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Oyster Bay, NY Landscaping Rules: Tree Trimming (2026)

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

Key Facts

Utility trim permit
Automatic, no application, § 225-7
Who qualifies
PSC-regulated utilities, public agencies
Scope of trimming
Street-adjacent and encroaching private trees
Removing a street tree
Needs Highway Superintendent's consent, § 225-8
General chapter fine
$350-$1,000 or 15 days jail

Summary

Oyster Bay hands trimming of trees overhanging its public streets to the utility companies themselves: any utility under state Public Service Commission jurisdiction holds a standing permit to cut back trees, whether Town-owned or private, that encroach on the roadway for safety reasons.

Any person doing business as a public utility subject to the jurisdiction of the New York State Public Service Commission and any duly constituted public agency authorized to provide utility service is hereby granted a continuing permit to trim, remove or perform such other acts with respect to trees growing adjacent to the public streets of the Town, or which grow upon private property to the extent that they encroach upon such public streets, as may be necessary to comply with the safety regulations of said Commission and as may be necessary to maintain the safe operation of its business.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4036544; v24 updated 2023-03-07; through 03-07-2023).

Full Breakdown

Section 225-7 hands the job of trimming trees along Oyster Bay's public streets to the utilities themselves rather than to a Town crew or the tree's owner. Any company doing business as a public utility under the jurisdiction of the New York State Public Service Commission, and any public agency authorized to provide utility service, holds a standing continuing permit to trim, remove, or otherwise cut back trees that grow next to the Town's public streets, and even trees on private property to the extent their branches encroach on those streets, whenever necessary to meet the Commission's safety rules or to keep the utility's lines running safely.

No separate Town application is required for this routine safety trimming. That authority is distinct from removing a tree from a public street or Town-controlled property outright: § 225-8 requires the prior written consent of the Town Superintendent of Highways for that, granted only if the tree is hazardous to people or property on the adjoining street, its roots are damaging curbs, gutters, or sidewalks, or it unduly interferes with public utility infrastructure. A property owner cannot invoke § 225-7 on their own initiative to clear branches over the street; that authorization runs only to PSC-regulated utilities and the public agencies the section names.

Violations & Fines

Section 225-7 itself sets no separate penalty because it authorizes utility trimming rather than restricting it. A tree removed from a public street or Town property without the Highway Superintendent's written consent required by § 225-8 falls under § 225-12: a fine of $350 to $1,000, up to 15 days in jail, or both, per tree, with the Town able to require replacement planting instead.

Frequently Asked Questions

Can the power or cable company trim trees over the street in Oyster Bay without asking me?
Yes. Section 225-7 grants any utility regulated by the New York State Public Service Commission a continuing permit to trim, remove, or otherwise cut back trees along public streets, or private trees whose branches encroach on the street, whenever needed for safety or to keep its service running, without a separate Town application.
Can a homeowner cut down a tree standing in the public street or Town-owned strip?
Not without permission. Section 225-8 requires the prior written consent of the Town Superintendent of Highways, granted only if the tree is a hazard, its roots are damaging curbs or sidewalks, or it interferes with public utility infrastructure, and removing it without that consent exposes the person to Chapter 225's penalties.
Does the Town need to issue its own permit before a utility trims a tree?
No. Section 225-7 describes the authorization as a continuing permit, meaning qualifying utilities and public agencies do not file a separate application every time they trim; the standing grant covers routine safety trimming performed under the Public Service Commission's own safety regulations.

Sources & Official References

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