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Hempstead, NY Landscaping Rules: Tree Trimming (2026)

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

Key Facts

Duty holder
Owner, tenant, or occupant
Trimming standard
Limbs must not block sidewalk/roadway
Order authority
Town Board, by resolution
Notice procedure
Same as Chapter 181 sidewalk repairs
Stump requirement
Ground 6 inches below grade
Utility trimming
Allowed without permit, debris removed
Max fine
$250 for noncompliance

Summary

Owners, tenants, and other occupants in the Town of Hempstead's unincorporated area must keep trees near their property trimmed so overhanging limbs do not interfere with people on the sidewalk or roadway, and the Town Board can order additional trimming or removal by resolution.

It shall be the duty of every owner, tenant or other occupant of any house or structure, and every owner or person entitled to possession of any vacant lot, to remove trees when required to do so by Town authorities, to keep trees in front of or adjacent to their premises and within the sidewalk area trimmed so that overhanging limbs will not interfere with passersby on the sidewalk or roadway and to repair any sidewalk or curb in front of or adjacent to such premises damaged by tree roots located in front of or adjacent to said premises, whether or not within the property line or sidewalk area.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863878; v67 updated 2026-04-28; through 04-28-2026).

Full Breakdown

Section 184-6(A) puts the trimming duty on every owner, tenant, or other occupant of a house or structure, and every owner or person entitled to possession of a vacant lot: they must remove trees when Town authorities require it, keep trees in front of or adjacent to their premises and within the sidewalk area trimmed so overhanging limbs do not interfere with passersby on the sidewalk or roadway, and repair sidewalk or curb damage caused by tree roots on or near the premises. Section 184-6(B) lets the Town Board, by resolution, require removal of a sidewalk-area tree when underground utility work is planned or the tree is found hazardous, damaging to the sidewalk, curb, roadbed, or utility facilities, or require trimming and sidewalk repair, using the same notice procedure set out for sidewalk repairs in Chapter 181.

When a tree is removed, § 184-6(C) requires the stump be ground down to six inches below ground level and covered flush with the surface. Section 184-7 separately authorizes public utility company employees, in the course of servicing existing utility facilities, to prune, trim, or alter trees within accepted horticultural practice without a separate trimming permit, provided they remove all resulting debris; but if a utility company wants to remove a tree outright, it must first obtain a permit from the Commissioner of Highways.

Violations & Fines

Failure to keep trees trimmed as § 184-6 requires, or noncompliance with a Town Board resolution ordering trimming or removal, is enforceable as a Chapter 184 violation under § 184-12, carrying a fine up to $250, up to 15 days imprisonment, or both, plus the Town's option to bring a civil action or injunction to compel the work.

Frequently Asked Questions

Who has to trim overhanging tree limbs near a Hempstead sidewalk?
Section 184-6(A) puts that duty on the owner, tenant, or other occupant of the property, and on the owner or person entitled to possession of a vacant lot, requiring limbs be kept clear of sidewalk and roadway passersby.
Can the Town force me to trim or remove a tree?
Yes. Section 184-6(B) lets the Town Board order removal or trimming by resolution when a tree is hazardous, blocks utility work, or damages the sidewalk, curb, or roadbed, using the same notice steps as Chapter 181 sidewalk repairs.
Can a utility company trim trees near power lines without my permission?
Section 184-7 authorizes utility company employees servicing existing facilities to prune or trim trees within accepted horticultural practice and clean up the debris, without needing a separate Town trimming permit.

Sources & Official References

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