Skip to main content
CityRuleLookup

Oyster Bay, NY Tree Protection: Protected Tree Species (2026)

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

Key Facts

Permit required from
8 inches DBH and up
Rare/endangered status
A review factor, § 225-6A(2)
Application fee
$5/inch DBH, $50-$75/tree
Permit term
6 months; renewal $150
Fine per tree
$350 to $1,000, or 15 days jail
Appeal deadline
30 days to Tree Management Commission

Summary

Before granting a tree removal permit, Oyster Bay's Department of Parks must weigh whether the tree sits on the New York State Rare Plant List as endangered or threatened, one of eight factors reviewed before any tree eight inches or more in diameter can legally come down.

In making a determination whether to grant, deny or grant with conditions a tree removal permit, the approval authority shall consider the following factors: (1) Whether the proposed tree removal is consistent with the purpose and intent of this chapter. (2) Whether the tree or tree(s) to be removed are of a species listed on the New York State Rare Plant List as endangered or threatened trees.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4036544; v24 updated 2023-03-07; through 03-07-2023).

Full Breakdown

5 feet above grade, anywhere in the Town outside its incorporated villages, unless the work falls under the narrow by-right exceptions in § 225-4 for dead, diseased, or emergency-hazard trees. Applications go to the Department of Parks, or the applicable site-plan or special-permit board, with a $5-per-inch DBH fee, capped at $75 per tree and a $50 minimum per application, filed at least 10 workdays before removal. In deciding whether to grant, deny, or condition the permit, § 225-6A directs the approval authority to weigh eight factors, the second of which is whether the tree being removed is listed on the New York State Rare Plant List as endangered or threatened.

Other factors include the need for removal, available alternatives, the tree's condition, and its impact on drainage, erosion, and buffer screening. The authority can require replacement planting from the approved species lists in § 225-6D and E, a compliance bond, and can revoke the permit with a stop-work order for noncompliance. Permits run six months and can be renewed for a $150 fee. A denial or contested condition can be appealed to the five-member Tree Management Commission within 30 days of the determination.

Violations & Fines

Section 225-12 makes each unpermitted or noncompliant tree removal a separate offense, punishable by a fine of $350 to $1,000, up to 15 days in jail, or both. Instead of, or along with, that fine, the Commissioner of the Department of Parks can require the violator to plant replacement trees up to the total DBH of what was unlawfully removed or substantially damaged.

Frequently Asked Questions

Does Oyster Bay outright ban removal of rare or endangered tree species?
Not outright. Under § 225-6A(2), the Department of Parks must consider whether a tree is listed on the New York State Rare Plant List as endangered or threatened when deciding whether to grant, deny, or condition a tree removal permit, alongside seven other factors like the tree's condition and available alternatives.
What size tree needs a permit before it can be removed in Oyster Bay?
Any tree with a diameter of eight or more inches measured 4.5 feet above the ground, the DBH threshold set in § 225-2 and § 225-3; removing one without a permit is unlawful unless it qualifies for the narrow by-right exceptions listed in § 225-4, such as dead or emergency-hazard trees.
What happens if someone removes a rare or protected tree without a permit?
Section 225-12 makes it punishable by a fine of $350 to $1,000, up to 15 days in jail, or both, with each tree removed counted as a separate offense; the Commissioner of Parks can instead require the violator to plant replacement trees equal to the removed tree's total diameter.

Sources & Official References

Other rules in Oyster Bay

All Oyster Bay rules

New York rules heatmap·Compare Oyster Bay to another location·View the New York tree protection overview

Get notified when Protected Tree Species in Oyster Bay, NY changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.