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Mount Vernon, NY Tree Protection: Parkway Planting (2026)

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

Key Facts

Permit required for
Any tree on public property or parkway strip
Issuing authority
Commissioner of Public Works
Min. trunk size
2.5 inches diameter at 1 foot
Branch clearance
7 to 9.5 feet above ground
First-offense fine
Up to $1,000 per tree
Owner duty
Maintain curbside planting strip

Summary

Planting a tree anywhere on Mount Vernon public property, including the curbside parkway strip, requires a written permit from the Commissioner of Public Works under City Code Section 252-3.A. Abutting property owners and occupants must also keep the planting strip along their full curb frontage maintained under Section 252-3.E(4).

Permit required. ... It is unlawful for any individual, entity, corporation, utility company, telecommunications company, electric company, gas company or organization to pot or plant any tree upon any part of any public property or City park without first obtaining from the Commissioner of Public Works a written permit to do so, and without complying in all respects with the conditions set forth in this chapter and in such written permit... ... It is the duty of every property owner and occupant to maintain the planting strip. Such planting strip is to be located adjacent to, and extend along the entire length of, the curb of the street.

Full Breakdown

Chapter 252, Trees, regulates planting in the strip of public land between the curb and the sidewalk as part of its broader control over trees on public property. A makes it unlawful for any individual, business, or utility company to 'pot or plant any tree upon any part of any public property or City park' without a written Department of Public Works permit and compliance with the permit's conditions. 5 feet above the ground. If the soil is too poor to support the tree, DPW will not issue a planting permit unless the applicant agrees to excavate at least 36 cubic feet and replace it with suitable loam.

E(4) then puts ongoing upkeep on the abutting owner: 'it is the duty of every property owner and occupant to maintain the planting strip,' running the full length of the curb. A City Tree Surgeon reviews permit applications and reports to the approving authority, and permit fees and violation fines feed the Mount Vernon Tree Fund Escrow Account under Section 252-18, which the Commissioner of Public Works administers for citywide tree maintenance and planting.

Violations & Fines

Planting, cutting, or removing a public tree without written DPW permission violates Section 252-3 and is punished under Section 252-16: fines run up to $1,000 for a first offense per tree and up to $2,000 per tree for a second or subsequent offense within a year, deposited into the Tree Fund Escrow Account. Violators also must repair or replace each affected tree in kind, or pay a fee-in-lieu, and any tree that fails within two years of planting must be replaced at the violator's expense.

Frequently Asked Questions

Do I need a permit to plant a tree in the parkway strip in front of my house in Mount Vernon?
Yes. Section 252-3.A makes it unlawful to pot or plant any tree on public property, which includes the curbside planting strip, without first getting a written permit from the Commissioner of Public Works and following the permit's conditions.
Who is responsible for maintaining the strip between the curb and sidewalk?
The abutting property owner and occupant. Section 252-3.E(4) makes it their duty to maintain the planting strip, which the code defines as running adjacent to, and along the entire length of, the curb in front of the property.
What happens if I cut down a street tree without a permit?
You face a fine of up to $1,000 for the first tree and up to $2,000 per tree for repeat violations within a year under Section 252-16, plus a requirement to replace the tree in kind or pay a fee-in-lieu into the Tree Fund Escrow Account.
Can a utility company trim a street tree near power lines without a permit?
No. Section 252-3.B requires utilities and their agents to get written DPW permission before cutting, breaking, or trimming any public tree, and it directs them to follow the tree maintenance practices set by the International Society of Arboriculture.

Sources & Official References

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