Tree removal permit rules in Colonie, NY β sometimes called heritage tree, protected tree, or street tree ordinances β list which trees require a permit before you can cut them down.
Tree removal in the Town of Colonie is governed by Chapter 177 (Trees), adopted June 25, 1970 by Local Law No. 6-1970, and by Chapter 190 (Zoning and Land Use). The Planning Board may require that trees be left standing in approved subdivisions, and no live tree exceeding three inches in diameter may be cut down in such designated areas without express Planning Board consent. Trees may be cut to the footprint of approved buildings or driveways and within 10 feet of their perimeter. Routine removal of dead or hazardous trees on a private residential lot outside a protected area generally does not require a Town permit.
Tree-removal authority in the Town of Colonie centers on Chapter 177 (Trees) of the Code of the Town of Colonie (https://ecode360.com/13241663), adopted by the Town Board on June 25, 1970, as Local Law No. 6-1970, with related provisions in Chapter 190 (Zoning and Land Use) (https://ecode360.com/13241671). The Town Board found that excessive cutting of trees on large tracts had caused increased surface drainage and soil erosion. Chapter 177 empowers the Planning Board, during subdivision and site-plan review under Chapter 190, to require that trees be left standing in designated areas on the plat or subdivision; no live tree exceeding three inches in diameter may be cut down in such areas without express Planning Board consent indicated on the approved plan. The Planning Board may further require that trees not be removed from any building plot on the subdivision except where the area is to be occupied by the building, with cutting permitted in areas to be occupied by buildings or driveways and within 10 feet of their perimeter. Routine removal of a single dead, diseased, or hazardous tree on a private residential lot that is outside a Planning-Board-protected area generally does not require a Town permit. Removal of trees within the Town right-of-way or on Town property must be coordinated with the Department of Public Works. Major-development projects with disturbance over one acre also trigger NYS DEC SPDES Construction General Permit (GP-0-20-001) requirements under 6 NYCRR Part 750. The Conservation Advisory Council reviews development plans and provides recommendations on tree preservation.
Cutting a Planning-Board-protected tree exceeding three inches in diameter without consent violates Chapter 177 and the conditions of the approved subdivision plan under Chapter 190. Standard Town Code violation penalties apply, plus possible replacement-planting and re-grading conditions imposed by the Planning Board, and potential issuance of a stop-work order on related construction. Unauthorized removal of a Town right-of-way tree may trigger restitution for the appraised value of the tree (ISA tree-appraisal methodology) plus general code penalties. Large-scale unauthorized clearing may also trigger NYS DEC stormwater enforcement under 6 NYCRR Part 750.
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