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Amherst, NY Landscaping Rules: Tree Trimming (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Required clearance
8 feet above street or sidewalk
Who must prune
Owner of the overhanging tree
Fine range
$100 to $250 per offense
Max jail term
15 days
Civil penalty cap
$2,500 per tree
Enforcing officer
Commissioner of Building

Summary

Amherst Town Code puts the pruning duty on the property owner: any tree overhanging a street or right-of-way must be trimmed so branches don't block the view at an intersection and so at least eight feet of clearance is kept above the street or sidewalk surface. The Town can also order removal of hazardous limbs.

Every owner of any tree overhanging any street or right-of-way within the Town shall prune the branches of said tree so that such branches shall not obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owners, upon notice by the Town, shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a danger and menace to the safety of the public.

Full Breakdown

Chapter 179, Trees, was adopted May 18, 1992, and rewritten in its entirety on March 9, 2020. Section 179-7, Pruning by owners; street intersections, assigns the trimming obligation directly to whoever owns a tree that overhangs a Town street or right-of-way, not to the Town itself: the owner must keep branches from obstructing the sightline at any street intersection and must maintain a clear space of eight feet above the surface of the street or sidewalk. If the Town gives notice, the same owner must remove dead, diseased, or dangerous trees, or any broken or decayed limbs that endanger the public.

This owner duty sits alongside two Town powers in the same article: § 179-6 lets the Division of Forestry prune, treat, maintain, and preserve street or park trees for safety or appearance, and § 179-8 lets the Highway Superintendent prune private trees or shrubs that interfere with a streetlight's spread or block a traffic control device or sign. Article IX backs the owner duty with teeth: § 179-25 makes it unlawful to interfere with the Highway Superintendent or staff doing this maintenance work, and § 179-26 sets the penalty scale for any Chapter 179 violation. The chapter is administered and enforced by the Commissioner of Building under § 179-29.

Violations & Fines

A violation of § 179-7, including ignoring a Town notice to clear a hazard, is punishable under § 179-26 by a fine of $100 to $250, imprisonment up to 15 days, or both; removing each tree is a separate offense. A court may also impose a civil penalty up to $2,500 per tree for unlawfully destroying it. The Commissioner of Building administers and enforces Chapter 179 under § 179-29.

Frequently Asked Questions

Who has to trim a tree that overhangs an Amherst street?
The tree's owner. Amherst Code § 179-7 requires anyone whose tree overhangs a street or right-of-way to prune it so branches don't obstruct the view at intersections and to keep at least eight feet of clearance above the street or sidewalk surface.
What happens if I ignore a Town notice to remove a dangerous limb?
Section 179-7 lets the Town order removal of dead, diseased, or dangerous trees and broken or decayed limbs that endanger the public. Ignoring that notice exposes the owner to the Chapter 179 penalty in § 179-26: a $100 to $250 fine, up to 15 days in jail, or both.
Can the Highway Superintendent prune my tree without my permission?
Only in a limited case. Section 179-8 lets the Highway Superintendent prune private trees or shrubs that block a streetlight's spread or interfere with a traffic control device or sign. Ordinary clearance trimming over a street or sidewalk remains the owner's job under § 179-7.
Does the eight-foot rule cover sidewalks or only streets?
Both. Section 179-7 sets a single standard: branches overhanging a street or right-of-way must leave a clear space of eight feet above the surface of either the street or the sidewalk, in addition to staying clear of any intersection sightline.

Sources & Official References

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