Tree Removal & Heritage Trees: Albany vs Colonie
How do tree removal & heritage trees rules compare between Albany, NY and Colonie, NY?
Albany has fewer restrictions than Colonie.
Albany, NY
Albany County
No countywide tree preservation ordinance in Albany County. Private property tree removal allowed without permit in unincorporated areas. City of Albany protects street trees via DGS.
View full Albany rules →Colonie, NY
Albany County
Tree removal in the Town of Colonie is governed by Chapter 177 (Trees), adopted June 25, 1970 by Local Law No. 6-1970, and by Chapter 190 (Zoning and Land Use). The Planning Board may require that trees be left standing in approved subdivisions, and no live tree exceeding three inches in diameter may be cut down in such designated areas without express Planning Board consent. Trees may be cut to the footprint of approved buildings or driveways and within 10 feet of their perimeter. Routine removal of dead or hazardous trees on a private residential lot outside a protected area generally does not require a Town permit.
View full Colonie rules →Key Facts Comparison
| Fact | Albany | Colonie |
|---|---|---|
| Private Removal | No permit (unincorporated) | - |
| Street Trees | City of Albany DGS permit | - |
| Heritage Trees | Not designated | - |
| Wetlands | NYSDEC Article 24 applies | - |
| Utility Pruning | PSC Case 12-E-0533 | - |
| Controlling Chapter | - | Town Code Ch. 177 Trees (LL 6-1970) |
| Subdivision Trigger | - | Live tree over 3 inches DBH |
| Consent Required From | - | Town of Colonie Planning Board |
| Cutting Allowed | - | Building footprint + 10 ft perimeter |
| Right-of-Way Trees | - | Coordinate with DPW |
Highlighted rows indicate differences between cities.
Albany FAQ
Can I remove a tree in my backyard in Albany County?
Yes, on private property in unincorporated towns, you may remove your own trees without permit unless they are in an NYSDEC-regulated wetland or 100 ft wetland buffer.
Can I cut down a tree in front of my City of Albany house?
Only trees fully on your private property; street trees in the sidewalk or tree lawn are city-owned and require a DGS permit. Call Albany DGS Forestry at 518-434-5995.
What if my neighbor's tree branches hang over my yard?
Under NY common law, you may prune branches back to the property line at your own expense, without damaging the tree. You cannot enter the neighbor's property to cut.
Colonie FAQ
Do I need a permit to remove a tree on my Colonie property?
For routine removal of a dead, diseased, or hazardous tree on a private residential lot outside a Planning-Board-protected subdivision area, no Town permit is typically required. Removal of a live tree over three inches in diameter in a designated protected area requires Planning Board consent under Chapter 177. Trees on the right-of-way require coordination with the Department of Public Works.
How do I remove a tree in a Colonie subdivision protected by the Planning Board?
File a request with the Town of Colonie Planning Division to amend the approved subdivision plan and obtain Planning Board consent under Chapter 177. The Planning Board may require replacement plantings or other conditions. The Conservation Advisory Council typically reviews and recommends. Unauthorized removal violates Chapter 177 and Chapter 190 conditions.
Can I remove a hazardous tree without Planning Board approval?
Routine removal of a dead, diseased, or hazardous tree on a private lot outside a designated protected area generally does not require Town approval. Document the hazard (arborist report, photographs). If the tree is in a protected subdivision area or in the right-of-way, contact the Planning Division or DPW for expedited review before removal.
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