STATE OF NEW YORK
________________________________________________________________________
3383
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. REILLY -- read once and referred to the Committee
on Cities
AN ACT to amend the administrative code of the city of New York, in
relation to permits required for the removal of trees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions b, c, and e of section 18-107 of the adminis-
2 trative code of the city of New York, subdivisions b and c as added by
3 local law number 3 of the city of New York for the year 2010, subdivi-
4 sion e as amended by local law number 141 of the city of New York for
5 the year 2021, are amended to read as follows:
6 b. The department shall charge a fee for each permit issued pursuant
7 to this section, which shall [be sufficient to cover the cost of replac-
8 ing any tree proposed to be removed] not exceed two dollars per square
9 foot on all properties. In calculating such fee the department shall
10 use parcel dimensions on file with the county clerk to determine the
11 total square footage of the lot. In applying for a permit pursuant to
12 this section, a person shall specify whether such person intends to
13 plant replacement trees as directed by the department or have the
14 department plant replacement trees. If replacement trees are to be
15 planted by the person applying for the permit and are planted as
16 directed by the department, then the department shall return such fee to
17 such person upon completion of such planting. In all other cases, the
18 department shall retain such fee for purposes of planting replacement
19 trees.
20 c. Upon determining that a person may be issued a permit pursuant to
21 this section, the department shall inform such person in writing of the
22 fee required, the number and size of the replacement trees to be plant-
23 ed, [the method used in making these calculations,] and the period of
24 time prescribed by subdivision d or f of this section during which
25 replacement trees shall be planted. Such information shall be provided
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02021-02-3
A. 3383 2
1 to such person not more than ninety days following the filing of a
2 completed application for such permit.
3 e. The department shall promulgate such rules as may be necessary to
4 implement the provisions of this section, including but not limited to
5 [rules governing the fee to be paid to the department and] any method
6 used to calculate the number and size of the replacement trees required
7 to be planted, provided that:
8 1. Such replacement trees shall, at a minimum, equal one caliper inch
9 of replacement tree for each caliper inch of tree removed;
10 2. The number of caliper inches of replacement trees to be required in
11 zoning districts R1, R2 and R3 shall be no greater than twice the number
12 of caliper inches removed; and
13 3. In promulgating such rules, the department shall comply with guide-
14 lines set forth in the most recent version of the guide for plant
15 appraisal, published by the council of tree and landscape appraisers on
16 or before December 31, 2017, provided that the department shall review
17 each update to such standards and guide to determine whether any new
18 rules should be promulgated consistent with such updated standards and
19 guide.
20 § 2. This act shall take effect immediately.
