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Mount Vernon, NY Tree Protection: Protected Tree Species (2026)

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

Key Facts

Endangered/threatened list source
NY 6 NYCRR 193.3 + Westchester County list
Endangered trees automatically count as
a protected significant tree
Permit needed before removal
yes, DPW permit
Advance notice required
20 business days
Permit fee per tree
$50
Board review trigger
ARB/Planning Board apps, 5-year window
Clear-cutting of 2+ trees
strongly limited

Summary

Mount Vernon's tree code automatically classifies any state-listed endangered or threatened tree as a "significant tree," which cannot be removed without a Department of Public Works permit and, if a construction project is involved, sign-off from the Architectural Review Board or Planning Board. The protection tracks New York's protected native species list and the Westchester County list of endangered plants.

ENDANGERED OR THREATENED TREE: A tree listed as endangered or threatened on the New York protected native species list, 6 NYCRR 193.3, and/or the Westchester County list of endangered plants. ... SIGNIFICANT TREE: ... A tree that is protected under this chapter when it either: A. Has reached maturity, defined as, measuring 10 inches in diameter (31 inches circumference) or greater, at breast height (DBH), measured at 4.5 feet above natural grade level; or B. Has reached 75% of its maturity; or C. Is an endangered or threatened tree, as defined under the definition of 'endangered or threatened tree' in this § 252-2; or D. Is a heritage tree...

Full Breakdown

" Classifying a tree as significant pulls it out of the routine removal exemptions in § 252-4B(1): a homeowner cannot fell it just because it is small or inconvenient, and instead must file a tree removal permit application with the Department of Public Works under § 252-5, giving the City at least 20 business days' notice before removal and paying a $50 per-tree fee, waived only if the City Tree Surgeon finds the tree diseased or dangerous. If the property is also before the Architectural Review Board or Planning Board for a certificate of appropriateness, subdivision, site plan, or special use permit, § 252-6B and § 252-6C separately bar removal of any significant tree, endangered species included, without that board's approval within a five-year look-back window.

In deciding whether to allow removal, § 252-9 directs the approving authority to weigh factors including disease, hazard to safety, and whether removal amounts to prohibited "clear-cutting" of more than two trees on a lot.

Violations & Fines

Removing or authorizing removal of an endangered, threatened, or otherwise significant tree without the required Department of Public Works permit, or without Architectural Review Board or Planning Board sign-off when a board review applies, violates §§ 252-4B(2) and 252-6. A contractor who causes sidewalk, structure, or property damage while removing a tree is separately liable for those repair costs under § 252-4B(4).

Frequently Asked Questions

Can I remove a tree on my property if it's a state-listed endangered species?
Not without a permit. Because § 252-2 makes any endangered or threatened tree a "significant tree," you must apply to the Department of Public Works under § 252-5, give the City 20 business days' notice, and pay the $50 removal fee before cutting it down.
Who decides if my endangered tree can come down?
The Building Department and Department of Public Works decide after an inspection by the City Tree Surgeon, and, if you're also seeking board approval for construction, the Architectural Review Board or Planning Board must sign off separately under § 252-6.
What list does Mount Vernon use to decide a tree is endangered?
§ 252-2 ties the definition to the New York protected native species list at 6 NYCRR 193.3 and to the Westchester County list of endangered plants.

Sources & Official References

Other rules in Mount Vernon

All Mount Vernon rules

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