New York, NY Tree Protection: Parkway Planting (2026)
Key Facts
- Governing law
- Admin Code § 18-106
- Permit needed
- DOT written approval before excavation
- Use restriction
- Can't obstruct ordinary street use
- Utility protection
- Can't injure sewer, drain, water pipe
- Applies to
- Parks Dept street-tree plantings citywide
Summary
Before Parks can dig up any street, including the parkway strip between curb and sidewalk, to plant a tree, it must get the transportation commissioner's written approval, and the planting can't block street use or hit underground utility lines.
In performing the duties required by sections 18-104 and 18-105 of this title, the commissioner shall not make openings or excavations in any street for the purpose of planting or cultivating trees, without having first obtained the written approval of the commissioner of transportation nor shall any tree be so planted as to permanently interfere with the ordinary usage of the street, nor shall the planting be performed in any case so as to injure or impair any sewer, drain, water pipe, or other structure erected by legal authority.
Full Breakdown
NYC Administrative Code § 18-106 governs how the Parks Department plants street trees in the public right-of-way. Before making any opening or excavation in a street to plant or cultivate a tree, the parks commissioner must first get written approval from the commissioner of transportation. The law also bars planting a tree in a way that permanently interferes with the ordinary use of the street, or that injures or impairs a sewer, drain, water pipe, or other lawfully erected structure underground. The rule applies citywide to plantings the department itself performs on streets under its jurisdiction.
Violations & Fines
Excavating a street for tree planting without the Transportation commissioner's prior written sign-off, or planting in a way that blocks street use or damages a sewer, drain, water pipe, or other buried structure, violates § 18-106.
Frequently Asked Questions
Does Parks need a permit to plant a street tree?
Can a street tree be planted anywhere in the parkway strip?
Sources & Official References
Other rules in New York
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