Southampton Village, NY Tree Protection: Heritage & Protected Trees (2026)
Key Facts
- Protected act
- Destroying, removing or ending the life functions of a heritage tree
- Approvals needed
- Village Board permission and a Chapter 107 permit
- Designation path
- Tree Commission recommends; Board of Trustees designates
- Definition basis
- Rare, old, historic, record-size, irreplaceable or scenic trees
- Penalty
- Misdemeanor, $1,000 to $2,000 and/or up to 15 days
Summary
In the Village of Southampton, a heritage tree cannot be destroyed or removed, and no act can be committed that ends its life functions, without permission of the Village Board and a permit under Chapter 107. The Tree Commission recommends designations to the Board of Trustees, and violations are a misdemeanor with a fine of $1,000 to $2,000.
All public trees shall be protected during construction. ... C. No heritage tree shall be destroyed or removed from the soil, or any act committed which causes the destruction or cessation of life functions of any heritage tree located in the Village of Southampton without permission of the Village Board of the Village of Southampton and without a permit issued therefor as prescribed by this chapter.
Full Breakdown
Section 107-14C protects a heritage tree located anywhere in the Village of Southampton, not only on public land. Two approvals are required: permission of the Village Board of the Village of Southampton and a permit issued as the chapter prescribes. The text also reaches indirect harm, since it bars any act that causes the destruction or cessation of life functions of the tree.
Section 107-2 defines a heritage tree broadly: any tree defined as rare, endangered or protected according to Village, county, state or federal law, rule or regulation; one with significant old age; one associated with a historical event or person; one of a tree species of record size; one considered irreplaceable with unique value; or one determined by the Village of Southampton Tree Commission to have scenic enhancement qualities.
Designation runs through the Tree Commission, a three-member body made up of the Village Arborist and two members appointed by the Mayor with approval of the Village Trustees (§ 107-3). Under § 107-4C, as amended 12-8-2022 by L.L. No. 24-2022, the Commission has authority to issue recommendations to the Board of Trustees for the designation of heritage trees. The Village Trees Management Plan must include the process for designating heritage trees (§ 107-8B). Section 107-12B gives the Commission the right to deny a removal permit when the tree has been designated a heritage tree.
During demolition or construction, public trees need temporary wooden tree guards, and bulk material, equipment, scaffold footings or vehicles cannot be stockpiled or parked within the critical root zone (§ 107-14A). Chapter 107 was adopted 11-10-2022 by L.L. No. 14-2022 and repealed the former Chapter 107 adopted May 2, 1961.
Violations & Fines
Section 107-16 makes any violation of Chapter 107, including removing a heritage tree without permission and a permit, a misdemeanor: a fine no less than $1,000 and no more than $2,000, or imprisonment for a term not exceeding 15 days, or both. Section 107-11 separately forbids intentionally damaging, cutting, transplanting, carving or removing any tree, and the Tree Commission can deny a removal permit for a designated heritage tree under § 107-12B.
Frequently Asked Questions
What counts as a heritage tree in the Village of Southampton?
Who designates a heritage tree?
Can I remove a heritage tree on my own property?
Can the Tree Commission refuse a permit for a heritage tree?
Sources & Official References
Other rules in Southampton Village
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