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

Chapter 270 opens with a legislative-intent finding that trees stabilize slopes, control water pollution, purify air, mitigate noise and reduce energy consumption, and it applies to every property owner in the Town, including owners of existing single-family homes, not just subdivision or site-plan applicants (§ 270-2, § 270-4). Section 270-6A lists when a tree removal permit from the Department of Engineering and Facilities Management (DEFM) is required: any NYSDEC-designated protected native plant; any tree of 8-inch DBH or greater inside the Town of Clarkstown Historic District or on a historically designated property; an 8-inch-DBH-or-greater tree tied to new single-family construction (with an exclusion for trees within the septic field, driveway and 30 feet of the building footprint); more than one 8-inch-DBH tree removed per 5,000 square feet of a single property within three calendar years; trees in a wetland or within 25 feet of a drainageway's top of bank; and trees on steep slopes defined in § 290-3.

Section 270-6B exempts dead trees verified by the DEFM or a certified arborist, trees posing imminent danger (with a seven-day documentation window), NYSDEC-listed invasive species, and trees already shown for removal on an approved tree preservation plan. Anyone cutting beyond the § 270-6A(5) density allowance must file a tree preservation plan providing replacement trees sized per Table 1 (§ 270-6C). Replacement trees generally must match the species removed or be soil-compatible, at a minimum three-inch caliper if deciduous or eight feet if coniferous, and noninvasive if the removed tree was invasive (§ 270-14A). Denials can be appealed to the Zoning Board of Appeals within 10 business days, with a hearing required within 60 calendar days (§ 270-15).