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

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

Tree removal permit rules in New Rochelle, 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 trigger
Lots 1 acre or more: any tree
Unimproved lot threshold
Over 3 trees/year or any specimen tree
Specimen tree size
24-inch DBH or greater
Max fine
$1,000 or 15 days jail
Enforcement
Building Official
Mitigation
Replace DBH or pay Tree Fund fee

Summary

Removing any tree from a New Rochelle lot of one acre or more, or cutting more than three trees a year (or any specimen tree with a trunk 24 inches or wider) from a smaller unimproved lot, requires a Tree Removal Permit from the City's Bureau of Buildings under Code § 301-21. Fees are set in Chapter 133.

No person shall remove or cause the tree removal of any tree on a lot comprised of one acre or more without first obtaining a Tree Removal Permit from the City of New Rochelle. ... No person shall remove or cause the Tree Removal from any Unimproved Lot comprised of less than one acre of more than three Trees in any given twelve-month period or any specimen tree without first obtaining a Tree Removal Permit from the City of New Rochelle. ... Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not to exceed $1,000 or by imprisonment for a term not exceeding 15 days, or both.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4601407; v60 updated 2025-12-02; through 12-02-2025).

Full Breakdown

Chapter 301, Article III defines a regulated TREE as any living woody plant with a trunk diameter at breast height (DBH) of eight inches or more, and a SPECIMEN TREE as one with a DBH of 24 inches or greater; specimen trees need a permit no matter how small the lot. Applications go to the New Rochelle Bureau of Buildings on the Bureau's forms, and the permit fee for each tree is set in Chapter 133, Fees. An applicant seeking a Building Official permit must notify every abutting property owner by certified mail, return receipt requested, at least 15 days before a decision, and file the receipts with the Building Official first; applicants going through the Planning Board as part of a subdivision or site plan instead follow the public notice rules in § A361-4 or § 331-121.

Section 301-22 lists three grounds for granting a permit: the tree endangers the public or a neighboring property, confirmed by a DPW Tree Inspector, with no fee charged; the tree is diseased or threatens other trees, again confirmed by a Tree Inspector at no fee; or the tree substantially interferes with proposed construction, a call made by the Planning Board on subdivision and site plan matters or by the Building Official otherwise, with the standard fee applying. Several removals are exempt entirely under § 301-25: any tree on an improved lot under one acre, emergency removals necessary to protect life or property, trees under eight inches DBH, and up to two trees per year on an unimproved lot under one acre.

Where a permit issues, § 301-24 requires replacement: new trees with a combined DBH equal to what was removed, or, only when planting is impractical, a fee-in-lieu paid into the City Tree Fund based on the DBH difference, due within one year of permit approval.

Violations & Fines

Violating Article III, including removing a tree without the required permit, is punishable under § 301-32 by a fine up to $1,000 or up to 15 days in jail, or both, with each tree removed and each day the violation continues counted as a separate offense. The Building Official, who enforces the article under § 301-33, can also require the violator to replace every improperly removed tree in kind or pay the § 301-24 fee-in-lieu, and no building permit or certificate of occupancy will issue for new construction on the property until that replacement obligation is satisfied.

Frequently Asked Questions

Do I need a permit to cut down a tree on my New Rochelle property?
New Rochelle requires a Tree Removal Permit under § 301-21 for any tree removed from a lot of one acre or more. On a smaller unimproved lot you can remove up to three trees in a twelve-month period without a permit, but a fourth tree, or any single specimen tree with a trunk 24 inches or wider, still needs one.
What is a specimen tree in New Rochelle's code?
Section 301-20 defines a specimen tree as any tree with a diameter at breast height, measured four and a half feet up the trunk, of 24 inches or greater. Removing a specimen tree always needs a Tree Removal Permit, even on a small unimproved lot where ordinary trees are allowed without one.
What happens if I remove a tree without a permit?
Section 301-32 makes an unpermitted removal punishable by a fine up to $1,000 or 15 days in jail, with each tree and each day of the violation counted separately, and you still must replace the tree or pay into the City Tree Fund before any building permit or certificate of occupancy will issue.

Sources & Official References

Other rules in New Rochelle

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