Tree rules in New York City: permits, protected trees and fees

This page reports what the official source says. It is not legal advice: ask the office named here. It describes NYC Parks pages on the Tree Work Permit, tree work activities, illegal tree work, the Tree Fund and consulting arborists, and the NYC Tree Valuation Protocol, as read on October 8, 2026. The wider list of cities is on the guide to tree permits in the largest US cities.

What the permit covers

The rules on these pages are about trees under city jurisdiction: street trees and park trees. The illegal tree work page says the city does not perform work on trees on private property, and says to consult a certified arborist for those. The Tree Work Permit page says work on or within 50 feet of a tree under city jurisdiction needs a Tree Work Permit from NYC Parks before the start of construction, done in line with the Tree Protection Protocol. It lists activities needing a permit: excavation near a street tree, utility installation or relocation, construction work near a street tree, street tree removal, stump removal, pruning and transplanting, pest management, ornamental decorations, tree guards, tree bed expansion and paving.

The tree work activities page adds detail. A project does not need a permit when work is solely between two curb lines, but tree protection must be in effect if the work is close to a city tree. It says some front yard trees are still within the city right-of-way. It says no tree in the mapped right-of-way or in a park can be removed without the written permission of NYC Parks, and that approvals from other city agencies are not that permission. Anyone wanting a street tree pruned at their own expense by a licensed arborist can request a no-fee Tree Work Permit.

Timing and who can apply

Construction-related applications must be received at least 20 business days before work starts.
Sidewalk repair within 50 feet of a city tree: applications at least 45 business days before work.
Planting permit requests: no later than May 1 for spring planting or December 1 for fall planting.
Applicants can be property owners, general contractors, tree work contractors, utilities and other entities; the page says Parks reserves the right to deny a permit to any contractor or entity in poor standing.

Roots, utilities and arborists on site

The activities page says no cutting or otherwise damaging of tree roots is permitted, that most utility connections can be installed without cutting roots by tunneling under the tree, and that a Certified Arborist must be onsite during all utility work. The consulting arborists page says Parks may require a Certified Arborist on site as a liaison, independent of the people doing the tree or construction work. It names the minimum credential: an ISA Certified Arborist, or a Registered Consulting Arborist of the American Society of Consulting Arborists. Parks asks for a Type I report for work on or near an existing city tree and a Type II report for Department of Buildings New Building and larger Alteration filings.

Replacement and the Tree Fund

For a street tree that is not dead, the activities page says Parks values it under the NYC Tree Valuation Protocol, and the applicant signs a notarized letter choosing payment or planting to satisfy the replacement fee. The protocol document says Local Law 3 of 2010 codified the method, the Caliper Law of 1980 (Administrative Code section 18-107) sets caliper replacement as the minimum, and Local Law 141 of 2021 caps replacement at no more than two times the caliper inches removed in zoning districts R1, R2 and R3. It converts the loss into three-inch caliper replacement trees or their planting cost. For fiscal year 2023 the protocol lists the planting cost per tree as:

Borough	Cost to plant one three-inch tree, fiscal year 2023
Bronx	US$3,000
Brooklyn	US$3,550
Manhattan	US$3,500
Queens	US$3,000
Staten Island	US$2,600

The protocol adds that the figure changes each fiscal year. A tree removed without approval is assumed to have been in perfect condition, sized from the stump. The Tree Fund page describes payment in lieu of planting for builders required by the Department of Buildings to plant street trees who cannot plant on site. Invoices are issued with a Parks-approved plan, card payment carries a 2.00 percent processing fee, and a refundable deposit option allows twelve months to plant in the fall (October 15 to December 15) or spring (March 15 to May 15) seasons.

Penalties

The illegal tree work page cites Title 18, Chapter 1, Section 18-129 of the Administrative Code. It says most violations are misdemeanors with a fine of up to US$1,000 and/or up to 90 days in prison, and that removing a tree without a permit or damaging trees carries a fine of up to US$15,000 and/or up to one year. It says no one may work on a tree unless employed by Parks, under a Parks contract, or holding a Tree Work Permit.