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Union, NY Tree Protection: Parkway Planting (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Lowest branch clearance
Not less than 10 feet from the ground
Perimeter strip width
Land not less than 10 feet in width
Planting authority
Commissioner of Public Works and Highway Superintendent
Tree care standard
ANSI A-300, where practicable and economically feasible
Cost of failure to trim
Assessed like real property taxes
Adopted
12-3-2023 by L.L. No. 1-2023

Summary

In the Town of Union outside the Villages of Endicott and Johnson City, the Town plants and maintains public trees and works toward ANSI A-300 tree care standards and best management practices where practicable. Owners and occupants must trim trees, bushes and hedges over a street or sidewalk so the lowest branches stay at least 10 feet above the ground.

A. Standards. The Town shall continue its current proven practices with respect to planting and maintenance of public trees, but to the extent practicable and economically feasible, the Town shall endeavor to conform to American National Standards Institute (ANSI) A-300 "Standards for Tree Care Operations" and endeavor to follow all tree care best management practices (BMPs). ... (2) Clearance. All ornamental shade trees, bushes and/or hedges standing within or whose branches or any part thereof extend over any public street, avenue, or sidewalk in the Town outside the incorporated villages shall be trimmed so that the lowest branches shall not be less than 10 feet from the ground and/or that no part of the bushes ... or hedges shall extend into the Town's right-of-way.

Full Breakdown

Chapter 188 of the Town of Union Code, adopted by the Town Board on 12-3-2023 as L.L. No. 1-2023, states its purpose in one line: to implement uniform practices governing the planting and care of trees on public property. Section 188-5(A) sets the planting and maintenance standard for public trees. The Town continues its current proven practices and, to the extent practicable and economically feasible, endeavors to conform to American National Standards Institute (ANSI) A-300 "Standards for Tree Care Operations" and to follow tree care best management practices. That is a goal the Town sets for itself. The chapter prints no spacing table, species list or minimum planting distance.

Section 188-3 puts the decisions in the hands of the Commissioner of Public Works and Highway Superintendent, or their designees. They hold full authority and responsibility to plant, prune, maintain and remove trees growing in the public property and/or perimeter strip and in rights-of-way of all municipal streets, Town parks and other Town property. The volunteer Tree Committee under § 188-4 is purely advisory to the Town Board. It reviews and updates a five-year proposed plan to plant and maintain trees on Town property and recommends a list of tree species for planting on Town property, but it has no authority over the Commissioner or Highway Superintendent. Its membership is capped at five volunteers approved by the Town Board.

The planting strip itself is defined in § 188-2. A perimeter strip is land not less than 10 feet in width adjacent to a street, side and rear lot lines, designed for visual separation between uses. It must contain earth, with organic mulch or similar material allowed, and it cannot be surfaced in whole or part with concrete, asphalt or other surface material. Public property means grounds owned and specifically maintained by the Town, includes grounds in the perimeter strip, and excludes easements, rights-of-way and property not currently regularly maintained by the Town. A public tree is any tree on Town-owned property.

Private owners carry a duty as well. Under § 188-5(B), the owner or occupant of the premises where trees, bushes or hedges stand must trim them. Ornamental shade trees, bushes and hedges standing within or extending over any public street, avenue or sidewalk in the Town outside the incorporated villages must be trimmed so the lowest branches are not less than 10 feet from the ground and no part of the bushes or hedges extends into the Town's right-of-way. The section cross-references Town Code § 83-7.1.

Violations & Fines

Chapter 188 as printed carries no fine of its own. If an owner fails to trim after a request from the Commissioner of Public Works, Highway Superintendent or Code Enforcement Officer, that official causes the tree, bushes or hedges to be trimmed and the cost is assessed in the same manner as real property taxes. Harming or removing a Town tree without written permission is a separate unlawful act under § 188-6.

Frequently Asked Questions

Who decides where and what the Town plants on public property in the Town of Union?
Section 188-3 gives the Commissioner of Public Works and Highway Superintendent, or their designees, full authority and responsibility to plant, prune, maintain and remove trees in the public property, the perimeter strip and the rights-of-way of municipal streets, Town parks and other Town property. The volunteer Tree Committee only advises the Town Board and recommends species.
How high must tree branches be over a sidewalk or street in the Town of Union?
Under § 188-5(B)(2), ornamental shade trees, bushes and hedges standing within or extending over a public street, avenue or sidewalk in the Town outside the incorporated villages must be trimmed so the lowest branches are not less than 10 feet from the ground. Bushes and hedges cannot extend into the Town's right-of-way. The owner or occupant carries the duty to trim.
What happens if I do not trim a tree the Town asks me to trim?
After a request from the Commissioner of Public Works, Highway Superintendent or Code Enforcement Officer, that official causes the tree, bushes or hedges to be trimmed. Section 188-5(B)(3) then assesses the cost in the same manner as real property taxes, so it lands on the property rather than being billed as a fine.
What does the Town of Union treat as a perimeter strip?
Section 188-2 defines it as land not less than 10 feet in width adjacent to a street, side and rear lot lines, designed for visual separation. It must contain earth rather than concrete or asphalt, and mulch is allowed. Grounds in the perimeter strip count as public property, so the Town's tree authority reaches them.

Sources & Official References

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