Smithtown, NY Tree Protection: Protected Tree Species (2026)
Key Facts
- Trigger
- Habitat for rare/protected species on the parcel
- Required outcome
- Clustered subdivision layout
- No-build buffer
- 100 feet from significant wildlife habitat
- Reviewing body
- Planning Board with Conservation Board input
- First-offense fine
- $500 to $5,000
Summary
Smithtown forces residential subdivisions to cluster, rather than spread across the whole parcel, whenever the land holds habitat for rare, threatened, endangered or protected plants and animals. Once flagged, that ground is off-limits to clearing, grading or construction under the Town's environmentally sensitive lands rule.
A proposed residential subdivision shall be clustered if it will impact on any of the following natural resources or phenomena: ... [10] Habitat for rare, unique, threatened, endangered or protected species of plants and animals, such as bogs, pine barrens and ecotones.
Full Breakdown
" If a site contains that kind of habitat, the subdivision cannot be laid out as a standard grid of lots; it must be clustered under § 281 of the New York Town Law so the sensitive acreage is set aside rather than built on lot by lot. Once land is classified as environmentally sensitive, § 322-19C bars excavation, storage, compaction, construction activity, vegetation removal or the placement of fill on it, and § 322-19D adds a 100-foot no-build buffer around any wetland, escarpment, natural surface water feature or significant wildlife habitat for structures ranging from buildings and decks to swimming pools, fences and driveways.
The Conservation Board (Ch. 21) and the Town's Environmental Protection Director review subdivision and site plan applications for compliance with these findings before the Planning Board can approve a final plat. Because the habitat-species criterion lives inside the subdivision review chapter rather than a stand-alone species ordinance, it only bites when a parcel is actually being subdivided or platted; it does not create a general permit requirement for removing individual trees on an already-developed residential lot (that is handled separately under Chapter 285, the Tree Preservation and Land Clearing Law).
Violations & Fines
A subdivision that fails to cluster around identified protected-species habitat cannot receive final plat approval from the Planning Board. Because the clustering criteria are enforced through the Chapter 322 zoning approval process, violations of the resulting environmentally sensitive lands restrictions in § 322-19 are prosecuted under the Chapter 322 penalty schedule of § 322-106: fines of $500 to $5,000 for a first offense, up to $10,000 for a second offense within five years, and up to $15,000 plus possible imprisonment for a third offense.
Frequently Asked Questions
Does Smithtown ban building on land with endangered species habitat?
Does this rule apply if I just want to remove a tree from my yard?
How close can I build to a wildlife habitat area in Smithtown?
Sources & Official References
Other rules in Smithtown
New York rules heatmap·Compare Smithtown to another location·View the New York tree protection overview
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Protected Tree Species in Nearby Cities
How other cities in Suffolk County handle protected tree species.