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New Rochelle, NY Tree Protection: Parkway Planting (2026)

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

Key Facts

Permit required
Written DPW permit before planting
Tree spacing
At least 30 feet apart
Intersection buffer
No planting within 20 feet
Curb-sidewalk strip
Minimum 3 feet clear
Banned species
Poplar, box elder, basswood, willow, evergreen
Permit fee
None; valid one planting season

Summary

Planting a tree in a New Rochelle street, parkway strip, or other public place requires a written permit from the Department of Public Works Commissioner under City Code § 301-13. Section 301-15 then fixes the planting standards: trees must sit at least 30 feet apart, clear of intersections, and never where the curb-to-sidewalk strip is under three feet wide.

It shall be unlawful for any person to plant or set out any tree, or cause or authorize or procure any person to plant or set out any tree, in or upon any part of any public highway or public place without first obtaining from the Commissioner of the Department of Public Works written permit to do so and without complying in all respects with the conditions set forth in such written permit and with the provisions of this chapter. ... No tree shall hereafter be planted at the intersection of two or more streets or within 20 feet of such intersection. ... Trees shall hereafter be planted at least 30 feet apart except when special permit is obtained from the Commissioner of the Department of Public Works. ... No tree shall be planted where the clear space between the curb and the sidewalk is less than three feet.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4601407; v60 updated 2025-12-02; through 12-02-2025).

Full Breakdown

The permit process in § 301-13 requires an application on Department of Public Works forms describing the species, size, and precise location of each tree; the Commissioner then investigates the site and issues a permit only if the location will allow normal growth, specifying variety, grade, and planting method. The permit is free and valid only for the season named in the year it issues. Anyone planting more than 25 trees on a single permit can be required to submit a detailed planting plan drawn on tracing cloth in ink, showing the street's pavement, curb, gutter, and sidewalk layout, the location and variety of every proposed and existing tree, spacing between trees, and soil conditions to a three-foot depth.

Section 301-15 layers on further specifications: no tree may go in with a trunk under one inch in diameter, trunks from one to three inches need a tree guard staked toward the prevailing wind, and any cut above one inch must be waterproofed. Species banned outright from public streets and highways appear in § 301-14: poplar, box elder, basswood, willow, and evergreen, because their roots damage pavement; an owner who already has one gets a 20-day written notice to remove it before the Commissioner removes it and bills the cost.

H requires excavating a hole of at least 36 cubic feet and backfilling with suitable loam where native soil will not support growth. J, and no tree may be set within one foot of the curbline without a special permit.

Violations & Fines

Article II's penalty clause at § 301-18 makes an unpermitted planting, or one that ignores § 301-15's spacing and species rules, punishable by a fine of not more than $250 or imprisonment of not more than 15 days, or both. Planting a prohibited species under § 301-14 carries an added consequence: after a 20-day removal notice goes unheeded, the Commissioner can enter the property, remove the tree, and bill the owner the cost of removal, collectible in a civil action if unpaid within 30 days.

Frequently Asked Questions

Do I need a permit to plant a tree on the strip in front of my New Rochelle house?
Yes. Under § 301-13, planting any tree on a public highway or public place, including the parkway strip, requires a written permit from the Department of Public Works Commissioner describing the species, size, and exact location, and the Commissioner must approve the site before issuing it.
How far apart do street trees have to be planted?
Section 301-15 sets a minimum spacing of 30 feet between trees planted on public highways, unless the Commissioner grants a special permit for closer spacing, and bars planting within 20 feet of any street intersection.
Can I plant a willow or evergreen along the street?
No. Section 301-14 bans poplar, box elder, basswood, willow, and evergreen trees on public highways or anywhere in the City where their roots would penetrate the street surface, and the Commissioner can order an existing one removed on 20 days' notice.

Sources & Official References

Other rules in New Rochelle

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