Since March of 2025, a new City of Kingston tree removal ordinance has been moving forward, foretelling major changes in how tree removal will be regulated. While the new Tree Preservation Ordinance isn’t law yet, it’s worth understanding now, especially if you have large or aging trees on your private property.
Acting now, before the ordinance passes, may save you time, money, and headaches.
Why the City Wants This Law
The stated reasons for the proposed ordinance are:
- To promote and protect the health, safety, and general welfare of the City’s inhabitants by providing for the preservation, regulation, planting, maintenance, and removal of trees.
- To reduce city and public costs for cooling, stormwater drainage control, and small particulate matter air filtering.
- To preserve the substantial value of trees to the community as a whole.
Big Changes for Homeowners
Right now in the City of Kingston, there are penalties for removing a tree that’s on public property, such as in between the sidewalk and the street. However, the new draft tree preservation law would require a permit for removing many trees that are on your private property, and have a major impact on what you do after the removal, such as paying a fee or replacing the tree with another one.
What Are Protected Trees?
If passed, City of Kingston residents may need a city permit to remove certain trees on private property.
Protected trees would be defined by:
- Any tree of any size located on public property or in the public right-of-way.
- A single-trunk tree or a multi-stem tree with at least one stem that has a Diameter at Breast Height (DBH) of six inches or greater and is located on private property.
- A tree planted as a Replacement Tree, regardless of its size.
Possible exemptions include trees posing an immediate hazard, diseased or dying trees, or smaller ornamental species.
Tree Maintenance and Removal Permits
A Tree Maintenance/Removal Permit is required for specific actions related to Protected Trees on private property. This includes:
- The removal of a Protected Tree.
- Pruning 30% or more of the tree’s living crown in a single growing season.
- Pruning healthy, undamaged limbs that are greater than 8 inches in diameter.
- Excavating roots within the Critical Root Zone.
You will not need a permit for routine maintenance and pruning on private property. This includes removing dead or damaged limbs, pruning to correct poor form, and pruning for building clearance. However, the ordinance recommends that a Certified Arborist perform tree maintenance.
Heritage Trees
The draft ordinance identifies “Heritage Trees” as being particularly valuable. A tree is classified as a Heritage Tree if it meets any of the following criteria:
- It has a DBH of 20 inches or more.
- It is a native Oak (Quercus spp) or Hickory (Carya spp) with a DBH of 10 inches or more.
- It is a protected native plant designated by the New York State Compilation of Codes with a DBH of 3 inches or more.
Homeowners must also provide written notification to all neighboring property owners and occupants within a 100-foot radius when requesting authorization to remove a healthy Heritage Tree. This notice must be given at least 14 days before the City Tree Commission reviews the permit application.
Jointly Owned Trees
If any part of a tree’s trunk is on the boundary line between two or more properties, it is considered a “Jointly Owned Tree”. To remove such a tree, all property owners must submit a signed Jointly Owned Tree Removal Form along with the permit application.
Invasive and Exempt Species
The ordinance lists certain species as “Invasive,” and the requirement for replacement trees or fees for removal of these species is waived. However, a Tree Removal Permit is still needed for removing an invasive species on public property or in the public right-of-way.
The list of invasive species includes:
- Callery Pear (Pyrus calleryana)
- Norway Maple (Acer platanoides)
- Common Buckthorn (Rhamnus cathartica)
- Glossy Buckthorn (Rhamnus frangula)
- Russian Olive (Elaeagnus angustifolia)
- Tree-of-Heaven (Ailanthus altissima)
- White Mulberry (Morus alba)
Certain vegetation is on an “Exempt Species List,” which means a Tree Removal Permit is not required for them. This list includes Arborvitae (Thuja spp.), Sumac (Rhus), and Yew (Taxus spp.). The Urban Forester can also determine other woody shrubs or bushes to be exempt.
Replacement Trees
Here’s where it gets complicated:
Residents must plant a replacement tree or pay a fee to the city when a Protected Tree is removed and not replaced with a new one that meets the ordinance’s standards. This also applies if a healthy Heritage Tree is removed. The value of the removed tree is calculated using the Trunk Formula Technique, which considers the cross-sectional area of the tree and a unit tree cost . This value is called the “Basic Reproduction Cost”. The final amount is adjusted by deducting the appropriate condition percentage from the basal area. For the removal of a healthy Heritage Tree, there is an additional fee of $150 per inch based on its size.
If a tree is removed without a permit, the property owner is jointly liable with their agent and must replace the tree at 100% of its environmental value. Environmental value is determined using the iTree methodology provided by the U.S. Forest Service, the Arbor Day Foundation’s National Tree Benefit Calculator, or another approved method. The replacement tree(s) must match the environmental values (gallons of stormwater absorption and pounds of CO2 removal) of the removed tree(s) when they reach a trunk DBH of eight inches. This is not required for the removal of invasive species.
Based on the draft ordinance, replacement trees must be a species approved by the Urban Forester and referenced on the City-Approved Tree Species List. This list is separate from the ordinance and can be found on the City of Kingston’s website. Species on the Invasive or Undesirable Species Lists are not permitted as replacement trees. The ordinance recommends planting native species to promote biodiversity and support local ecosystems.
The location for replacement trees must be satisfactory to the Urban Forester, taking into account the topography and potential for stormwater runoff. The trees cannot be planted in a location that will conflict with above- or below-ground utilities, paved surfaces, or public safety. The ordinance specifies minimum distances from intersections, utility poles, and other infrastructure, as well as spacing requirements between trees of different sizes. Sources
Penalties for Violations
Unauthorized removal of a Protected Tree is defined as any action without city approval that causes the tree to die within two years of the action. The property owner and their agent are jointly liable for any violations of the ordinance. Penalties for removing a tree without a permit and without an approved replacement tree(s) of equal value shall be a fine reflecting the tree’s value.
What You Can Do Now
As of August of 2025, the bill is not law. It’s time to check and identify your aging, diseased and hazardous trees, and strategically plan removals. Doing so now could prevent extra steps, red tape and replacement costs.
We Can Help
Whether you need a health assessment, strategic removal, or just advice on which trees to keep, our team can guide you through the process now and once the ordinance is in place. Call us today at 845-331-6782 to schedule your pre-ordinance tree evaluation and take the guesswork out of your property’s future.