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

Tree removal on public property in New York City is tightly controlled by the Department of Parks and Recreation. Administrative Code Sec. 18-129(a) makes it unlawful to cut, remove, or in any way destroy any tree or other vegetation on public property under the Commissioner's jurisdiction without first acquiring the Commissioner's written consent. Street trees in the public right-of-way fall under this jurisdiction even though they abut private property, so a homeowner who wants a street tree removed must apply to Parks for a Tree Work Permit rather than removing it independently; DPR foresters assess whether removal is justified (for example, for a dead or hazardous tree).

For privately owned trees not in the right-of-way, Sec. 18-105 leaves them outside the Commissioner's jurisdiction unless the owner asks Parks to assume control, so on-lot private trees are generally not subject to a city removal permit. Beyond the criminal fine and jail exposure, Sec. 18-129(b) authorizes a civil penalty recoverable before the Environmental Control Board, and a separate provision allows the City to deny a violator the ability to obtain written consent to cut or remove any public tree for up to two years following a conviction or civil penalty.