Rules change, and villages have their own. This guide summarizes each town's code as of 2026-11-07. Always confirm with your town or village (links below) before cutting. A licensed contractor should know the local rules too.
Permit rules by town
| Town | When a permit is needed | Official source |
|---|---|---|
| Hempstead Nassau |
Permit needed for trees between the curb and your property line (the town right-of-way). Most backyard trees on private land don't need a Town of Hempstead permit, but incorporated villages can differ. | Town of Hempstead — Curbside Tree Permit (Code Ch. 184) |
| North Hempstead Nassau |
Permit required for trees 6"+ in diameter at 4.5 ft above ground, including on private residential property in unincorporated areas. Many North Hempstead villages run their own tree laws. | Town of North Hempstead — Preservation of Trees |
| Oyster Bay Nassau |
Application to the Highway Department Tree Bureau is required to remove trees 8"+ in diameter on any property in the unincorporated town. The Gold Coast villages have their own, often stricter, rules. | Town of Oyster Bay Code, Chapter 225: Trees |
| Huntington Suffolk |
Permit required for Landmark, Large or Medium trees, or more than three Small trees within one year. Applications are online through the Planning Department. | Town of Huntington — Tree Removal Permit (Planning Dept.) |
| Smithtown Suffolk |
Chapter 285 (Tree Preservation and Land Clearing) protects woody plants over 3" in diameter (measured 3 ft up) and at least 6 ft tall. Residential lots that cannot be further subdivided are generally exempt, and larger lots that could be split are not. | Town of Smithtown Code, Chapter 285: Trees |
| Islip Suffolk |
Chapter 57 bars cutting or removing any tree without the property owner's written consent. Clearing land of trees and brush requires a land-clearing permit through Planning. Typical single-tree removals on private residential lots generally don't need a town permit, but confirm for large or protected trees. | Town of Islip Code, Chapter 57: Trees |
| Babylon Suffolk |
Trees in the public right-of-way are the town's and need approval. Removing smaller trees from your own residential property generally doesn't need a permit. Always check the rules for your village or for larger or protected trees. | Town of Babylon — official site |
| Brookhaven Suffolk |
Chapter 70 requires a permit to clear protected trees (over 3" diameter at 3 ft, 6 ft+ tall) on residential land of 2 acres or more, with contiguous parcels under the same owner combined. The town issues clearing permits only alongside a building permit. | Town of Brookhaven — Tree Clearing |
Town of Hempstead (Nassau County)
- Residential right-of-way tree permit: $25. Trees abutting commercial property: $150.
- The town doesn't grant permits to remove healthy, growing curbside trees.
- A removed tree must be replaced, preferably behind your property line.
- Unpermitted curbside removal can mean a fine (up to about $250 per tree) plus mandatory replanting.
Villages with their own rules: Freeport, Valley Stream, Rockville Centre, Garden City, Lynbrook, Hempstead Village, Malverne. Contact: Highway Department: (516) 489-5000. Tree removal in Hempstead →
Town of North Hempstead (Nassau County)
- Threshold: 6 inches diameter at breast height (4.5 ft).
- Fees: $25 for 1–2 trees, $50 for 3–5 trees, then about $10 per additional tree.
- Processing typically takes 10–20 days. Plan ahead for non-emergency work.
- Fines: $500–$5,000 for a first offense, $5,000–$10,000 for repeat offenses.
Villages with their own rules: Great Neck (and the Great Neck villages), Roslyn, Flower Hill, Sands Point, Port Washington North, Plandome, Munsey Park, Westbury, Mineola, Williston Park. Tree removal in North Hempstead →
Town of Oyster Bay (Nassau County)
- Threshold: 8 inches in diameter.
- File with the Town of Oyster Bay Highway Department, Tree Bureau (150 Miller Pl., Syosset).
- Code: Chapter 225, Trees.
- Incorporated villages (e.g. Massapequa Park, Farmingdale, Mill Neck, Brookville) apply their own tree laws.
Villages with their own rules: Massapequa Park, Farmingdale, Bayville, Oyster Bay Cove, Mill Neck, Lattingtown, Brookville, Muttontown, Laurel Hollow, Sea Cliff. Tree removal in Oyster Bay →
Town of Huntington (Suffolk County)
- Fee: $25 per five trees (or portion), capped at $500 for single-family residential.
- Dead, dying or hazardous trees: exemption with an ISA Certified Arborist letter and photos.
- Application needs your Suffolk County Tax Map number, photos, a sketch or survey, and the contractor's Suffolk County Home Improvement license number.
- Permits are valid for one year. Starting work early can triple the fee.
Villages with their own rules: Northport, Huntington Bay, Lloyd Harbor, Asharoken. Contact: Town Hall: (631) 351-3000. Tree removal in Huntington →
Town of Smithtown (Suffolk County)
- Covered trees: over 3" diameter at 3 ft above ground and 6 ft+ tall.
- Key question: can your lot be subdivided under Smithtown zoning? If yes, a permit is likely required.
- Applications go to the Town Clerk. Expect roughly 10–20 days.
- Violations can bring fines of up to $10,000.
Villages with their own rules: Village of the Branch, Head of the Harbor, Nissequogue. Tree removal in Smithtown →
Town of Islip (Suffolk County)
- Owner's written consent is required for any tree work, which matters for renters, estates and shared property lines.
- Land clearing needs a permit with a survey showing the areas to be cleared and all trees over 10".
- Trees near wetlands or in historic districts may need approval.
- Right-of-way (street) trees are the town's. Contact DPW.
Villages with their own rules: Brightwaters, Islandia, Ocean Beach (Fire Island), Saltaire (Fire Island). Tree removal in Islip →
Town of Babylon (Suffolk County)
- Right-of-way / street trees: contact the town before any work.
- Private yard trees: generally exempt below roughly 5–6" diameter. Confirm for larger trees.
- Incorporated villages (Lindenhurst, Babylon, Amityville) have separate codes.
- Hire a Suffolk County–licensed home-improvement contractor. It's required for tree work.
Villages with their own rules: Lindenhurst, Babylon, Amityville. Tree removal in Babylon →
Town of Brookhaven (Suffolk County)
- Residential trigger: 2 acres or more (contiguous parcels are combined).
- Protected tree: over 3" diameter measured 3 ft up and at least 6 ft tall.
- Starting before approval can triple the application and review fees.
- Fines: $500–$2,000 for a first offense, with steeper penalties for ignoring stop-work orders. Central Pine Barrens parcels have additional state rules.
Villages with their own rules: Port Jefferson, Patchogue, Bellport, Lake Grove, Old Field, Poquott, Belle Terre, Shoreham. Tree removal in Brookhaven →
East End towns and cities
Southampton, East Hampton, Riverhead, Southold and Shelter Island, plus the cities of Glen Cove and Long Beach, each have their own tree and land-clearing rules, often tied to wetlands, the Central Pine Barrens or coastal zones. Check with the town or city planning or building department before any removal.
Two rules that apply everywhere
- Your contractor needs a county license. Tree work counts as home improvement in both Nassau County (licensed by Consumer Affairs) and Suffolk County (licensed by Consumer Affairs, exam required). Ask for the number.
- Call 811 before digging or grinding. Dig Safely New York marks buried utility lines for free.
Frequently asked questions
How do I know if I'm in a village or just the town?
Check your property tax bill or your town's tax map lookup. If an incorporated village is listed (e.g. Garden City, Northport, Lindenhurst), the village's tree rules usually apply. Your mailing address alone doesn't tell you.
Do I need a permit to remove a dead tree?
Often it's exempt or easier, but not automatically. Huntington, for example, requires an ISA Certified Arborist letter and photos to confirm the tree is dead or hazardous. Document it before cutting.
What about emergencies, like a tree on my house after a storm?
Towns generally allow emergency work to prevent imminent danger, but take photos and notify the town afterward if your town has a permit law. Call PSEG first if any wire is involved.
Who files the permit, me or the contractor?
Either, but licensed contractors usually handle it, and some towns (like Huntington) require the contractor's Suffolk County Home Improvement license number on the application.
Do I need a permit for stump grinding?
Generally no. Permits govern removing trees, not grinding an existing stump. Do call 811 for a utility mark-out before any grinding or digging.
