Contact NYC Tree Company for your tree care and tree service needs now. If you do damage the tree, your neighbor can sue you for triple the stumpage value of the tree. The email address cannot be subscribed. The City has a duty to maintain its roads in a reasonably safe condition and that duty includes the trimming of trees to assure visibility. City of New York, 84 A.D.3d 640 (1st Dep’t 2011). Where a tree on private property is protected under the provisions of the Private Tree Bylaw, pruning of the tree is permitted provided the pruning is in accordance with good arboricultural standards. The Department of Parks and Recreation conducts routine pruning every year on a portion of City trees in each community board. NYC Laws Regarding Tree Removal Tree removal on city property. Washington State's Neighbor Law for Neighbors and Trees, New York City Department of Parks and Recreation, New York City Department of Parks and Recreation Forestry Service Request Form. New York state law does not actually say much about these division fences, except in the context of more rural residents such as farmers and ranchers. New York City does not claim responsibility for trees that are located on or have fallen on privately owned property. It is advised that individuals check local laws before any tree trimming or cutting takes place. We recommend using New York Property Line and Fence Laws at a Glance. Although the base of a tree may be in your neighbor's yard, when branches, limbs or roots cross over the boundary line, they may constitute a nuisance. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. A permit must be obtained before any trees are injured or removed. Before felling a tree of any kind, many California municipalities require permits or special permissions in accordance with town and city ordinances. However, general New York criminal statutes, such as those related to … Stay up-to-date with how the law affects your life, Name However, if your neighbor refuses to trim their hazardous tree, you have serious concerns about the maintenance of a division fence, or any other neighborly dispute, you may need professional legal help. Read on to learn about property line and fence laws in New York. For years, cities and counties required property owners to pay a fee and get a permit to remove or trim a tree. Another area of concern among homeowners is tree trimming. The main reasons to remove a tree from New York City property are: if the tree is dying or is already dead; if a large branch or a limb has fallen off the tree; if the tree is leaning or uprooted and may fall over; if the trunk has been split; or if the tree is simply in poor condition. DOT, working through its own staff and contractors, cuts or prunes trees to address the following concerns: Application of By-law 2 No person shall: a. injure or destroy a tree growing on public property; or b. plant any tree or any part of a tree on public property,without first having obtained a Permit issued by the Forestry Supervisor pursuant to this By-law. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. 1. Copyright © 2020, Thomson Reuters. Liability does not apply automatically; the City must have had actual or constructive notice of the dangerous condition. From the NYC Department of Parks and Recreation: Since 1996, Parks has pruned established street trees on a neighborhood–by–neighborhood basis. Richard Daub is a professional journalist based in New York City and the author of three books: "Pork Chops and Subway Cars" (a collection of essays); "Above the Glamour" (a biography); and "Circle in the Weeds" (a novel). By contrast, tree removal in New York City just requires a permit from the parks department. A tree that is located on the boundary line cannot be removed unless both parties agree to do so. In fact, fences and other boundary concerns are a common cause of neighbor disputes which can become very contentious. However, if you don't keep animals on your land within five years of the construction or repair of the fence, you're not responsible for it. Apt 5E New York, NY 10032 1-(877)-969-5282. And although many of the applicable laws are actually governed by individual cities and neighborhood associations, there are some statewide rules you should know about. 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