S T A T E O F N E W Y O R K
________________________________________________________________________
5096
2021-2022 Regular Sessions
I N A S S E M B L Y
February 11, 2021
___________
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:
Section 1. Subdivisions b, c, and e of section 18-107 of the adminis-
trative code of the city of New York, as added by local law number 3 of
the city of New York for the year 2010, are amended to read as follows:
b. The department shall charge a fee for each permit issued pursuant
to this section, which shall [be sufficient to cover the cost of replac-
ing any tree proposed to be removed] NOT EXCEED TWO DOLLARS PER SQUARE
FOOT ON ALL PROPERTIES. IN CALCULATING SUCH FEE THE DEPARTMENT SHALL
USE PARCEL DIMENSIONS ON FILE WITH THE COUNTY CLERK TO DETERMINE THE
TOTAL SQUARE FOOTAGE OF THE LOT. In applying for a permit pursuant to
this section, a person shall specify whether such person intends to
plant replacement trees as directed by the department or have the
department plant replacement trees. If replacement trees are to be
planted by the person applying for the permit and are planted as
directed by the department, then the department shall return such fee to
such person upon completion of such planting. In all other cases, the
department shall retain such fee for purposes of planting replacement
trees.
c. Upon determining that a person may be issued a permit pursuant to
this section, the department shall inform such person in writing of the
fee required, the number and size of the replacement trees to be plant-
ed, [the method used in making these calculations,] and the period of
time prescribed by subdivision d or f of this section during which
replacement trees shall be planted. Such information shall be provided
to such person not more than ninety days following the filing of a
completed application for such permit.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08856-01-1
A. 5096 2
e. The department shall promulgate such rules as may be necessary to
implement the provisions of this section, including but not limited to
[rules governing the fee to be paid to the department and] any method
used to calculate the number and size of the replacement trees required
to be planted, provided that such replacement trees shall, at a minimum,
equal one caliper inch of replacement tree for each caliper inch of tree
removed. In promulgating such rules, the department shall substantially
comply with guidelines set forth by the international society of arbori-
culture.
§ 2. This act shall take effect immediately.