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Southampton, NY Tree Protection: Parkway Planting (2026)

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

Key Facts

Governing section
Town Code § 292-42
Tree spacing
40 to 60 feet apart
Minimum trunk diameter
2 to 3 inches at 6 feet
Enforcing board
Planning Board
Max fine
$1,000 or 6 months, or both
Continuing violation
Each week is a separate offense

Summary

In the Town of Southampton outside the villages, subdivision applicants must plant street trees along both sides of every new road under Town Code § 292-42 unless the Planning Board lets existing healthy trees stand in place. Spacing, stock quality and trunk size are all fixed numerically.

Street trees shall be provided in all subdivisions unless adequate trees, acceptable to the Board and which exist in their proper locations are left in place and are in a healthy condition. An exception to this requirement may be considered by the Board where native woodlands and understory plants are deemed a desirable component of the localized landscape worthy of natural resources protection, and where the introduction of formal street trees form an alien intrusion into such landscapes. ... The average trunk diameter at a height of six feet above the finished ground level shall be a minimum of two to three inches, depending on good practice, with reference to the particular species to be planted. ... Trees shall be planted at intervals of from 40 feet to 60 feet apart, depending on the species and location of lot lines, along both sides of the street and shall be located within the right-of-way where their spacing from the property line shall be determined by the Planning Board.

Full Breakdown

Town Code § 292-42, in the Subdivision of Land chapter enforced by the Planning Board, requires street trees in all subdivisions in the Town of Southampton outside the villages unless adequate trees already in their proper locations are left standing and healthy. The Board may waive planting entirely where native woodlands and understory plants are a desirable part of the localized landscape and formal street trees would be an alien intrusion into that setting, a call the Planning Board makes case by case during subdivision review.

Where trees are required, § 292-42B demands nursery stock of an approved species grown under the same climatic conditions as the development site, of symmetrical growth, free of insect pests and disease, suitable for street use and durable under the maintenance contemplated. Section 292-42C sets a minimum average trunk diameter of two to three inches measured six feet above finished grade, scaled to good practice for the particular species. Section 292-42D fixes spacing at 40 to 60 feet apart along both sides of the street, located within the right-of-way, with the exact distance from the property line set by the Planning Board depending on species and lot-line locations.

Section 292-42E adds that where unique natural landscapes exist, the Board can require a limit-of-clearing line, recommended by the Natural Resources Director, so the right-of-way is not cleared across the entire distance between property lines. These planting terms were added and amended by Local Law No. 4-1992 (adopted 3-10-1992). A violation of Chapter 292, which includes the street tree standard, exposes the property owner, any knowingly participating contract vendee or grantee, and any agent who filed the application, to prosecution under § 292-45.

Violations & Fines

Under Town Code § 292-46, a violation of Chapter 292 (which governs the § 292-42 street tree requirement) is punishable by a fine not exceeding $1,000 or imprisonment for up to six months, or both, and each week the violation continues counts as a separate additional offense. Section 292-47 lets the Town enforce by any method or remedy available at law, including an action or proceeding to prevent, restrain, correct or abate the violation.

Frequently Asked Questions

Does every new subdivision road in Southampton need street trees?
Yes, under § 292-42A, unless the Planning Board finds that adequate trees already exist in their proper locations and are healthy, or unless native woodlands and understory plants make formal street trees an alien intrusion into the landscape, an exception the Board considers case by case.
How far apart must street trees be planted?
Section 292-42D sets spacing at 40 to 60 feet apart along both sides of the street, within the right-of-way, with the exact distance from the property line depending on species and lot-line locations as determined by the Planning Board.
What size must the trees be at planting?
Section 292-42C requires an average trunk diameter of two to three inches measured six feet above finished grade, with the exact minimum set by good practice for the species being planted.
What happens if a developer skips the required street trees?
Section 292-45 makes noncompliance a violation of Chapter 292, and § 292-46 sets a fine of up to $1,000 or up to six months imprisonment, or both, with each week of continued violation treated as a separate offense.

Sources & Official References

Other rules in Southampton

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