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Albany, NY Landscaping Rules: Tree Removal & Heritage Trees (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Tree removal permit rules in Albany, NY, sometimes called heritage tree, protected tree, or street tree ordinances, list which trees require a permit before you can cut them down.

Key Facts

Governing law
Albany City Code § 345-5
Permit issuer
Dept. of General Services
Max fine
$500 plus 15 days jail
Tree restitution
$125 per diameter inch
Replacement
Removed tree must be replaced

Summary

In Albany, only the Department of General Services or a permit holder may cut, prune, plant, move, or remove any tree in a public street or park. A tree and vegetation permit must be obtained first, and violations trigger stop-work orders, fines, and per-inch restitution.

It shall be unlawful and it is hereby prohibited for any person other than the Commissioner of the Department of General Services, Assistant Commissioner or his duly authorized agent to cut, trim, prune, spray, brace, plant, move, remove or replace any tree in any public street or public park within the City, or to cause the same to be done, unless and until a tree and vegetation permit has first been obtained pursuant to § 375-5E(11). [Amended 1-5-2009 by Ord. No. 72.122.08; 5-15-2017 by Ord. No. 26.31.17]

B. All persons performing any of the activities listed in Subsection A above must follow standards promulgated by the United States Occupational Safety and Health Administration (OSHA). Permit fees shall be promulgated by the Department of General Services. Any such permit may be declared void and a fine imposed by the Commissioner if its terms are violated. Permitted work shall conform to the American National Standard for Arboricultural Operations - Pruning, Repairing, Maintaining, and Removing Trees, and Cutting Brush - Safety Requirements. A copy of said guidelines can be obtained from the Department of General Services. [Amended 5-15-2017 by Ord. No. 26.31.17]

C. Once a permit is granted, said person is required to have the vehicle and equipment that is used in conjunction with the permitted work marked with the name and telephone number of said person.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4873446; v61 updated 2026-03-18; through 03-18-2026).

Full Breakdown

Albany City Code § 345-5(A) makes it unlawful for anyone other than the Commissioner of the Department of General Services, the Assistant Commissioner, or their authorized agent to cut, trim, prune, spray, brace, plant, move, remove, or replace any tree in a public street or park without first obtaining a tree and vegetation permit. Permitted work must meet OSHA and ANSI arboricultural standards. Under § 345-19, a violation brings a stop-work order (with a $75 lifting surcharge), a fine up to $500, up to 15 days' jail, and $125-per-diameter-inch restitution. Anyone who removes or fatally damages a public tree must also pay to replace it.

Violations & Fines

Cutting, pruning, or removing a public street or park tree without a permit is a violation: a stop-work order plus a $75 lifting surcharge, a fine up to $500, up to 15 days in jail, and $125-per-diameter-inch restitution.

Frequently Asked Questions

Do I need a permit to prune the tree in front of my Albany house?
Yes, if the tree stands in the public street or park. Only the Department of General Services or its authorized permittees may cut, prune, plant, or remove trees on public property.
What happens if I remove an Albany street tree without a permit?
You face a stop-work order, a fine up to $500 and up to 15 days in jail, restitution of $125 per inch of trunk diameter, and you must pay to replace the tree.

Sources & Official References

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