Cheektowaga, NY Landscaping Rules: Tree Removal & Heritage Trees (2026)
Tree removal permit rules in Cheektowaga, 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
- Permit needed
- to remove any tree in the town
- Exempt: small residential lots
- caliper under 12 in., ≤1/2 acre
- Exempt: larger/vacant lots
- caliper under 4 in.
- Fee waiver
- 3 or fewer trees, residential
- Replacement ratio
- 1-for-1, min. 2.5-inch caliper
- Civil penalty
- up to $2,500 per tree
- Criminal fine
- up to $500 or 15 days jail
Summary
Cheektowaga requires a Building Inspector permit before removing or destroying any tree on land in the town, with narrow size exceptions for small residential and vacant lots. Unpermitted removal draws both a criminal fine and a civil penalty of up to $2,500 per tree, and most removals must be replaced one-for-one.
Subject to the exceptions of Subsection B of this section, it shall be unlawful for any owner of real property, or any other person, to cause, permit or allow the removal or destruction of any tree growing on land within the town without obtaining a tree removal permit from the Town Building Inspector.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996449; v35 updated 2026-05-26; through 05-26-2026).
Full Breakdown
Section 229-2A makes it unlawful for any property owner or other person to "cause, permit or allow the removal or destruction of any tree growing on land within the town" without a tree removal permit from the Building Inspector, subject to the exceptions in Subsection B. Those exceptions cover trees under 12 inches in caliper on developed residential lots of a half-acre or less, trees under four inches in caliper on larger or vacant lots, working farms/nurseries/orchards, utility company maintenance work, hazardous trees, and residential lots developed before January 1, 1992 with an area under 10,200 square feet and width under 60 feet.
Section 229-3 requires an application to the Building Inspector with a tree preservation plan or survey; the Town Board sets the review fee by resolution, but no fee applies if a residential applicant is removing three or fewer trees. Section 229-4 lists twelve decision factors, including hardship, the tree's rarity or landmark status, stormwater runoff, and disease, with a 30-day decision deadline (extendable by 15 days after written notice of inaction) and a 30-day window to appeal an adverse decision to the Town Board. 5-inch caliper when a permit, building permit, or site/subdivision plan is involved, unless the Building Inspector approves fewer or the Town accepts payment into a reforestation account instead.
Violations & Fines
Section 229-8A makes every violation punishable by a fine up to $500 or imprisonment up to 15 days, or both, per offense, plus a separate civil penalty equal to the tree's value, capped at $2,500 per tree, for unlawful removal on private property. Under § 229-8B, anyone who unlawfully cuts trees in connection with a development, improvement, use change or rezoning is denied any further Town permit for that project until a remedial tree-planting plan is approved by the Building Inspector or Planning Board.
Frequently Asked Questions
Do I need a permit to cut down a tree in my Cheektowaga yard?
What happens if I remove a tree without a permit?
Do I have to replace a tree I'm permitted to remove?
Sources & Official References
Other rules in Cheektowaga
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Tree Removal & Heritage Trees in Nearby Cities
How other cities in Erie County handle tree removal & heritage trees.