Hempstead, NY Landscaping Rules: Tree Removal & Heritage Trees (2026)
Tree removal permit rules in Hempstead, 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 issuer
- Commissioner of Highways
- Noncommercial permit fee
- $25
- Commercial permit fee
- $150
- Replacement caliper
- 2 inches minimum
- Max fine
- $250 per tree
- Max jail term
- 15 days
- Applies
- Curbside area outside villages
Summary
Outside its incorporated villages, the Town of Hempstead bars anyone from destroying, removing, or substantially altering a tree in the curbside area without a permit from the Commissioner of Highways. A removed tree must be replaced with a two-inch-caliper tree unless the Commissioner waives that duty for hazard or utility conflicts.
No person shall destroy, remove or substantially alter the habit of any tree located within the Town curbside area without obtaining a permit from the Commissioner of Highways of the Town of Hempstead pursuant to § 184-3 hereof. ... In the event that any tree thereby is removed, it shall be required to be replaced by the planting of a tree of a species set forth in § 184-5 hereof, having a trunk diameter not less than two inches when measured six inches above ground level. The preferable location for the planting of a replacement tree is behind the property line of the applicant.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863878; v67 updated 2026-04-28; through 04-28-2026).
Full Breakdown
Chapter 184 of the Town Code covers the curbside area, the strip between the road curb and the abutting property line that has not been paved. Section 184-2 forbids destroying, removing, or substantially altering the habit of any tree there without a Commissioner of Highways permit issued under § 184-3, and any tree removed must be replaced with one having a trunk diameter of at least two inches measured six inches above the ground, preferably planted behind the applicant's property line. The Commissioner can waive that replacement duty if the new tree would sit too close to structures, interfere with utility, drainage, or sewer lines, or create a hazardous sidewalk condition.
Section 184-3 sets permit fees: $25 for a tree abutting noncommercial property and $150 for one abutting commercial property, with applications taken by the Commissioner of Highways in whatever form the office requires. During grading, excavation, or building construction, § 184-9 requires trees on the site to be guarded with a fence, frame, or box at least four feet high and eight feet square, or a distance equal to the trunk diameter in inches, whichever is larger. Under § 184-11, the Town Board reviews subdivisions, lot reapportionments, zone changes, and site plans for tree preservation, and any filed plan must carry a tree legend identifying by number, species, and caliper (four inches or more) which trees will be preserved, removed, or replaced.
Violations & Fines
Section 184-12 makes each illegal removal or substantial alteration a violation punishable by a fine up to $250, imprisonment up to 15 days, or both, with every tree counted as a separate offense. The Town can also sue for an injunction and order the violator to replant with two-inch-caliper trees; until replacement is done or a replacement bond is posted, no building permit or certificate of occupancy will issue for the property.
Frequently Asked Questions
Do I need a permit to cut down any tree on my property in Hempstead?
How much does a Hempstead tree removal permit cost?
What happens if I remove a curbside tree without a permit?
Does this Town chapter apply if I live in Freeport or Rockville Centre?
Sources & Official References
Other rules in Hempstead
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