Oyster Bay, NY Landscaping Rules: Tree Trimming (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.
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?
Can a homeowner cut down a tree standing in the public street or Town-owned strip?
Does the Town need to issue its own permit before a utility trims a tree?
Sources & Official References
Other rules in Oyster Bay
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