinance in 2023, and the permit it created is scoped to public ground: written permission from the City Arborist is required to plant, remove or destroy any standing tree on a public place or right-of-way. It does not reach trees on private property, and the city says plainly that it is not responsible for maintaining them.
What's protected in Utica
- Any standing tree on a public place — "any public street, public highway, public easement, public park, lands owned by City park districts, or any property owned or held by the City"
- Any tree in the right-of-way — the lines separating private property from existing or dedicated public property containing publicly owned street surfaces, gutters, curbs, planted strips or sidewalks
- Public trees and shrubs generally, which may not be broken, injured, mutilated, defaced, killed or destroyed without a written permit from the City Arborist (§ 2-17-38)
How to apply in Utica
- 1
Retrieve the permit request form and submit it to the City Clerk.
- 2
State the number and kind of trees to be removed, sprayed or planted, the kind of treatment to be administered, and any other information the City Arborist finds reasonably necessary.
- 3
The City Arborist reviews. The City Clerk issues the permit when the Arborist finds the desired action necessary, in conformity with the chapter, and the proposed method and workmanship satisfactory.
- 4
The City Arborist has authority to supervise all work done under the permit.
Fees, penalties, and the ordinance
- Penalties
- § 2-17-40: "Any person responsible for violating any of the terms of this article shall pay a fine not to exceed $100. A separate offense shall be deemed committed on each day during or on which a violation occurs and/or continues."
- Ordinance
- Code of the City of Utica, Chapter 2-17 (Nuisances), Article II — Trees and Shrubs, cited as the "Tree Ordinance of the City of Utica" (adopted 4-19-2023 by Ord. No. 106)
Worth knowing
- § 2-17-32(a) scopes the permit: "It shall be unlawful for any person to plant, remove or destroy any standing tree existing on any public place or right-of-way in the City ... except having first obtained written permission from the City Arborist to do so."
- The city's tree FAQ: "Trees owned by the City may not be trimmed by anyone other than City staff unless a permit is obtained first," and "The City is not responsible for maintaining trees located on private property."
- The Commissioner of Public Works serves as the City Arborist by virtue of office.
- Nine species may not be planted in any public place or right-of-way: Norway maple, silver maple, poplar, evergreen, hackberry, mulberry, red oak, ash and weeping willow.
- A six-member volunteer Tree Advisory Board may create a list of preferred trees for planting on both public and private property, and consults with the City Planning Board and Scenic and Historic Commission.
- On neighbor disputes the city is direct: "Anyone who cuts down, removes, or otherwise causes damage to a tree without permission from its owner are responsible for the harm they inflict."
- Residents may plant within the City right-of-way area, but the plant material must allow safe pedestrian access; ivy is not acceptable.
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 — the ordinance does not set one and the city's FAQ does not state it.
- — Whether Utica's zoning or building permit rules add tree-preservation or landscaping requirements when a private lot is developed.