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Buffalo, NY Landscaping Rules: Tree Trimming (2026)

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

Key Facts

Trigger
Tree diseased, dead, unsafe or hazardous
Who orders
Commissioner of Parks or authorized agent
Hearing deadline
5 days to request a hearing
Hearing timeline
Held within 10 days of petition
Compliance window
30 days before City acts and bills owner
Emergency power
Immediate action allowed for safety threats

Summary

When a tree on private property in Buffalo turns diseased, dead or otherwise hazardous, City Code § 309-32 lets the Commissioner of Parks order the owner to trim or remove it. Owners get five days to request a hearing before the Commissioner can force the work and bill the property for the cost.

B. Unsafe or hazardous trees. Any tree which is diseased, dead, unsafe or otherwise in a hazardous condition so as to be a danger to persons or property shall be trimmed or removed as required by the condition of the tree. C. Notice. (1) When the Commissioner of Parks or his duly authorized agent shall determine that a tree is a danger to persons or property, he shall immediately serve a notice and an order upon the owner or tenant of such property. (2) Said notice shall contain a description of the premises, a statement of the particulars in which the tree is unsafe or dangerous or otherwise a violation of this section and an order of the Commissioner of Parks or his duly authorized agent requiring said tree to be trimmed or removed.

Source: Buffalo Bureau of ForestryView official code

Full Breakdown

Section 309-32 of the Buffalo City Code, part of Chapter 309, Parks and Other Open Spaces, gives the Commissioner of Parks or an authorized agent power to inspect any private property in the City to check the condition of trees, subject to the general inspection procedures of Chapter 249. Any tree that is diseased, dead, unsafe or otherwise hazardous to persons or property must be trimmed or removed according to its condition. Once the Commissioner determines a tree is dangerous, the Commissioner serves a written notice and order on the owner or tenant, describing the premises and specifying why the tree is unsafe; service can be personal or by registered mail to the owner's last known address on file with the Department of Assessment or City Treasurer, with a copy posted on the premises if mailed.

An owner who wants to contest the order has five days after service to file a written petition for a hearing before the Commissioner or a designated hearing officer, and the City must hold that hearing within 10 days of the petition. If the owner still does not comply within 30 days of the original notice, or the notice as modified after a hearing, the City trims or removes the tree itself and assesses all costs, including the actual cost of the work, against the land.

In a true emergency, where the hazardous condition threatens public safety immediately, the Commissioner can skip the hearing process, enter the property with assistance, and make the tree safe or take it down without delay, again billing the reasonable expense to the property owner.

Violations & Fines

Ignoring a § 309-32 trim-or-remove order for more than 30 days lets the City do the work itself and assess the full cost, including labor, against the property. In emergencies the Commissioner can act immediately without waiting out the notice period, and an owner who wants to challenge an order must file a written hearing request within five days of service or lose the chance to contest it.

Frequently Asked Questions

Can Buffalo make me trim or remove a tree on my property?
Yes, if the tree is diseased, dead, unsafe or otherwise hazardous to people or property. Under City Code § 309-32, the Commissioner of Parks serves a written notice and order describing the hazard and requiring you to trim or remove the tree within a set time.
How do I appeal a Buffalo tree removal order?
File a written petition with the Commissioner of Parks within five days of receiving the notice, stating the grounds for your objection. The City must hold a hearing within 10 days of that filing, and the Commissioner can then affirm, modify or vacate the original order.
What happens if I ignore the notice?
After 30 days of noncompliance with the original notice, or the notice as modified following a hearing, the City trims or removes the tree itself and assesses all costs, including the cost of the work, against the property.
Can the City act immediately without a hearing?
Yes, in emergencies. If the Commissioner of Parks determines a tree's hazardous condition requires immediate action for public safety, the Commissioner can enter the property with assistance and make the tree safe or take it down right away, billing the reasonable expense to the owner afterward.

Sources & Official References

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