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

Chapter 197, Trees and Shrubs, adopted by the Town Board on October 10, 1966 by L.L. No. 3-1966, gives the Superintendent of Highways sole authority to direct, regulate and control the planting, care and removal of trees growing within the right-of-way lines of streets and highways in the Town of Tonawanda, outside the Incorporated Village of Kenmore. Under Section 197-3, no one may remove, move, spray, brace, trim, do surgery work, cut above or below ground, disturb or alter a public tree without first obtaining a written permit; the Superintendent issues it only if the work is necessary and the proposed workmanship is satisfactory.

Watering and cultivating never need a permit. As a condition of a removal permit, Section 197-3B lets the Superintendent require the permittee to plant one or more replacement trees; if the permittee fails to plant the replacement in the time the Superintendent sets, the town can plant it and bill the property according to law. The chapter reaches beyond the right-of-way in one respect: Section 197-8 lets the Superintendent declare a privately owned tree overhanging or interfering with a street a public nuisance if it endangers life, health, safety or property.

The owner gets 15 days' written notice by registered or certified mail to correct or remove it; if the owner does not act, the Superintendent removes it and assesses the cost to the owner. Every permit must state the species, size, nursery grade, location, planting and support method, trimming method and a definite expiration date under Section 197-4, and a permit whose terms are violated may be declared void.