Street Tree Planting Requirements for New Buildings
The City of New York recently passed a zoning text amendment which requires trees to be planted along the curb following the construction of new buildings and certain types of alterations citywide. All applicants must apply to the New York City Department of Parks & Recreation for street tree planting permits. In some circumstances, applicants will be able to opt out of the planting requirement by paying Parks a fee to plant the tree for them. The following page outlines the status of this program.
Summary of Zoning Requirements
The new zoning requires all new buildings and all enlargements exceeding 20% of the floor area to have 1 tree for every 25 feet of road frontage including existing trees. These requirements are just like other zoning rules in that they must be satisfied in order for the builder to obtain a Certificate of Occupancy. Similar requirements have been in place for Quality Housing Citywide and for Low Density Growth Management Areas in Staten Island. The new zoning provides credit for existing trees but also requires off–site planting if no suitable location can be identified for new trees on site.
DOB Application Procedure
To enforce the street tree zoning text amendment the Buildings Department has created two new required items that automatically apply to New Building, Alteration 1 and Alteration 2 (enlargement) applications. They are the Street Tree Checklist (ST–1), required prior to approval, and the Street Tree Sign–off, required prior to sign–off. More details can be found at the Department of Building's website.
Summary of Tree Planting Permit Requirements
The New York City Department of Parks & Recreation is the permitting agency for all trees within the public right–of–way; this includes curbside or "street" trees. As such, any entity, including builders, must apply for a permit–provided free of charge–in order to plant a tree.
Download the permit application and planting standards
Timeline for Receipt of Tree Planting Permit
Street Tree Planting is a seasonal job and can take place only during the two planting seasons: Spring (March 15 through May 15) and Fall (October 15 through December 15). We encourage people to request a permit in advance of the planting season. Permits are only valid for the upcoming planting season, but are renewable.
Parks is required to provide applicants with a permit within 3 weeks (15 business days) from the date their application is accepted by Parks. Parks cannot guarantee that permits applied for after April 1 or November 1 but prior to the end of the season will be processed in time for planting during that season, so it is important to plan ahead.
Two Special Cases
- If a builder is seeking a Certificate of Occupancy outside of the planting season
Currently, a builder must request a temporary Certificate of Occupancy until the next planting season begins. They may request a tree planting permit in advance of the planting season in which they expect to plant. - If no trees can be planted on site due to infrastructure constraints such as light poles, fire hydrants or building entrances
If no trees can be planted on site, the applicant may apply to Parks for a permit to plant at a different location. This location must be within the Community District or 1/2 mile of the development site. This process begins when the builder or landscape contractor sends Parks a permit application to plant offsite either in a location specified by the applicant or at an unknown location. It is then the responsibility of Parks to provide the sites and said permits within 30 days of receipt of the application. If no site is provided within that time frame, then the off–site planting requirement will be waived.
Parks Tree Fund
On July 15, 2008 a public hearing is scheduled to accept comments on a fee of $1,900 Parks has proposed to charge an applicant if they wish to opt out of planting trees in the above two special cases (off–site or out of season planting). These funds will be deposited into a dedicated Tree Fund and Parks will plant the tree for the applicant. The fund is expected to be in place by the end of August. Until that time, builders must follow the procedures outlined in the above Special Cases paragraphs.
Questions and Information
For any questions regarding these or other tree planting permit issues, please contact Parks' Central Forestry & Horticulture Division at (718) 760–6794 and ask to be put in contact with the Senior Forester for the borough in which you are working.