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Brookhaven, NY Tree Protection: Parkway Planting (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
Town Code § 85-843A(3) requires street trees with at least a four-inch caliper to be planted and maintained along all road frontages of commercial sites at a rate of one tree every 30 feet on center, per Town standards.
Are there extra tree rules in the Main Street Business District?
Yes. Under § 85-843A(5), Main Street district lots must place street trees within the right-of-way in a four-foot landscape cutout between sidewalk and curb, with a minimum of one tree per lot and two trees required on corner lots.
Which tree species are banned as street trees in Brookhaven?
Section 85-846 prohibits Ailanthus, White and Silver Birch, Box Elder, Catalpa, Cottonwood, Siberian Elm, White and Green Ash, Blue Ash, fruit trees, Silver Maple, Mimosa, Pin Oak, Russian Olive, Poplar, weeping trees, willows, shrubs and all evergreens as street trees.
What happens if a developer skips the required street trees?
Section 85-158A treats it as a Chapter 85 violation: a first offense costs $2,500 to $6,000 or up to 15 days in jail, rising to $7,500-$15,000 and up to six months for a third offense within five years, with each week of noncompliance a separate violation.

Sources & Official References

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