Greenburgh, NY Tree Protection: Protected Tree Species (2026)
Key Facts
- Trigger
- Tree on NYSDEC protected native plant list
- Size threshold
- None; any size is regulated
- Fine tier
- Up to $7,500 per tree
- Replacement rule
- Native trees, subject to DEC approval
- Doubled fines
- For 5+ trees or clear-cutting
Summary
Any tree New York's Department of Environmental Conservation designates a protected native plant cannot be cut down, topped or injured anywhere in unincorporated Greenburgh without a tree removal permit, and removing one without approval draws the code's steepest fine tier: up to $7,500 per tree.
Unless in possession of a tree removal permit issued pursuant to this chapter, no person shall purposely, carelessly or negligently cut down, remove, perform topping, excessively prune, cause injury to, damage, wound, break, kill, destroy, or commit any act which will lead to the eventual removal of: ... (3) Any tree designated by the New York State Department of Environmental Conservation as a protected native plant ... If a tree approved for removal is subject to § 260-4A(3), pertaining to trees designated by the New York State Department of Environmental Conservation as a protected native plant, the environmental value of such tree must be replaced by a native tree or trees and additionally any permit must be subject to any and all approvals required by the New York State Department of Environmental Conservation.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4570580; v39 updated 2025-10-22; through 10-22-2025).
Full Breakdown
Town Code § 260-4A(3) makes a DEC-designated protected native plant a regulated tree regardless of its size, unlike the general rule that only reaches trees over eight inches DBH; the code points applicants to the state's own published list of protected native plants to confirm status. Because these trees are regulated activities under § 260-4, removing, topping, injuring or otherwise destroying one requires a tree removal permit reviewed by the Board with jurisdiction over the related application, or by the Forestry Officer directly. Section 260-8E layers on extra conditions specific to this category: if a tree approved for removal is protected under § 260-4A(3), its environmental value must be replaced with native tree plantings, and the permit itself remains subject to any and all separate approvals the New York State DEC requires before removal can proceed.
That stacks the Town's own permit process on top of whatever state sign-off the DEC demands for a listed species, so a Greenburgh permit alone doesn't clear a homeowner to remove a DEC-protected tree.
Violations & Fines
Removing, injuring or destroying a DEC-protected native plant without a permit puts it in the code's highest fine bracket: up to $7,500 per tree, the same tier reserved for trees in conservation easement or designated buffer areas (§ 260-12G(7)). That fine doubles if the violation involved more than five regulated trees, amounted to clear-cutting, or occurred while an application was pending, and a civil penalty of up to $1,000 per day per tree can run at the same time (§ 260-12H), on top of the native-species replacement obligation in § 260-8E.
Frequently Asked Questions
Is a tree protected in Greenburgh just because it's a native species?
What extra steps apply if my permit covers a DEC-protected tree?
What's the fine for removing a DEC-protected tree without a permit?
Sources & Official References
Other rules in Greenburgh
New York rules heatmap·Compare Greenburgh to another location·View the New York tree protection overview
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Protected Tree Species in Nearby Cities
How other cities in Westchester County handle protected tree species.