Hempstead, NY Landscaping Rules: Tree Trimming (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.
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?
Can the Town force me to trim or remove a tree?
Can a utility company trim trees near power lines without my permission?
Sources & Official References
Other rules in Hempstead
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