Clarkstown, NY Invasive Plant Rules: Prohibited Species (2026)
Key Facts
- Named invasive example
- Norway maple
- Invasive-species designator
- Cornell Cooperative Extension / NYSDEC
- Permit exemption
- NYSDEC-designated invasive trees (§270-6B(3))
- Replacement rule
- Must use noninvasive species (§270-14A)
- General chapter fine range
- $500-$1,500 per violation
Summary
Clarkstown's tree law bars invasive species like the Norway maple from being used as replacement trees: any tree removed illegally must be replaced with a noninvasive species, and NYSDEC-designated invasive trees can be removed without a town tree permit at all.
Any tree destroyed or removed in violation of this chapter shall be replaced by a species which is identical to that removed or is otherwise referred to in the U.S. Soil Conservation Service as compatible with the soil type and shall be sized in accordance with Table 1, with a minimum size of three-inch caliper if deciduous or eight feet in height if coniferous, regardless of the size of the tree removed. Notwithstanding the foregoing, if the tree or trees removed is/are invasive species as defined by Cornell Cooperative Extension, for example, the Norway maple, the replacement tree shall be a noninvasive tree.
Full Breakdown
Town Code §270-14A, the replacement rule in the Tree Preservation Local Law, requires that any tree destroyed or removed in violation of Chapter 270 be replaced with an identical or soil-compatible species sized per Table 1, at a minimum of three-inch caliper for deciduous trees or eight feet in height for conifers. But the same subsection carves out a specific exception for invasive species: if the removed tree was invasive as defined by Cornell Cooperative Extension, naming the Norway maple as its example, the replacement tree must be noninvasive, not a like-for-like match.
Separately, §270-6B(3) exempts from the town's tree removal permit requirement any tree designated by the New York State Department of Environmental Conservation (NYSDEC) as an invasive species, once that status is verified by the Town's Department of Engineering and Facilities Management (DEFM) or a certified arborist. That means Clarkstown residents can clear an invasive tree without first filing a tree removal permit application under §270-6, §270-10 and §270-13's fee, but if any tree is removed unlawfully and turns out to be an invasive species, the town will not let it be replaced with another invasive tree.
This is a narrower rule than a general ban on planting or selling invasive species: Clarkstown's code does not list a broader prohibited-plant catalog, and enforcement here rides on the chapter's general violation and replacement mechanism rather than a standalone invasive-species ban.
Violations & Fines
Replacing a removed tree with an invasive species where §270-14A required a noninvasive replacement is treated as a violation of the chapter's replacement requirement, exposing the owner to the general Chapter 270 penalty under §270-16: a minimum fine of $500 and maximum of $1,500, and/or up to 30 days of community service, at the Justice Court's discretion, with fines deposited into the Town's municipal tree bank fund. Each tree cut or removed in violation counts as a separate offense.
Frequently Asked Questions
Can I remove a Norway maple in Clarkstown without a permit?
Does Clarkstown require replacement trees to be non-invasive?
Does Clarkstown ban planting invasive plants generally?
Sources & Official References
Other rules in Clarkstown
New York rules heatmap·Compare Clarkstown to another location·View the New York invasive plant rules overview
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