Brookhaven, NY Tree Protection: Heritage & Protected Trees (2026)

Section 70-8, added in 2018, lets the Town Board designate a landmark tree by resolution, on Town-owned land under Subsection A, or on private land under Subsection B only after getting the property owner's written permission. Before recommending a designation, the Commissioner of Planning, Environment and Land Management must weigh eight factors listed in Subsection C: whether the tree is rare or endangered under any local, state or federal authority; whether it's listed on New York's Big Tree Register or the American Forests National Register of Big Trees; whether it carries an historic-landmark designation from the Town, state or federal government; whether it's a New York State or American Forests Champion Tree; whether it holds exceptional heritage value to the Town, state or nation; whether it stood for a key historical event; whether it has special environmental, social, aesthetic or historical characteristics worth preserving; or any other factor the Commissioner finds relevant.

For any tree proposed within Town rights-of-way or recharge areas, the Commissioner must also get the Superintendent of Highways' recommendation first, and the Commissioner keeps a running list of every designated landmark tree under Subsection D. Subsection E then locks the tree down: no landmark tree may be destroyed, removed or have its life functions stopped without both Town Board permission and a removal permit issued under this chapter. Three narrow exceptions apply: the Superintendent of Highways acting under Highway Law § 153, removal of a hazardous or dead/dying landmark tree in a documented emergency, and utility companies trimming within their New York State Public Service Commission jurisdiction.