Oyster Bay, NY Tree Protection: Protected Tree Species (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.
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?
What size tree needs a permit before it can be removed in Oyster Bay?
What happens if someone removes a rare or protected tree without a permit?
Sources & Official References
Other rules in Oyster Bay
New York rules heatmap·Compare Oyster Bay to another location·View the New York tree protection overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.