Southampton Village, NY Tree Protection: Parkway Planting (2026)
Key Facts
- Applies to
- All subdivisions in the Village of Southampton
- Trunk diameter
- Minimum two to three inches at six feet above finished ground
- Spacing
- 40 feet to 60 feet apart, along both sides of the street
- Location
- Within the right-of-way, set back as the Planning Board determines
- Stock
- Nursery stock of an approved species, free of pests and disease
- Penalty
- Fine up to $2,000 or up to 15 days (§ 1-17)
Summary
In the Village of Southampton, a subdivision must have street trees unless healthy, acceptable trees already stand in their proper locations. Section 97-42 sets nursery stock of an approved species, a minimum trunk diameter of two to three inches at six feet above finished ground level, and planting at intervals of from 40 feet to 60 feet along both sides of the street.
A. 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. B. Trees shall be of nursery stock of an approved species grown under the same climatic conditions as at the location of the development. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use and durable under the maintenance contemplated. C. 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. D. 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
Section 97-42 sits in the Village of Southampton's subdivision regulations, so the planting duty attaches to a subdivision approved by the Planning Board rather than to an individual homeowner's lawn. Subsection A requires street trees in all subdivisions. The only way out is to leave in place trees that are adequate, acceptable to the Board, correctly located and in a healthy condition.
Subsection B governs the stock: nursery stock of an approved species grown under the same climatic conditions as at the development, symmetrical in growth, free of insect pests and disease, suitable for street use and durable under the maintenance contemplated. Subsection C fixes the size, an average trunk diameter at a height of six feet above the finished ground level of a minimum of two to three inches, with the exact figure tied to good practice for the particular species. Subsection D sets the spacing at intervals of from 40 feet to 60 feet, depending on the species and the location of lot lines, along both sides of the street, inside the right-of-way, with the distance from the property line determined by the Planning Board.
Related sections fill in the rest. Section 97-40 requires local electric power, telephone and cable television lines to go underground and tells utility companies to place special emphasis on preserving the vitality and appearance of trees. Once a tree stands in the right-of-way, Chapter 107 takes over: under § 107-6 the Village Arborist, in consultation with the Tree Commission, governs the planting, maintenance and removal of trees on the streets, and under § 107-7B the Arborist regulates planting on streets and other publicly owned properties by granting permits with reasonable conditions. The Village Arborist is the Superintendent of the Department of Public Works or a designee. Section 107-14B also requires a written permit from the Village Arborist before anyone changes natural drainage or excavates ditches, tunnels or trenches, or lays any drive, within a radius of 20 feet from any public tree.
Violations & Fines
Section 97-48 sends every violation of the subdivision chapter to Article II of Chapter 1, where § 1-17 sets a fine not exceeding $2,000 or imprisonment for a term not exceeding 15 days, or both, with each day of a continuing violation a separate offense. Under § 97-46, violating a condition of a Planning Board subdivision approval is a violation of the chapter, and so is performing physical work on the land in breach of the subdivision rules. Breaking a Chapter 107 street tree rule is separately a misdemeanor under § 107-16, fined no less than $1,000 and no more than $2,000, or imprisonment not exceeding 15 days, or both.
Frequently Asked Questions
Do I have to plant street trees if healthy trees already line the road in my subdivision?
How far apart must street trees be planted in the Village of Southampton?
How big must a street tree be at planting?
Who controls a tree after it is planted in the street right-of-way?
Sources & Official References
Other rules in Southampton Village
New York rules heatmap·Compare Southampton Village to another location·View the New York tree protection overview
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