As a homeowner in West New York, you might think that the trees on your property are entirely your responsibility. While that’s partially true, there are important local laws and regulations you need to be aware of. Let’s break down the key points to keep you informed and compliant.
Tree Removal Permits
In West New York, you can’t just cut down a tree whenever you feel like it. Here’s what you need to know:
1. Permit Requirement: You need a permit to remove any tree with a diameter of 6 inches or more, measured at 4.5 feet above ground level.
2. Application Process: Submit an application to the West New York Department of Public Works. Include:
• Your contact information
• Property address
• Reason for removal
• Species and size of the tree
• A site plan showing the tree’s location
3. Inspection: A town arborist will inspect the tree and determine if removal is necessary.
4. Fees: There may be an application fee and potentially a tree replacement fee.
5. Exceptions: Emergency situations where a tree poses an immediate danger may not require a permit, but you should document the situation and inform the town as soon as possible.
Tree Protection During Construction
If you’re planning any construction or major landscaping, be aware of these regulations:
1. Tree Protection Zone: You must establish a protected area around existing trees during construction.
2. Root Protection: Avoid excavating or compacting soil within the drip line of protected trees.
3. Damage Penalties: Significant fines can be imposed for damaging or killing protected trees during construction.
Street Trees
Trees between the sidewalk and street (often called street trees or public trees) have special considerations:
1. Maintenance Responsibility: While the town owns these trees, homeowners are responsible for basic care like watering.
2. Pruning and Removal: Only the town or its approved contractors can prune or remove street trees.
3. Planting: Want to plant a street tree? Great! But you’ll need approval from the Department of Public Works for species and location.
Tree Replacement Requirements
If you’re granted permission to remove a healthy tree, you may be required to:
1. Plant a replacement tree on your property
2. Pay into the town’s tree fund if planting on your property isn’t feasible
The specific requirements depend on the size and species of the removed tree.
Neighbor Disputes
Trees can sometimes cause conflicts between neighbors. Here are some key points:
1. Overhanging Branches: You have the right to trim branches that extend onto your property, but only up to the property line.
2. Fallen Trees: If a healthy tree falls due to an “Act of God” (like a storm), the property owner where it lands is generally responsible for removal.
3. Negligence: If a tree falls due to clear neglect, the tree’s owner may be liable for damages.
Heritage Trees
West New York has a Heritage Tree program to protect trees of exceptional value:
1. Designation: Trees can be nominated for heritage status based on size, age, species rarity, or historical significance.
2. Protection: Heritage trees have additional protections and stricter removal criteria.
Fines and Penalties
Violating tree ordinances can result in significant fines, typically calculated per inch of trunk diameter. Repeat offenses can lead to increased penalties.
Stay Informed and Compliant
Tree regulations can change, so it’s always best to check with the West New York Department of Public Works before taking any action that might affect trees on or near your property.
Remember, these laws aren’t just bureaucratic red tape – they’re designed to protect and enhance our urban forest, which provides numerous benefits to our community, from improved air quality to increased property values.
At Tree Care Pros West New York, we’re not just tree care experts – we’re also well-versed in local tree regulations. If you have any questions about tree laws or need assistance with permit applications, don’t hesitate to reach out. We’re here to help you navigate the complexities of tree ownership in West New York while keeping our urban forest healthy and thriving!