Erie County, NY Landscaping Rules: Tree Trimming (2026)

Erie County's direct authority over trees is limited to land the county owns or controls — primarily Erie County highway right-of-way and Erie County Parks. For county-road ROW, the controlling document is the April 28, 2022 memorandum from Karen Hoak, Deputy Commissioner of Highways, "Policy on Tree Planting on Erie County Highway Right-of-Way," which updates the 1987 policy. The memo provides that ornamental plantings are allowed but trees with a mature trunk diameter exceeding 10 inches are not, and Maple, Elm, Willow, Poplar, Pine, Fir, Cedar, and Birch are absolutely prohibited. Plantings must maintain a clear 5-foot ground-to-lowest-branch height, sit at least 3 feet (preferably 5) behind the curb face or 15 feet behind gutter with stabilized shoulders, be at least 50 feet apart trunk-to-trunk, sit at least 35 feet from pavement edge at intersections, and only appear on roads posted 45 mph or less. A written request per road is required, and the County disclaims responsibility for the plantings — its only obligation is removal if a local municipality fails to care for them. Inside Erie County Parks, the Parks Department rules (erie.gov/parks) state plainly: "Do not cut or destroy any trees or plant life." For trees on private property, residents must check with their town, village, or city — Erie County does not regulate private-yard tree trimming.