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

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 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?
Section 107-2 covers any tree defined as rare, endangered or protected under Village, county, state or federal law; one with significant old age; one associated with a historical event or person; a tree species of record size; one considered irreplaceable with unique value; or one the Tree Commission determines has scenic enhancement qualities.
Who designates a heritage tree?
The Tree Commission has authority under § 107-4C to issue recommendations to the Board of Trustees for the designation of heritage trees. The Commission is three members: the Village Arborist and two appointees of the Mayor approved by the Village Trustees. The management plan sets out the designation process under § 107-8B.
Can I remove a heritage tree on my own property?
Not without permission. Section 107-14C bars destroying or removing any heritage tree located in the Village of Southampton, or any act that causes the destruction or cessation of its life functions, without permission of the Village Board and a permit issued under Chapter 107. The location is not limited to public land.
Can the Tree Commission refuse a permit for a heritage tree?
Yes. Section 107-12B gives the Village Tree Commission the right to deny a removal permit in the event the tree has been designated a heritage tree pursuant to § 107-4. A violation of the chapter is a misdemeanor with a fine of $1,000 to $2,000 under § 107-16.

Sources & Official References

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