Smithtown, NY Landscaping Rules: Tree Trimming (2026)
Key Facts
- Who pays
- Property owner, at own expense
- Trigger conditions
- Dead, dying, leaning, diseased trees
- Stump threshold
- Damaged or 50%+ exposed above grade
- Debris piece size
- Under 6 inches diameter, 4-foot lengths
- Debris bundle limit
- 2 ft by 2 ft by 4 ft, under 50 lbs
- Contractor debris
- Excluded from Town pickup
Summary
Smithtown property owners must trim broken or decayed limbs and take down dead, dying, blown-over, leaning, insect-infested or diseased trees on their own land, at their own expense, whenever the tree or an exposed stump threatens vehicles or pedestrians on a street, sidewalk or right-of-way. A companion rule sets strict size limits on any debris left at the curb for Town pickup.
Property owners have the duty, at their own expense, to trim broken or decayed limbs from trees, to cut down and remove any trees upon their property which are dead, dying, blown over, leaning precariously, harbor insects or disease, and remove any tree stumps or rootballs that are severely damaged or exposed more than 50% above grade which pose a hazard to vehicular traffic or pedestrians within any street, sidewalk, or public right-of-way.
Full Breakdown
Section 221-4A(15) puts the cost and duty on the property owner to trim broken or decayed limbs, cut down and remove trees that are dead, dying, blown over, leaning precariously, or harboring insects or disease, and to remove tree stumps or rootballs that are severely damaged or exposed more than 50% above grade, wherever any of those conditions pose a hazard to vehicular traffic or pedestrians within a street, sidewalk or public right-of-way. A related provision added March 21, 2023 by Local Law No. 7-2023, § 221-4A(16), bars leaving tree debris, brush or woody vegetation near the property line unless it is set out for Highway Department pickup on the Town's schedule and meets size limits: pieces under six inches in diameter, cut no longer than four feet, bundled no larger than two feet by two feet by four feet, and under 50 pounds each; debris from a landscaper, contractor or other professional service is excluded from Town pickup entirely, and any oversized or professional-service debris left at the curb is itself a violation.
Enforcement runs through § 221-38's named officers, and a mailed notice to cure under § 221-36B gives an owner 72 hours to address a hazard tree before the Town Board can step in and remove it at the owner's expense.
Violations & Fines
Failing to trim a hazardous limb or remove a dead, dying or diseased tree threatening a street, sidewalk or right-of-way violates § 221-4A(15), and leaving oversized or contractor-generated debris at the curb violates § 221-4A(16); both draw the § 221-35A penalty of up to $2,500 or 30 days for a first offense and up to $5,000 or 60 days for a second or later offense.
Frequently Asked Questions
Who pays to trim a hazard tree in Smithtown?
Can I leave tree branches at the curb for pickup in Smithtown?
Does Smithtown pick up debris left by my landscaper?
What if a decayed limb is hanging over a Smithtown sidewalk?
Sources & Official References
Other rules in Smithtown
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Tree Trimming in Nearby Cities
How other cities in Suffolk County handle tree trimming.