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Hamburg Village, NY Tree Protection: Parkway Planting (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Street tree stock
Appendix A species, bare root, two to three inches caliper
Lowest branches
At least six feet above ground level
Minimum street lawn depth
Four feet, except in the central business district
Stop sign setback
No planting within 50 feet in the street lawn
Driveway approach setback
Six feet from the outer edge
Managing agency
Department of Public Works

Summary

In the Village of Hamburg, street trees must come from Appendix A and be bare root, two to three inches caliper, with lowest branches at least six feet above ground. Code § 225-3(M) bars planting in a street lawn under four feet deep outside the central business district, and within 50 feet of stop signs. Planting in any street needs Board of Trustees direction.

J. Under this policy, suitable street trees shall be those named in Appendix A,[3] and they shall be bare root, approximately two to three inches caliper-measured and have their initial bifurcation or lowest branches at least six feet above ground level. Balled trees may be substituted for bare root trees. ... M. General welfare of the community dictates that trees may not be planted: (1) In a street lawn less in depth than four feet, except in the central business district; (2) Within six feet of on-ground or underground individual lot utility equipment; (3) Within eight feet of a sidewalk when a tree is planted by the village on private land; (4) In a location where its expected mature height would be equal to the height of the overhead high voltage wires; (5) Within four feet of a ground or unground stump; (6) Off-center of the determined center of the street lawn; (7) Within six feet of the outer edge of a driveway approach; (8) Within detrimental proximity of an existing healthy tree; nor (9) Within 50 feet of stop signs when planted in the street lawn.

Full Breakdown

Chapter 225 is the Village of Hamburg tree policy, adopted by the Board of Trustees on 2-18-1997. Section 225-3(A) gives the Department of Public Works authority over plantings in the right-of-way, development strip, tree lawn or street lawn, and street medians are treated the same way. Under subsection (B) the Environmental Commission devises an annual planting plan for the Village Board before budget preparation.

Subsection (J) sets the stock: suitable street trees are those named in Appendix A, bare root, approximately two to three inches caliper, with the initial bifurcation or lowest branches at least six feet above ground level. Balled trees can be substituted for bare root trees. Contractors, builders and developers must plant one street tree, or more, for each lot developed or redeveloped, or an alternate determined by the Planning Commission (subsection (L)).

Subsection (M) lists where trees may not be planted: a street lawn less than four feet deep, except in the central business district; within six feet of on-ground or underground individual lot utility equipment; within eight feet of a sidewalk when the village plants on private land; where expected mature height would equal the overhead high voltage wires; within four feet of a stump; off-center of the street lawn; within six feet of the outer edge of a driveway approach; within detrimental proximity of an existing healthy tree; and within 50 feet of stop signs in the street lawn.

Trees removed for cause from public places must be replaced in a timely manner, normally two years, or the nearest property owner is notified the tree will not be replaced (subsection (E)). Whoever receives a newly planted tree is informed in writing of watering and care expectations (subsection (N)).

Violations & Fines

Section 225-3(I) forbids planting any tree in any street in the Village except at the place and in the manner the Board of Trustees directs, and subsection (Q) restrains everyone other than the Village from removing, planting, pruning or treating trees in public places. A request for consent to plant, trim, cut or remove a tree must be accompanied by a bond set by the Board of Trustees, and the permit is revocable (§ 203-22).

Frequently Asked Questions

Can I plant a tree in the street lawn in front of my house in the Village of Hamburg?
Only where the Board of Trustees directs. Section 225-3(I) says no person shall plant any tree in any street in the Village except at the place and in the manner directed by the Board. The Department of Public Works manages right-of-way plantings under subsection (A).
How close to a driveway or stop sign can a street tree go?
Subsection (M) bars planting within six feet of the outer edge of a driveway approach and, in the street lawn, within 50 feet of stop signs. It also bars planting within four feet of a stump and off-center of the determined center of the street lawn.
What size tree does the Village plant on the street?
Subsection (J) calls for Appendix A species, bare root, approximately two to three inches caliper, with the initial bifurcation or lowest branches at least six feet above ground level. Balled trees can be substituted for bare root trees.
Do developers have to plant street trees?
Yes. Subsection (L) says contractors, builders and developers must plant street trees under the policy, with one street tree, or more, for each lot developed or redeveloped, or an alternate as determined by the Planning Commission.

Sources & Official References

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