Clarkstown, NY Tree Protection: Protected Tree Species (2026)

" Unlike most of the permit triggers in §270-6A, which key off diameter at breast height (DBH) thresholds of eight inches or the density of cutting on a lot, the NYSDEC-protected-plant trigger applies regardless of size: any protected native plant designated by the state agency needs a permit from the Town's Department of Engineering and Facilities Management (DEFM) before it can be cut, removed or destroyed. The application must include a boundary survey, an estimate of trees on the property, the area of the tract, the location of streams and wetlands, and the street, block and lot number, per §270-10, and trees to be cut must be marked with red tape rather than paint or other permanent marking.

DEFM or its designee then reviews the site under §270-11 to determine whether removal would impair drainage, cause soil erosion, or otherwise affect the physical, environmental or aesthetic value of the land, and must inspect and tag the site before a related building permit is approved under §270-12. A nonrefundable fee accompanies the application per the Town's Consolidated Fee Schedule under §270-13. This permit requirement is separate from, and narrower than, the exception in §270-6B(3) that lets NYSDEC-designated invasive species be removed without any permit at all, so the two provisions pull in opposite directions depending on whether the state has classified the plant as protected native or invasive.