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

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

Key Facts

Protected tree #1
Sycamore, Village Square, West Nyack
Protected tree #2
Oak, Promenade, New City
Tax lot 1
64.08-3-28
Tax lot 2
34.18-1-22
Appeal window
10 business days to ZBA

Summary

Clarkstown's Tree Preservation Local Law names two specific landmark trees, a Sycamore at West Nyack's Village Square and an Oak at New City's Promenade, by tax lot as protected trees that may not be reshaped, damaged, relocated or removed without a town permit.

PROTECTED TREE: A tree of a specific species or size that may not be reshaped, altered, damaged, relocated or removed without first obtaining a tree removal and cutting permit from the Town of Clarkstown. ... § 270-7. Protected trees. A. Sycamore at Village Square, West Nyack - Tax Lot: 64.08-3-28. B. Oak at Promenade, New City - Tax Lot: 34.18-1-22.

Full Breakdown

18-1-22. Both fall under the chapter's definition of "protected tree" in §270-3: a tree of a specific species or size that may not be reshaped, altered, damaged, relocated or removed without first obtaining a tree removal and cutting permit from the Town of Clarkstown. That permit runs through the same process as any other tree removal permit: an application to the Department of Engineering and Facilities Management (DEFM) under §270-6 and §270-10, a site inspection under §270-11 and §270-12, and a nonrefundable review fee under §270-13.

Because these two trees are individually named rather than qualifying by a general size threshold, no DBH exemption applies to them the way it might for an ordinary tree; any work altering or removing either the Village Square Sycamore or the Promenade Oak requires the permit regardless of the tree's condition unless it is dead, dangerous or otherwise excepted under §270-6B. An applicant denied a permit affecting either tree may appeal to the Zoning Board of Appeals within 10 business days under §270-15A, which must hold a hearing within 60 calendar days, with further review available to the State Supreme Court under Article 78 of the CPLR within 30 days of the Board's decision.

Violations & Fines

Damaging, relocating or removing either landmark tree without a permit is enforced the same as any Chapter 270 violation under §270-16: the Town's DEFM Director can order replacement of the tree and stop other unlawful activity, and the violator faces a minimum fine of $500 and maximum of $1,500 and/or up to 30 days of community service at the Justice Court's discretion. A permit held by the violator is immediately revoked, and each tree cut or removed in violation is a separate offense, with fines funding the Town's municipal tree bank.

Frequently Asked Questions

What specific trees does Clarkstown protect by name?
Two: a Sycamore at Village Square in West Nyack, Tax Lot 64.08-3-28, and an Oak at Promenade in New City, Tax Lot 34.18-1-22. Both are individually listed in Town Code §270-7 as protected trees.
Can I remove one of Clarkstown's two named landmark trees?
Not without a tree removal and cutting permit from the Town's Department of Engineering and Facilities Management. Section 270-3 defines a protected tree, which includes these two, as one that may not be reshaped, altered, damaged, relocated or removed without first obtaining that permit.
What happens if someone removes a protected landmark tree without a permit in Clarkstown?
They face a fine of $500 to $1,500 and/or up to 30 days of community service under §270-16, mandatory replacement ordered by the Department of Engineering and Facilities Management under §270-14, and immediate revocation of any tree permit they hold.

Sources & Official References

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