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North Hempstead, 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 North 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

Trigger diameter
6 inches or more at 4.5 feet high
Permit authority
Commissioner of Buildings
Where it applies
Front yards of private property
Replacement fee
At least $300 per tree
First offense fine
$350 to $1,000 or 15 days
Repeat offense fine
$600 to $2,000 within 5 years

Summary

In North Hempstead, removing, destroying or fatally harming any tree six inches or more in diameter in a front yard requires a tree removal permit from the Commissioner of Buildings. Applicants must submit a plot plan, photos and tree condition information, and can pay a fund contribution of at least $300 per tree instead of replanting.

No person shall remove, destroy or substantially alter the habitat of any tree to cause the death of any tree which is six inches or greater in diameter and located within a front yard, or cause the same to be done, unless a tree removal permit is first obtained from the Commissioner of Buildings and the action is not in connection with any other activity for which a permit is required under § 2-9A.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4892187; v82 updated 2026-04-21; through 04-21-2026).

Full Breakdown

Town Code Chapter 20A regulates trees on private property through the Commissioner of Buildings. 2, no one may remove, destroy or substantially alter a tree six inches or greater in diameter within a front yard without first obtaining a tree removal permit, unless the work is tied to another activity already permitted under § 2-9A. The application must include the applicant's name, address and legal status, written consent of any co-owners, a to-scale plot plan showing every existing and proposed tree in the front yard, photos of each tree slated for removal, its species and diameter, and a diagram showing where replacement trees will go.

For trees claimed to be diseased or hazardous, the Building Commissioner can require a signed statement from a New York State certified arborist. In deciding whether to grant or deny the permit, the Commissioner weighs the necessity of removal, the tree's ecological and aesthetic value, whether it can realistically be replaced, its significance based on size, species rarity or historical value, whether it appears on the Town's inventory of landmark trees, the effect on erosion control and neighborhood character, and whether removal would cause the applicant undue hardship.

Instead of replanting, the Commissioner may require payment of at least $300 per tree into the Tree Fund established under § 20A-13, due before the Building Department issues a certificate of tree planting.

Violations & Fines

A first violation of Chapter 20A, including cutting down a protected front-yard tree without a permit, draws a fine of $350 to $1,000 or up to 15 days in jail. A second or subsequent offense committed within five years runs $600 to $2,000 or up to 15 days. The Town can also sue for an injunction and order replacement trees, and each tree removed, destroyed or substantially altered in violation counts as a separate offense.

Frequently Asked Questions

Do I need a permit to cut down a tree in my North Hempstead front yard?
Yes, if the tree is at least six inches in diameter. Section 20A-5.2 requires a tree removal permit from the Commissioner of Buildings before you remove, destroy or substantially alter it, unless the removal is already covered by another permit under § 2-9A.
What if I don't want to replant the tree I remove?
The Building Commissioner can accept a payment into the Tree Fund instead of replanting, but the fee is at least $300 per tree under § 20A-13E, and it must be paid before the Building Department will issue a certificate of tree planting.
What can get my tree removal permit denied?
The Commissioner looks at the tree's size, species rarity, historical value and whether it's on the Town's inventory of landmark trees, plus its ecological role, effect on erosion control and the neighborhood's character. A diseased tree or one endangering a sewer line weighs toward approval instead.

Sources & Official References

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