Tree Protection in Mount Vernon, NY

If you live in Mount Vernon or are thinking about moving there, tree protection 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 tree protection, and some of them might surprise you.

Parkway Planting

Planting a tree anywhere on Mount Vernon public property, including the curbside parkway strip, requires a written permit from the Commissioner of Public Works under City Code Section 252-3.A. Abutting property owners and occupants must also keep the planting strip along their full curb frontage maintained under Section 252-3.E(4).

Key details: Permit required for: Any tree on public property or parkway strip. Issuing authority: Commissioner of Public Works. Min. trunk size: 2.5 inches diameter at 1 foot. Branch clearance: 7 to 9.5 feet above ground. First-offense fine: Up to $1,000 per tree.

Planting, cutting, or removing a public tree without written DPW permission violates Section 252-3 and is punished under Section 252-16: fines run up to $1,000 for a first offense per tree and up to $2,000 per tree for a second or subsequent offense within a year, deposited into the Tree Fund Escrow Account. Violators also must repair or replace each affected tree in kind, or pay a fee-in-lieu, and any tree that fails within two years of planting must be replaced at the violator's expense.

Protected Tree Species

Mount Vernon's tree code automatically classifies any state-listed endangered or threatened tree as a "significant tree," which cannot be removed without a Department of Public Works permit and, if a construction project is involved, sign-off from the Architectural Review Board or Planning Board. The protection tracks New York's protected native species list and the Westchester County list of endangered plants.

Key details: Endangered/threatened list source: NY 6 NYCRR 193.3 + Westchester County list. Endangered trees automatically count as: a protected significant tree. Permit needed before removal: yes, DPW permit. Advance notice required: 20 business days. Permit fee per tree: $50.

Removing or authorizing removal of an endangered, threatened, or otherwise significant tree without the required Department of Public Works permit, or without Architectural Review Board or Planning Board sign-off when a board review applies, violates §§ 252-4B(2) and 252-6. A contractor who causes sidewalk, structure, or property damage while removing a tree is separately liable for those repair costs under § 252-4B(4).

Heritage & Protected Trees

Mount Vernon designates a "heritage tree" as one with unique, irreplaceable value for its age, rarity, size, or historic significance, and folds that designation into the code's "significant tree" category. A heritage tree cannot be cut down without a Department of Public Works removal permit, and Architectural Review Board or Planning Board approval if a construction application is pending.

Key details: Heritage tree defined by: age, rarity, size, historic value. Heritage trees classified as: a protected significant tree. Permit required before removal: yes. Notice period before removal: 20 business days. Removal fee: $50 per tree.

Cutting down a designated heritage tree without the Department of Public Works removal permit required by § 252-4B(2), or without the Architectural Review Board's or Planning Board's separate approval when § 252-6 applies, is a violation of Chapter 252. A contractor who damages a sidewalk or structure while removing the tree is liable for the repair cost under § 252-4B(4), and the approving authority may condition any permit on planting a replacement tree.

The Bottom Line

Mount Vernon'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 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.