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Tonawanda, NY Tree Protection: Parkway Planting (2026)

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

Key Facts

Permit issuer
Superintendent of Highways, Town Board approval
Shrubs in right-of-way
Planting outright prohibited
Permit must state
Species, size, nursery grade, location
Excavation buffer
6 feet from a public tree needs a permit
Maximum fine
$250 per violation
Adopted
October 10, 1966 (L.L. No. 3-1966)

Summary

Planting any tree, shrub or bush within a Town of Tonawanda street right-of-way outside Kenmore requires a written permit from the Superintendent of Highways, approved by the Town Board, under Chapter 197. The permit must specify species, size, nursery grade, location and planting method, and can be voided if its terms are violated.

The Superintendent of Highways of the Town of Tonawanda shall direct, regulate and control the planting, care and removal of all trees now growing or hereafter planted within the right-of-way lines of streets and highways in the Town of Tonawanda, outside the corporate limits of the Village of Kenmore. ... No person shall plant a shrub, shrubbery or bushes within the right-of-way lines of any highway within the Town of Tonawanda. No person shall hereafter plant any tree within the right-of-way lines of any street or highway in the Town of Tonawanda, outside the corporate limits of the Village of Kenmore, or cause such acts to be done by others, without first obtaining a written permit from the Superintendent of Highways of the Town of Tonawanda, to be approved by the Town Board of said town. ... Every written permit issued by said Superintendent of Highways shall describe the work to be done, shall specify the species or variety and the size, nursery grade and location, shall briefly specify the method of planting and the method of support and trimming of all trees concerned and shall contain a definite expiration date.

Full Breakdown

Chapter 197, Trees and Shrubs, adopted October 10, 1966 by L.L. No. 3-1966, puts the Town's parkway and street tree program under the Superintendent of Highways, who directs, regulates and controls the planting, care and removal of all trees growing within the right-of-way lines of streets and highways in the Town of Tonawanda, outside the Incorporated Village of Kenmore, which runs its own program. Section 197-3 bars anyone from planting a shrub, shrubbery or bushes in a right-of-way at all, and bars planting any new tree there without first getting a written permit from the Superintendent that the Town Board must also approve.

Section 197-4 spells out what every planting permit has to contain: the species or variety, the size, the nursery grade, the exact location, the method of planting, the method of support and trimming, and a definite expiration date; a permit whose terms are broken may be declared void. Section 197-6 adds that no one may deposit stone, brick, sand, concrete, asphalt or similar material within a right-of-way that would block water, air or fertilizer from reaching a tree's roots without a separate written permit, and Section 197-7 requires a permit before excavating, trenching or laying a drive within six feet of a public tree, plus protective barriers around trees near construction.

Section 197-5 bars fastening signs, wire or rope to a public tree without a permit except in storm or accident emergencies. Together these sections mean nothing gets planted, or dug near, in a Tonawanda street right-of-way without the Superintendent's written sign-off.

Violations & Fines

Planting a tree, shrub or bush in a right-of-way without the required permit, or violating a permit's stated species, size, location or planting method, is punishable under Section 197-11 by a fine up to $250 or imprisonment up to 15 days, or both, with each day of a continuing violation a separate offense. The Superintendent can also void a permit outright if its terms are violated.

Frequently Asked Questions

Can I plant a tree in the strip between the sidewalk and street in Tonawanda?
Only with a written permit from the Superintendent of Highways that the Town Board approves. Section 197-3 requires the permit before planting any tree in that right-of-way, and Section 197-4 requires it to specify species, size and location.
Can I plant shrubs or bushes along my street frontage?
No. Section 197-3 flatly bars planting shrubs, shrubbery or bushes within the right-of-way lines of any Town highway or street, with no permit option available for that category of planting.
Do I need a permit to dig near a street tree for a new driveway?
Yes. Section 197-7 requires a written permit before excavating, trenching or laying a drive within six feet of a public tree, and the builder must put up protective barriers during construction.
What happens if I plant a different species than the permit allowed?
The Superintendent can declare the permit void under Section 197-4, and continuing the unauthorized planting exposes you to the Section 197-11 penalty of up to a $250 fine or 15 days in jail.

Sources & Official References

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