Albany City Code Chapter 345 vests jurisdiction over every street tree, park tree, and tree in the public right-of-way in the Department of General Services Forestry Division. It is unlawful for anyone other than DGS to cut, trim, prune, plant, remove, or attach anything to a public tree without a Tree Work Permit. The narrow homeowner exception covers only hand-pruning of branches β€3 inches in diameter, no more than 8 feet above the surface, and without power tools or a ladder. Topping (large-stub cuts) is prohibited outright. Violations carry up to $500 and 15 days in jail.
Chapter 345 of the Albany City Code gives the Department of General Services (DGS) exclusive jurisdiction over "trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues or ways within the City." That includes the planting strip (tree lawn) between the sidewalk and curb, which most homeowners assume is "theirs" because they mow it β legally it is city right-of-way. DGS's Forestry Division (an arborist-led unit, often described in city documents as the Tree Commission function) administers the program and is required to maintain a written plan for the care, preservation, pruning, planting, replanting, removal, and disposition of all trees on public property.
Section 345 (Trees and Vegetation) makes it unlawful for any person other than the Commissioner of General Services or an authorized agent to cut, trim, prune, spray, brace, plant, move, remove, or replace any tree in any public street or park without first obtaining a Tree and Vegetation (Tree Work) Permit. It is separately unlawful to break, injure, deface, mutilate, kill, or destroy any public tree or to attach any wire, rope, sign, paint, or other substance to one. Topping β defined as severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown so as to remove the normal canopy and disfigure the tree β is forbidden as a normal practice; only emergency utility line clearance qualifies as an exception.
A narrow homeowner-self-help exception allows manual trimming of branches that overhang public streets or sidewalks if (1) the branches are three inches or less in diameter, (2) they are no more than eight feet above the street or sidewalk surface, and (3) no power tools and no ladder are used. Any work that requires a chainsaw, pole saw, or ladder triggers the Tree Work Permit requirement regardless of branch size. Permits are obtained from DGS at City Hall and typically require a sketch, the tree species, the proposed work, and an arborist credential for the contractor. Public utilities subject to the New York State Public Service Commission can apply for an annual permit valid for one year to perform necessary clearance work on their lines. Trees on fully private property (not in the right-of-way) are generally not covered by Chapter 345 β but historic-district trees and trees subject to a site-plan condition may still require Historic Resources Commission or Planning Board sign-off.
Any person found guilty of a Chapter 345 violation is liable to a fine of up to $500 and/or imprisonment up to 15 days. Each day a violation continues is a separate offense. Beyond the criminal penalty, the city assesses restitution for the appraised value of any damaged or destroyed street tree (commonly $1,000β$5,000 per mature tree under the International Society of Arboriculture trunk-formula method) and can place a lien on the abutting property for unpaid restitution. Report damage to or unauthorized work on a street tree by calling DGS Forestry through 311 or via SeeClickFix.
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