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

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

Tree removal permit rules in Greenburgh, 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 threshold
Trees over 8 inches DBH
Enforcing officer
Town Forestry Officer
Base fine range
$500 to $3,000 per tree
Civil penalty
Up to $1,000/day per tree
Appeal window
10 business days to Town Clerk
Replacement requirement
90% of environmental value, native species

Summary

Greenburgh requires a tree removal permit before you cut, top, injure or kill any tree over eight inches in diameter at breast height anywhere in the unincorporated Town. The Forestry Officer reviews applications, and cutting a regulated tree without one draws a per-tree fine plus mandatory replacement planting.

No person shall cut down, remove, perform topping, excessively prune, cause injury to, damage, wound, break, kill, destroy, or commit any act which will lead to the eventual removal of any tree regulated by this chapter, without first obtaining a tree removal permit issued pursuant to this chapter, which permit shall be in force and effect at the time of such tree removal. ... Unless in possession of a tree removal permit issued pursuant to this chapter, no person shall purposely, carelessly or negligently cut down, remove, perform topping, excessively prune, cause injury to, damage, wound, break, kill, destroy, or commit any act which will lead to the eventual removal of: (1) Any tree that is greater than eight inches in diameter (twenty-five-inch circumference) at breast height (DBH), measured at 4.5 feet above natural grade level.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4570580; v39 updated 2025-10-22; through 10-22-2025).

Full Breakdown

Town Code Chapter 260 bans cutting down, removing, topping, excessively pruning, injuring, damaging or killing any regulated tree without a valid tree removal permit in force at the time of the work (§ 260-3A). Regulated trees include anything over eight inches DBH townwide, trees over four inches DBH in a wetland/watercourse buffer or six inches on an excessively steep slope, any tree the DEC lists as a protected native plant, any "Designated Tree" tied to a Town approval, and any public or street tree (§ 260-4A).

Applications route to whichever Board already has jurisdiction over the project, or to the Forestry Officer directly for routine removals; the Forestry Officer coordinates timing with any related building, subdivision, site plan or stormwater permit (§ 260-7). Permits can be granted, conditioned or denied under the standards in § 260-8, which generally requires replacement trees equal to 90% of the removed tree's environmental value (only 30% on undeveloped forested land tied to new construction), selected from the Town's Official Replacement Planting List, with at least 50% native species.

Fees are set by the Town Board, cut in half for applications to remove just one or two trees in a calendar year, and waived entirely for invasive species (§ 260-12A). An applicant who disagrees with a Forestry Officer denial has 10 business days to file a written administrative appeal with the Town Clerk; the Conservation Advisory Council then mediates for up to 45 days before the Town Board holds a hearing within 30 more days (§ 260-13A).

Violations & Fines

Unpermitted removal is a violation punishable in Town Court on a per-tree, size-based scale: up to $500 for trees to eight inches DBH, $1,500 for eight to 12 inches, and $3,000 above 12 inches (§ 260-12G). Fines double if more than five regulated trees are affected, if clear-cutting occurred, or if the act happened while an application was pending, and a civil penalty of up to $1,000 per day per tree can also be assessed (§ 260-12H). A hired tree company that removes a regulated tree without confirming a valid permit faces its own fine of up to $5,000 per tree, reported to Westchester County (§ 260-12J).

Frequently Asked Questions

Do I need a permit to remove a tree in my Greenburgh yard?
Yes, if the tree measures more than eight inches in diameter at breast height (25-inch circumference) anywhere in unincorporated Greenburgh, per Town Code § 260-4A(1). Smaller trees and invasive species don't need a permit, but anything above that threshold requires Forestry Officer approval before you cut, top or kill it.
What happens if I remove a regulated tree without a permit?
Town Court can fine you per tree, from $500 for a small tree up to $3,000 for one over 12 inches DBH, doubled if you remove more than five trees or clear-cut the property, plus a civil penalty of up to $1,000 a day per tree under § 260-12H.
Can I appeal if the Forestry Officer denies my tree removal permit?
Yes. File a notice of administrative appeal with the Town Clerk within 10 business days of the determination, per § 260-13A. The Conservation Advisory Council mediates for up to 45 days, and if that fails, the Town Board holds a hearing within 30 days to grant, deny or condition the permit.

Sources & Official References

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