DEAR BLABBY: My long-time neighbor went all Paul Bunyan on me recently, cutting down several beautiful trees on their property, next to my property. I am not too happy about it. Can any one just cut down trees whenever they want in New Rochelle? Don’t they have to get a permit or pay into some sort of tree fund?
DEAR NOT TOO HAPPY ABOUT IT
Paul Bunyan can swing his axe and cut down any tree “as of right” except in two specific situations so the answer to your question is “it depends”.
New Rochelle City Code 301-25 always permits removing a tree when there is an actual or ongoing emergency condition or if the tree is sick. Smaller trees can always be removed where smaller means with a “DBH” of less than eight inches. DBH stands for diameter at breast height.
If it was not an emergency and these were larger trees then there are only two situations where your neighbor cannot cut down trees on his property: if the property is greater than 1 acre or if there is a case before the planning board. Any trees to be removed as part of a planning board case must be replaced with the same number of caliper inches of trees or the applicant can pay into the city tree fund.
A tree can be removed on an improved lot of less than one acre or any federal, county, state, and municipal property or in any other situation not specifically mentioned in the City Code. Also, one or two trees can be removed from an unimproved tax lot of less than one acre during a given twelve-month period.
If your neighbor is clearing trees because they are diseased or dangerous or small then there is no problem. If the tree clearing is part of a plan to improve your neighbors property, a plan that is required to go before the Planning Board, then removing the trees would require permission from the City of New Rochelle.
If you are not sure, the best thing to do is call the City Building Bureau at (914) 654-2035 for clarification. They do not appear to accept questions via email but they have a web page.
To get answers to your questions about New Rochelle, write Dear Blabby at dearbalbby@talkofthesound.com or Talk of the Sound, Downtown Bureau, 234 North Avenue New Rochelle, NY 10801.
