Brookhaven, NY Tree Protection: Parkway Planting (2026)
Key Facts
- Minimum caliper
- 4 inches
- Standard spacing
- 30 feet on center
- Main Street district minimum
- 1 tree per lot, 2 on corners
- Landscape cutout width
- 4 feet
- First-offense fine
- $2,500 to $6,000
- Governing article
- Ch. 85, Art. XXXIV
Summary
Brookhaven's land development standards require street trees with at least a four-inch caliper along all road frontages of commercial sites, spaced 30 feet on center, plus stricter spacing and per-lot minimums inside the Main Street Business District.
Street trees. Street trees with a minimum caliper of four inches shall be planted and/or maintained adjacent to all road frontages in accordance with Town standards in an amount equal to 30 feet on center.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).
Full Breakdown
Town Code § 85-843, Article XXXIV (Land Development Standards), sets the baseline for parkway and street-frontage tree planting on commercial development. Subsection A(3) requires street trees with a minimum caliper of four inches, planted and maintained adjacent to all road frontages in an amount equal to 30 feet on center, in accordance with Town standards. The same article layers on stricter rules for the Main Street Business District: street trees must sit within the right-of-way between sidewalk and curb in a four-foot-wide landscape cutout, and every lot must carry at least one street tree, with corner lots requiring a minimum of two.
Parking-lot landscape strips and aisles must also include four-inch-caliper trees at a minimum of one tree per 30 feet, on top of the separate parking-lot landscaping requirement. Section 85-843A(1) sets the umbrella rule that at least 20% of a commercial site be maintained as landscaped or natural area, with at least half of that area in the front yard, so the street tree count is layered onto a broader landscape-area mandate rather than standing alone. Section 85-846, added by Local Law No. 13-2019, supplies the enforceable species list referenced in § 85-843: it names the preferred street tree species (including Trident Maple, Hedge Maple and Amur Maple) and separately bars a list of prohibited species, among them Ailanthus, White and Silver Birch, Box Elder, Cottonwood, Siberian Elm, White and Green Ash, Silver Maple, Pin Oak, Russian Olive, Poplar, weeping trees, willows and all evergreens, subject to Planning Board approval for substitutions.
Existing large trees over nine inches in diameter at breast height can offset new planting: preserving one relieves the applicant of installing three parking-lot or street trees nearby. All required street tree and landscape work must be completed before a certificate of occupancy is issued.
Violations & Fines
Violating any Chapter 85 land development standard, including the street tree requirements, is punishable under § 85-158A: a first offense draws a fine of $2,500 to $6,000 or up to 15 days imprisonment, or both; a second offense within five years, $5,000 to $10,000; a third or subsequent offense within five years, $7,500 to $15,000 and up to six months imprisonment. Each week a violation continues counts as a separate offense.
Frequently Asked Questions
How far apart must street trees be planted in Brookhaven?
Are there extra tree rules in the Main Street Business District?
Which tree species are banned as street trees in Brookhaven?
What happens if a developer skips the required street trees?
Sources & Official References
Other rules in Brookhaven
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How other cities in Suffolk County handle parkway planting.