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Oyster Bay, 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 Oyster Bay, 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 authority
Town of Oyster Bay Department of Parks
Regulated tree size
8+ inches DBH
Application fee
$5/inch DBH, $50-$75 range
Filing deadline
10 workdays before removal
Permit term
6 months, renewable for $150
Fine range
$350 to $1,000 per tree
Appeal body
Tree Management Commission, 30 days

Summary

Oyster Bay requires a Department of Parks tree removal permit before cutting down any tree with a trunk 8 inches or more in diameter at breast height. Applications cost $5 per inch of cumulative DBH removed, capped at $75 per tree with a $50 minimum, and must be filed at least 10 workdays before the work.

Except as specifically permitted elsewhere in this chapter, it shall be unlawful to remove a tree, as defined herein, unless a tree removal permit is granted pursuant to the requirements of this chapter.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4036544; v24 updated 2023-03-07; through 03-07-2023).

Full Breakdown

Town Code Chapter 225 makes it unlawful to remove a regulated tree (a living woody plant with an erect trunk and a DBH of 8 or more inches) without a permit from the Department of Parks, the designated approval authority under § 225-3. Three activities are exempt by right under § 225-4: removing a dead, diseased or severely damaged tree as determined by the Parks Commissioner; emergency removal to protect life or property; and forest-management work on land enrolled under RPTL § 480-a. Applicants file under § 225-5 with the owner's name, tax map designation, a description of the proposed removal, a site plan showing every tree to be cut and preserved, and a mitigation/replanting plan; the application fee is $5 per inch of cumulative DBH removed, not more than $75 per tree and not less than $50 total, and can be waived or reduced for three or fewer trees at the Commissioner's discretion.

Filings are due at least 10 workdays before the planned removal date. Under § 225-6 the approval authority weighs the tree's species (checking the New York State Rare Plant List), condition, necessity of removal, alternatives, drainage and erosion impacts, and can condition a permit on replanting an equivalent species, posting a bond, and following the recommended shade-tree list for street and parking-lot plantings. Permits run six months and can be renewed for a $150 fee filed at least 20 workdays before expiration; the Commissioner can suspend or revoke a permit by stop-work order for noncompliance, and the approved permit must be posted along the street frontage until the work is finished and signed off by the Department of Parks under § 225-11.

Violations & Fines

Violating Chapter 225 is an offense carrying a fine of not less than $350 and not more than $1,000, or up to 15 days in jail, or both, under § 225-12. Each tree removed or substantially damaged counts as a separate offense. As an alternative or in addition to the fine, the violator can be ordered to replant new trees, of a type, size and location set by the Parks Commissioner, up to the total DBH of the trees unlawfully removed or damaged.

Frequently Asked Questions

Do I need a permit to remove a tree in the Town of Oyster Bay?
Yes, if the tree has a trunk 8 inches or more in diameter at breast height. Town Code § 225-3 makes it unlawful to remove such a tree without a permit from the Department of Parks, unless the removal falls under one of the by-right exemptions in § 225-4.
What tree removals don't need a permit?
Section 225-4 exempts removal of a dead, diseased or severely damaged tree confirmed by the Parks Commissioner, removal under an actual emergency threatening life or property, forest-management activity on land enrolled under RPTL § 480-a, and removals tied to authorized Town projects.
How much does an Oyster Bay tree removal permit cost?
The fee is $5 per inch of cumulative DBH of all trees to be removed, capped at $75 per tree, with a $50 minimum per application under § 225-5(A)(7). For applications involving three or fewer trees, the Parks Commissioner can waive or reduce the fee if adequate replanting mitigation is offered.
What happens if I cut down a tree without a permit in Oyster Bay?
Under § 225-12 you face a fine of $350 to $1,000, up to 15 days in jail, or both, and each tree removed or damaged is a separate offense. The Parks Commissioner can also order replacement trees instead of, or along with, the fine.

Sources & Official References

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