Oyster Bay, NY Tree Protection: Parkway Planting (2026)
Key Facts
- Street trees required
- 1 per 35 ft of frontage
- Street tree minimum size
- 4 inches DBH at planting
- Shade trees required
- 1 per 5,000 sq ft lot area
- Shade tree minimum size
- 3 inches DBH at planting
- Applies to
- New/rebuilt 1- and 2-family homes
- Waiver available
- If existing healthy trees suffice
Summary
New or rebuilt one- and two-family homes in Oyster Bay must plant one street tree for every 35 feet of lot frontage and one shade tree for every 5,000 square feet of lot area before the certificate of occupancy issues, each from an approved species list.
Street trees. As a condition pursuant to the issuance of a building permit for the construction or reconstruction of any one- or two-family dwelling, but not including additions or renovations to an existing dwelling, the applicant shall agree to plant, prior to the issuance of the certificate of occupancy, at least one street tree for each 35 feet, or major portion thereof (50% or more), of street frontage of the lot for which the building permit is sought. Each such tree shall have a diameter at breast height (DBH) of not less than four inches at the time of planting and shall be of a species as listed in § 225-6D of the Trees Ordinance, Chapter 225 of the Code of the Town of Oyster Bay, Nassau County, New York.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4036544; v24 updated 2023-03-07; through 03-07-2023).
Full Breakdown
L. No. 8-2009) makes street tree planting a condition of the building permit for constructing or reconstructing a one- or two-family dwelling, though not for additions or renovations to an existing home. 1, before a certificate of occupancy issues the applicant must plant at least one street tree for every 35 feet, or major portion of 50% or more, of the lot's street frontage, each tree at least four inches in diameter (DBH) at planting and drawn from the species list in § 225-6D of the Trees Ordinance.
The Superintendent of the Highway Division in the Department of Public Works approves the location and species of each street tree. 2 adds a shade tree requirement on top of that: one new shade tree of at least three inches DBH for every 5,000 square feet, or major portion, of lot area, drawn from the § 225-6D or E species lists and sited to the approval of the Commissioner of the Department of Parks. 3 lets the Department of Planning and Development waive both requirements where existing healthy street or shade trees on the lot already meet or exceed the standard, provided the applicant properly prunes and protects those trees during construction so they remain healthy and undamaged by the time occupancy is certified.
Violations & Fines
Because planting is a condition of the building permit, the certificate of occupancy for a new or reconstructed one- or two-family home will not issue under § 246-4.12.1 and § 246-4.12.2 until the required street and shade trees are in the ground, sized correctly, and approved as to location and species, or until the Department of Planning and Development grants the § 246-4.12.3 waiver for existing trees that already meet the standard.
Frequently Asked Questions
Do I have to plant street trees when I build a new house in Oyster Bay?
Are shade trees required in addition to street trees in Oyster Bay?
Can I skip planting new trees if my lot already has mature trees?
Sources & Official References
Other rules in Oyster Bay
New York rules heatmap·Compare Oyster Bay to another location·View the New York tree protection overview
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