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Street Tree Planting Requirements for New Buildings
The City of New York 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 may be able to opt out of the planting requirement by paying into our Tree Fund and arranging for Parks to assume responsibility for the required plantings. The following page outlines the details of this requirement and the planting permit process.
Summary of Zoning Requirements
The current 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
For jobs pre-filed before May 3, 2010: 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 final sign-off. More details can be found at the Department of Buildings’ website.
For jobs filed on or after May 3, 2010: To avoid problems related to trees at the end of a project DOB has added 2 additional required items for jobs pre-filed after May 3, 2010. These requirements apply to New Building, and Alteration 1 and Alteration 2 enlargements. They are a Parks Plan Review Receipt (P-R) and a Parks signed-off Plan. Please see the Parks Plan Review tab on the Forestry Services page for more information.
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
Download the 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 1 through May 31) and Fall (October 1 through December 31). We encourage people to request a permit in advance of the planting season if they expect to plant the trees themselves or by private contractor. Permits are only valid for the upcoming planting season, but are renewable.
Parks is required to provide applicants with a permit within three weeks (15 business days) from the date their application is accepted by Parks. If a sealed site plan is on file with Parks, the permit will be issued within a week. Parks cannot guarantee that permits applied for after May 1 or December 1, but prior to the end of the season, will be processed in time for planting during that season.
Download the permit process flowchart
Two Special Cases
(Off–site Planting, Parks Tree Fund, etc.)
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If no trees can be planted on–site due to infrastructural constraints such as light poles, fire hydrants, building entrances, or other conflicts.
In this case, the builder is given two options:-
Conduct the plantings at another permitted off-site location chosen by the Parks Department. Parks’ permitted off–site location will be chosen within the same Community District or within 1⁄2 mile of the development site. This process begins when the builder or landscape contractor sends 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, the off–site planting requirement will be waived.
P-A Tree Forestry Application (PDF, 190 kB) -
Pay into the Parks Tree Fund a fee of $1,900 per required tree. These payments are accepted year–round.
Note: Upon payment into the Parks Tree Fund, the applicant will receive a sealed receipt to take to the Department of Buildings. This official receipt will satisfy their Certificate of Occupancy planting requirement. The funds will be deposited into a dedicated Tree Fund and Parks will plant the tree(s).
P-F1 Tree Fund Payment Application (PDF, 52 kB)
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Conduct the plantings at another permitted off-site location chosen by the Parks Department. Parks’ permitted off–site location will be chosen within the same Community District or within 1⁄2 mile of the development site. This process begins when the builder or landscape contractor sends 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, the off–site planting requirement will be waived.
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If a builder is seeking a Certificate of Occupancy outside of the planting season.
In this case, an eligible applicant can pay for all required trees a fee of $1,900 per tree to the Parks Tree Fund. These payments will be used for future street tree plantings by the Parks Department. The applicant may be eligible for a refund (see below) of the Tree Fund payment if they conduct the required plantings themselves during the next permissible planting season.
P-F1 Tree Fund Payment Application (PDF, 52 kB)
Tree Fund–Refundable Deposit Alternative
This option is available if it is outside of a planting season and a builder wants to obtain their Certificate of Occupancy by committing to plant trees during the next approved planting season.
In this case, the payee may indicate on the Tree Fund Payment Application that they will seek a refund if they are able to plant the tree(s) themselves based on construction schedule changes or other logistical circumstances. If a refund may be sought, the payee must check the appropriate box on the application. Parks will allow the applicant a period of six months from receipt of the application to plant trees during an approved planting season. The deposit will be returned upon completion of the final sign-off inspection verifying proper planting according to Parks’ Standards (PDF, 479 kB). If trees are not planted to our specifications, the applicant may not be eligible for a refund. In this event, Parks will retain the funds and plant the tree(s). Before planting, one must also apply for a street tree planting permit and state on the permit that they have applied to pay the refundable deposit.
Note: If after six months the applicant has not requested a final inspection, the refund will be forfeited and Parks will plant the tree(s). If seeking a refundable deposit from the Tree Fund, you are only allowed one month from the issued date of the punch list to request a re–inspection.
The following are examples of violations that will likely delay your final sign–off and refund:
- The tree pit size does not match the Work Order
- The size of the tree is incorrect
- The species of tree is incorrect
- The tree location is incorrect
- The tree is not planted to the correct depth
- The tree is not in excellent condition
- The tree was planted outside of the planting season
- The tree bed was not backfilled with good soil
- The burlap and top half of basket was not removed
- The paving, if applicable, is not installed to Parks’ standards
- The tree is not mulched properly
- The stakes and Arbor Tie™ (or equivalent material) are not installed correctly.
Be sure to read our Planting Standards (PDF, 479 kB) to ensure you receive your final sign–off and refund.
P-F1 Tree Fund Payment Application (PDF, 52 kB)
Questions and Information
For any questions regarding these or other tree planting permit issues, please review our Frequently Asked Street Tree Planting Questions. If you require further assistance, please contact Parks’ Central Forestry & Horticulture Division at (718) 760–6794 and ask to speak with the Senior Forester for the borough in which you are working.
