Buffalo's Tree Protection: The Rules That Matter

Every city handles tree protection a little differently. In Buffalo, New York, there are 4 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Parkway Planting

Buffalo Code Chapter 660 §13 governs planting, maintenance, and removal of street trees in the public parkway strip, requiring permits issued by the Department of Public Works through the city's tree program.

Key details: Code section: Ch. 660 §13. Strip ownership: City right-of-way. Free tree program: DPW request. Approved list: Tree Commission.

Unauthorized planting or removal in the parkway carries penalties up to $1,000 per tree under Ch. 660, plus restoration costs for damaged municipal property.

Heritage & Protected Trees

While Buffalo does not have a formal heritage tree ordinance, significant specimen trees on public property are protected by the Division of Forestry, and the city recognizes notable trees in its urban forestry inventory.

Key details: Heritage Ordinance: No formal heritage tree designation system. Public Trees: Protected by Division of Forestry. Olmsted Parks: Historically significant trees receive special attention. Development: Green Code encourages mature tree preservation. Community Input: Public can advocate during development review.

Damaging or removing protected city-owned trees without authorization can result in fines and replacement requirements. Trees in Olmsted parks receive additional protections under park preservation standards.

Tree Replacement Requirements

Buffalo encourages tree replacement through its urban forestry program, and the Green Code may require tree replacement or new plantings as part of development site plan approval.

Key details: Public Replacement: City replaces removed public trees on schedule. Free Trees: Residents may request tree lawn plantings. Development: Green Code Article 7 specifies minimum tree plantings. Programs: ReTree WNY and community planting initiatives. Warranty: Developer-planted trees must survive warranty period.

Developers who fail to install required trees per approved landscape plans may have certificates of occupancy withheld. Replacement trees that die within a warranty period (typically 2 years) must be replaced.

Tree Removal Permits

Removing trees from the public right-of-way in Buffalo requires approval from the city's Division of Forestry, and removal of significant trees on private property during development may require Green Code site plan review.

Key details: Public Trees: City Division of Forestry approval required for any work. Private Trees: Generally owner's discretion unless in site plan review. Development: Tree preservation addressed in Green Code site plan review. City Program: Free tree planting programs available periodically. Replacement: Required for unauthorized public tree removal.

Unauthorized removal of public trees can result in fines and required replacement at the violator's expense. Removal costs and replacement values can be substantial for mature trees.

Compared to other cities, Buffalo takes a harder line on tree removal permits. The enforcement and penalty structure reflects that.

The Bottom Line

Buffalo's tree protection 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 Buffalo is broadly strict or permissive.

All of the above reflects Buffalo's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.