Tree Removal Permits by Town: Amherst, Cheektowaga, Clarence, Tonawanda and Williamsville

Why the Town You Live In Decides Everything

Homeowners usually ask one question: “Do I need a permit to take down my tree?” The honest answer in Erie County is “it depends on a postal address that is not on your mailing label.” Two houses a mile apart can sit under completely different tree laws, because New York leaves tree regulation to each town, village and city.

A few things that matter before you read the town sections:

• Towns and villages are separate. Williamsville, Kenmore and several other villages sit inside towns but write their own codes. The Town of Tonawanda’s tree chapter, for example, specifically covers rights-of-way outside the Village of Kenmore.
• Who owns the ground under the tree matters more than who owns the tree. A tree between the sidewalk and the curb is usually a town or village tree. Residents are prohibited from removing it, and the municipality has its own process for dead and dying ones.
• Size and lot type are the usual triggers. Most suburban codes look at trunk diameter (called caliper, measured a few inches above the ground) and whether the lot is developed, large or vacant.
• Wetlands add a second layer. A tree in or beside a regulated wetland can need state or federal sign-off on top of any town permit. Amherst’s own application asks for wetland determinations on parcels over one acre.

Side-by-Side: Permit Rules in Five Erie County Towns

Amherst

Amherst is the one most homeowners get wrong, in both directions. The town code’s tree chapter (Chapter 179) says it is unlawful to cut down or destroy a tree with a caliper greater than four inches, measured six inches above the ground, on privately owned land without a tree removal permit from the Commissioner of Building. That sentence is subject to exceptions in a subsection we could not read directly.

The Building Department’s own permit page is more specific about who actually has to apply. It says the Tree Removal Permit is “used for an undeveloped property or property size over 1 acre,” and that living trees “would need to be 4" in caliper or greater.” In practice, that points to a typical developed residential lot under an acre falling outside the permit requirement, while a large lot, an estate property or a vacant parcel does not.

What an Amherst application asks for

• A description and location of every tree, with the species, the caliper and whether it is living or dead, and the reason for removal.
• A sketch showing where the trees are.
• Every tree to be removed physically marked with orange paint or orange cloth, so the Town’s forester can find it.
• For parcels over one acre, a wetland determination from the U.S. Army Corps of Engineers. Over about 12.4 acres, one from NYS DEC as well.

Town trees are off limits

Amherst’s Tree Policy is blunt: “Residents are prohibited from removing any Town owned trees.” The Forestry Division, part of the Parks Department, removes diseased or dead town trees, and it will not remove a healthy town tree because its roots lifted a sidewalk. Under Article IV of the tree chapter, owners who receive notice from the Town must also remove their own dead, diseased or dangerous trees and limbs that threaten the public. The Highway Department can be reached at (716) 631-7117 about a town tree.

Cheektowaga

Cheektowaga has the most explicit residential rule in the area, and it is stricter than many homeowners expect. Chapter 229 of the town code makes it unlawful for any owner, “or any other person,” to remove or destroy a tree growing on land in the town without a tree removal permit from the Town Building Inspector. It then lists two exceptions:

Caliper is measured six inches above the ground. A 12-inch trunk at that height is roughly 38 inches around, which describes a large share of the mature maples, ash and silver maples that line Cheektowaga streets. For a typical mature-tree removal on a typical lot in this town, the answer is a permit.

What the Cheektowaga application requires

• A tree removal plan marking every tree four inches or larger in caliper, with the common species name of each.
• A tree protection plan for trees that stay, with construction fencing at the drip line.
• A property owner’s authorization affidavit, and certificates of insurance for the contractor or a waiver.
• Fees: the town’s 2017 application form lists residential removals at $2.00 per tree for trees beyond the first three, with a $20 minimum, and a $500 flat fee for commercial property, plus possible “compensatory tree money.” Fees change, so confirm the current amount.

Applications go to the Office of Building and Plumbing Inspections, 275 Alexander Avenue, Cheektowaga, NY 14211, (716) 686-3470.

See our Cheektowaga tree removal page for the areas we serve.

Clarence

Clarence does not have a one-page “tree removal permit for homeowners” the way Cheektowaga and Amherst do, and the Building Department’s FAQ page does not mention tree permits at all. What it has is two separate chapters of the town code that can apply depending on what you are doing.

Chapter 131: Landscape and Tree Conservation

This chapter makes certain activities unlawful without an approved landscape plan or tree removal permit. The triggers we found are about scale and setting, not about one tree in a back yard:

• Clearing more than about a quarter acre for a new single-family home site (not counting driveways and septic areas), unless a subdivision approval sets a stricter limit.
• Removing more than 10 trees in a regulated setback area.
• Clear-cutting.
• Removing street or park trees. The town’s stated policy is to replace any street tree it removes for just cause.

Chapter 79: Clearing, Filling and Grading

This separate chapter requires a permit from the Town Board before anyone clears, fills or grades land. For this chapter, tree removal is defined as removing brush and trees over four inches in diameter, measured four feet above the ground. Whether it reaches a single tree on a finished residential lot is a question for the Building Department, and we would not guess. If your project involves multiple trees, a lot being cleared for building, or heavy equipment grading, assume you need to ask.

Clarence’s Building Department is at 6221 Goodrich Road, (716) 741-8930. See our Clarence tree removal page for the areas we serve.

Town of Tonawanda

The Town of Tonawanda’s tree chapter, Chapter 197 (Trees and Shrubs), is written around public streets. The Superintendent of Highways directs, regulates and controls planting, care and removal of every tree within the right-of-way lines of streets and highways outside the Village of Kenmore, and no one may remove, trim or otherwise work on those trees without a written permit. The town also requires a replacement tree whenever one is removed or destroyed.

We did not find a provision in that chapter requiring a permit to remove a tree growing wholly on a private lot. That fits what our crews see in the field, but we could not read every section of the chapter, so confirm before you cut a large tree, especially one near the front lot line where the right-of-way boundary may be closer than you think.

• Street tree problem? The Highway Department takes a work order at (716) 875-8822 and sends a supervisor to look at the tree.
• Kenmore and the City of Tonawanda are different jurisdictions. The Village of Kenmore is excluded from the town chapter, and the City of North Tonawanda has its own tree code.

Our Tonawanda tree removal page lists the neighbourhoods we serve.

Village of Williamsville

Williamsville is a village inside the Town of Amherst with its own Chapter 101 (Trees), administered with a Tree Board and the Department of Public Works. The chapter defines street trees as those in the right-of-way of village streets, assigns a Tree Board to plan the planting, pruning and removal of street and park trees, and prohibits cutting or injuring shade trees along village streets.

What we could not confirm from the text available to us is whether the village requires any permit to remove a tree standing wholly on private property. The tree chapter emphasises protecting mature street trees, including during construction and utility work. Until you have an answer from the village, assume this:

• A tree between the sidewalk and the curb is a village tree. Do not touch it. Ask the Department of Public Works.
• The Amherst rules in the section above are for the Town of Amherst. They do not automatically apply to a Williamsville village address, and the village’s rules do not automatically match the town’s.
• If your lot is large, near a stream, or in a historic or design-controlled area of the village, ask before you schedule work.

Our Williamsville tree removal page covers the neighbourhoods we serve.

How to Measure Your Tree Before You Call

Because both Amherst and Cheektowaga key off caliper, the single most useful thing you can do is measure the trunk yourself. It takes two minutes:

1. 1
   Find the measuring point. Six inches above the ground, on the uphill side if the tree is on a slope. That is the height both towns specify.
2. 2
   Wrap a tape measure around the trunk at that point and note the circumference.
3. 3
   Divide by 3.14 to get the diameter. A trunk 38 inches around is about 12 inches across. A trunk 12.5 inches around is about 4 inches across.
4. 4
   For multi-stem trees, ask the building department how they count. Some codes measure each stem, others use a combined figure.

Dead, Dying or Dangerous Trees: Does That Change Anything?

Often, but not always the way people hope. A dead tree is more urgent, but it is not automatically exempt:

• Amherst: the permit application asks whether each tree is living or dead, which tells you the Town reviews dead trees too. Separately, owners can be ordered to remove dead, diseased or dangerous trees on notice from the Town.
• Cheektowaga: the two exceptions are based on tree size and lot type. We did not find a separate dead-tree exemption, so a large dead tree on a small lot still falls under the 12-inch rule.
• Street trees everywhere: a dead or dying tree is what qualifies a municipal tree for removal by the municipality. It never means the homeowner can do it.

If a tree is an immediate hazard, call us. In a real emergency, a tree on a house, on a car or across power lines, the priority is safety first and paperwork second, and the building department can usually accommodate an emergency. See our guide to 7 warning signs a tree needs to come down, and if your hazard tree is an ash, our emerald ash borer guide explains why waiting makes removal harder and more expensive.

What to Do Before You Remove a Tree: A 6-Step Checklist

1. 1
   Confirm your jurisdiction. Town, village or city, from your tax bill. The mailing city is not reliable.
2. 2
   Decide who owns the tree. Between the sidewalk and curb, or within the road right-of-way, means it is a municipal tree and the process changes entirely.
3. 3
   Measure the trunk at six inches above the ground and write down the species.
4. 4
   Call the building department (or Highway Department for street trees) with the address, caliper, species and whether the tree is living or dead. Ask whether a permit is required, the fee, and the turnaround.
5. 5
   Check for wetlands or special districts, especially on larger lots near creeks or ponds.
6. 6
   Get a free estimate from a licensed, insured crew, and ask them to confirm which permit applies. The permit is yours, but a good crew knows the local rules and will tell you if something is missing. See our guide on what a tree removal costs in Buffalo, and the cheapest time of year to do it.

Where We Checked

For anyone who wants to read the rules themselves, these are the primary sources we used: the Town of Amherst Code, Chapter 179 (Trees); the Town of Amherst Building Department permits page and Tree Policy page; the Town of Cheektowaga Code, Chapter 229 (Trees) and its tree removal permit page; the Town of Clarence, Landscape and Tree Conservation chapter; the Town of Tonawanda Code, Chapter 197 (Trees and Shrubs); and the Village of Williamsville Code, Chapter 101 (Trees).

Frequently Asked Questions