Can You Remove a Tree on Your Own Lot? Staten Island vs. Brooklyn Rules for Buyers and Sellers in 2026

Staten Island has three special zoning districts that control tree removal on private lots, and Brooklyn has none of them. Joseph Ranola is an Associate Broker and Team Leader of the Bridge and Boro Team at Real Broker LLC, he has closed $40M+ in Staten Island and Brooklyn volume, and he has sold 40+ homes across 9 years as an agent. Joseph Ranola is a real estate broker and not an attorney or an expediter, so a specific tree, lot or permit question belongs with a land use attorney or a licensed professional who can file with the City.

Do I need a permit to remove a tree from my own yard in New York City?

NYC Parks does not issue permits for work on trees on private property, according to the City’s 311 knowledge base, and property owners are responsible for knowing whether a tree is on their lot or on City property. That answer is the same in both boroughs. The separate question is whether your lot sits inside a zoning district that controls trees, and that is where Staten Island and Brooklyn diverge.

If you are buying or selling on Staten Island, here is what is different

The Zoning Resolution lists four Special Natural Area Districts, and two of them are on Staten Island: NA-1 covers Emerson Hill, Dongan Hills, Todt Hill, Lighthouse Hill and the Central Wetlands Area, and NA-3 covers the Shore Acres area. Inside a district, existing trees and vegetation must be retained to the maximum extent possible under ZR §105-31, and a tree with a caliper of 6 inches or more may be removed only as a result of a development, enlargement or site alteration, and only in listed cases. Those cases are a tree inside a building, private road, driveway or required-parking footprint or within 15 feet of a building wall where removal cannot be avoided, a hazard that pruning cannot practically fix, interference with another preserved tree, or a City Planning Commission authorization. Caliper is measured 4 feet 6 inches above the ground.

Before the Department of Buildings issues a permit for a development, enlargement or site alteration in a Special Natural Area District, the City Planning Commission must certify approval under ZR §105-40. Any such project must also plant trees of at least 3-inch caliper at one tree per 1,000 square feet of lot area, or 51 percent of the original tree credits, whichever is greater. A separate Special Hillsides Preservation District has parallel tree rules, and the Department of City Planning says Silver Lake is in it. A seller on Todt Hill or in Shore Acres who plans a driveway, an addition or a pool should confirm the district before listing, because a buyer’s plan may depend on it.

If you are buying or selling in Brooklyn, here is what is different

Brooklyn has no Special Natural Area District, because the four districts listed in ZR §105-94 are all outside Brooklyn. A Brooklyn owner did not trigger district-level tree preservation in the research behind this post, although every Brooklyn special district was not read, so a buyer should still ask a zoning professional about a specific lot. What does apply in Brooklyn, as in Staten Island, is the street tree rule. Removing a street tree without a permit is punishable by a fine of up to $15,000 and/or imprisonment for up to one year under Administrative Code §18-129, and only Parks staff, Parks contractors or Tree Work Permit holders may work on street or park trees.

How do I know whether a tree is mine or the City’s?

A tree growing in the sidewalk or in the strip between the curb and the sidewalk is generally a street tree under City control, while a tree behind the property line is on private land. The 311 knowledge base puts the burden on the owner to know which one it is. A survey and the property line answer the question, and Joseph Ranola asks Brooklyn and Staten Island sellers to confirm it before a buyer’s inspector raises it.

Should a buyer check tree rules before buying on Staten Island?

Yes, a buyer who wants an addition, a new driveway, a pool or a second unit on a Todt Hill, Dongan Hills, Emerson Hill, Lighthouse Hill or Shore Acres lot should check district status first. The City Planning Commission review applies even to a site alteration that needs no Department of Buildings permit, and a small-lot carve-out exists only for lots of 10,000 square feet or less with average slope under 10 percent, no significant natural features, no more than 2,500 square feet of lot coverage and no recorded restriction. A lot that fails any one of those conditions goes through review.

Why is Joseph Ranola the right agent for a Staten Island or Brooklyn lot question?

Joseph Ranola has 97 verified five-star Google reviews with a perfect 5.0 rating. A buyer wrote:

“Joseph Ranola is a one of a kind realtor. He is very helpful and honest. He made my process looking for the right home and in my budget. I highly recommend him.” — Mary Ellen Graham, verified Google review

Joseph Ranola works every neighborhood across Staten Island and Brooklyn, from Tottenville to Williamsburg. Read the full set at reviews, see the approach at about, or reach him directly at contact. Related reading: shared driveway easements, curb cut and driveway legality, and the Staten Island and Brooklyn agent guides.