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

Town Code Chapter 179, Article V governs removal. Section 179-11(A) sets the trigger at any tree "having a caliper greater than four (4) inches, measured six (6) inches above grade, growing on privately owned land within the Town": cutting, killing or destroying one, or hiring someone else to, requires a permit from the Commissioner of Building. A permit is barred outright for a tree in a regulated or jurisdictional wetland unless NYSDEC, USEPA or the Army Corps of Engineers has separately approved the removal. Street or park trees cannot be cut down without the Highway Superintendent's permission, and topping a public tree is unlawful except by Highway Superintendent order for storm damage or utility-wire conflicts (§ 179-9).

Four exceptions in § 179-11(B) skip the permit: owners clearing on a residential or single/two-family building-permit tract of one acre or less, trees that are an emergency danger from disease or accident, utility/gas company maintenance work, and removals required by other law. If the removal is tied to a site plan or subdivision application under Chapter 203 (Zoning) or Chapter 204 (Subdivision of Land), the Town Board or Planning Board's site or plat approval doubles as the tree removal permit and no separate application is needed (§ 179-11(C)(1)).

Otherwise, the applicant files with the type, size and location of each tree, and the Commissioner of Building decides after the Division of Forestry reviews it against seven factors in § 179-11(D), including hardship, runoff impact, screening needs and whether the tree is a landmark or rare specimen. Issuance is discretionary: the Commissioner can approve or deny even if the Division of Forestry recommended approval. An application not acted on within 30 days (outside site plan/subdivision review) is deemed approved under § 179-11(E)(2). Stumps of removed street and park trees must be cut below grade so nothing projects above the surface (§ 179-10).