In our home of New York State, businesses have a duty to trim, maintain or remove aging and dying trees on their property under the principles of premises liability and under various local laws. Although there isn’t a unifying statute passed on a statewide level specifically about tree maintenance and businesses, there are several legal principles and regulations that may apply.
1. Premises Liability
In New York State, commercial property owners have a legal duty to maintain their premises in a safe condition. This includes the responsibility to inspect for hazardous conditions, which include dead or dying trees or branches, and to take care of those hazards if they seem like they could pose a risk to any customers, workers or people passing by.
2. Local Laws and Ordinances
Many municipalities in the mid-Hudson Valley have specific laws governing tree maintenance. These laws, to varying degrees, require all property owners (including businesses) to remove dead or diseased trees, and property trim or maintain overhanging branches that are near sidewalks, streets and neighboring properties.
The laws may also address issues such as obstruction of public pathways, trees that encroach on utility lines, and specific requirements for historic districts or environmentally sensitive areas.
For example, in the City of Kingston, there is an ordinance that says: “It shall be the duty of any person or person owning real property abutting on any street upon which property there are trees or shrubs to trim or remove such trees so that they will not obscure or interfere with the view of motorists entering any intersection of the city, obstruct the passage of pedestrians on sidewalks or obstruct the street lights or traffic signs.”
In Saugerties, “Property owners also would have to remove dead, damaged or diseased trees or shrubs that present an imminent hazard, and maintain their parcels in a way that prevents soil erosion and sedimentation.”
In Ellenville, “It shall be the duty of every owner of real property in the Village to keep the shade trees in front of his premises trimmed so that overhanging limbs will not interfere with passersby on the sidewalks or roadway. All overhanging limbs shall be at least nine feet above the center of the sidewalk, and 15 feet above the center of the roadway. All dead and dangerous trees or limbs must be removed.”
In New Paltz, “Every owner of any tree overhanging any street or right-of-way within the Village or public utility company shall prune the branches so that such branches shall not obstruct the view of any street intersection nor obstruct the light from any streetlight and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. The owner shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public…”
3. Neighboring Property Rights
Under New York State common law, a commercial property owner may be held liable if their trees cause damage to a neighbor’s property, such as from a falling branch or the encroachment of roots. By proactively maintaining your tree with trimming services, you can prevent disputes and potential lawsuits.
4. Storm Damage Preparedness
If a tree is documented or known to be in bad or dying condition, and poses a foreseeable risk during storms or adverse weather conditions, a commercial business may have a duty to address the issue in advance.
5. Specific Industry Regulations
If a commercial business has additional safety regulations, such as for a daycare, a nursing home, or a performance venue, there may be additional requirements for tree maintenance to ensure the safety of its clients and patrons.
6. The New York State Department of Environmental Conservation (NYSDEC)
The DEC regulates some aspects of tree care of removal if the property contains protected tree species or trees that are within regulated wetlands or environmental conservation areas. Permits may be required to remove trees in these cases.