City of Albany Code Ch. 337 requires replacement trees when street trees or trees on public land are removed. Typical 1:1 replacement with 2-inch caliper minimum. Town of Bethlehem requires replanting in subdivisions. NYSDEC requires restoration plans for wetland buffer removals under ECL §24-0701.
Tree replacement rules in Albany County are applied at the municipal level. City of Albany Code Chapter 337 (Trees) requires any approved removal of a street tree or city-park tree to be followed by replacement planting at 1:1 ratio minimum, with replacement trees being at least 2-inch caliper, on the City Forester's approved species list (favoring native species like red oak, sugar maple, and American linden adapted to USDA Hardiness Zone 5b/6a). Town of Bethlehem Chapter 128 Subdivision Regulations require tree preservation and replacement plans for new subdivisions, typically 1:1 for trees over 6 inches DBH. Town of Colonie requires a Landscape Plan with commercial site plan submissions (§190-77). NYSDEC Freshwater Wetlands Act (ECL Article 24) and Tidal Wetlands Act (ECL Article 25) mandate mitigation and restoration planting where authorized removals occur within regulated wetland adjacent areas. Replacement trees must be maintained for 2 years in most local ordinances; failure to survive requires re-planting. Fee-in-lieu is accepted by the City of Albany Tree Fund when on-site planting is not feasible.
Failure to plant required replacements: City of Albany Ch. 337 — $250 to $1,000 per missing tree plus appraised value. NYSDEC wetland mitigation failures: up to $10,000/day (ECL §71-2303). Fee-in-lieu non-payment may result in lien under NY Real Property Tax Law.
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