Landscaping Rules in Mount Vernon, NY

If you live in Mount Vernon or are thinking about moving there, landscaping rules are one of those things you probably won't think about until they affect you directly. Mount Vernon has 3 specific rules on the books covering different aspects of landscaping rules, and some of them might surprise you.

Native Plants

Every plant installed on a project site in Mount Vernon's MX-1 Commercial Corridor District must be drought tolerant, hardy, and native to the area based on USDA plant hardiness zone, under City Code Section 267-19.A(8)(e)(6). Xeriscaping and recycled greywater irrigation are separately encouraged to cut water use and reduce flooding.

Key details: Applies in: MX-1 Commercial Corridor District only. Mandate: All plantings drought tolerant, hardy, native. Encouraged: Xeriscaping and recycled greywater irrigation. Coordinated with: Stormwater rain gardens, infiltration basins. Reviewed by: Planning Board and Architectural Review Board.

A landscape plan that specifies non-native or non-drought-tolerant species violates Section 267-19.A(8)(e)(6), one of the design standards a covered MX-1 project 'shall abide by.' The Planning Board can condition or deny site plan approval, and the Architectural Review Board can withhold a certificate of appropriateness, until the planting list is revised to meet the native and drought-tolerant requirement.

Tree Trimming

Mount Vernon requires a written Department of Public Works permit before anyone trims a tree on public property, and separately obligates a tree owner to cut back branches or roots that project over a neighbor's lot, sidewalk, or roadway once notified. Trimming a tree for hire anywhere in the City also requires its own City license.

Key details: Public tree trimming: written DPW permit required. Overhang notice period before neighbor acts: 30 days. Trim-for-hire license threshold: branch/trunk 2+ inches thick. Permitted trimming hours: 7:30 a.m.-3:30 p.m. weekdays. Weekend work: requires separate permit.

Trimming or cutting a public tree without the Commissioner of Public Works' written permit violates § 252-3B. A tree owner who ignores a neighbor's 30-day notice to cut back overhanging branches or roots can be cited by the Department of Buildings under § 252-4A(2), and a company that trims trees for hire without the license required by § 252-5B(8) is operating unlawfully.

Tree Removal & Heritage Trees

Removing most trees in Mount Vernon requires a Department of Public Works permit: the owner applies at least 20 business days before the work, pays $50 per tree, and hires a City-licensed contractor. Small trees under 10 inches DBH, true emergencies, and infested trees can be removed without a permit.

Key details: Permit application filed by: property owner. Advance notice required: 20 business days. Permit fee: $50 per tree. Fee waived if tree is: diseased, infested, or dangerous. No-permit threshold: trees under 10 inches DBH.

Removing a tree that needs a permit under § 252-5 without first filing the application, paying the $50 fee, and giving the City 20 business days' notice is a violation of Chapter 252, as is hiring an unlicensed contractor in violation of § 252-5B(8). A contractor who damages a sidewalk, structure, or surrounding property while removing a tree is liable for those repair costs under § 252-4B(4).

The Bottom Line

Mount Vernon's landscaping rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Mount Vernon is broadly strict or permissive.

Keep in mind that Mount Vernon can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.