N.Y. General Municipal Law § 96-b: Tree conservation

§ 96-b. Tree conservation. 1. The legislature hereby finds that there

is a direct relationship between the planting of trees, shrubs and

associated vegetation in sufficient number in populated areas and the

health, safety, and welfare of communities, and as related to the

natural, scenic, and aesthetic values of trees and the physical and

visual qualities of the environment which municipalities are authorized

to protect. Trees and such vegetation abate noise, provide welcome shade

to people, preserve the balance of oxygen in the air by removing carbon

dioxide and fostering air quality, and add color and verdure to human

construction. They also stabilize the soil and control water pollution

by preventing soil erosion and flooding, yield advantageous

microclimatic effects, and provide a natural habitat for wildlife. The

destructive and indiscriminate removal of trees and related vegetation

causes increased municipal costs for proper drainage control, impairs

the benefits of occupancy of existing residential properties and impairs

the stability and value of both improved and unimproved real property in

the area of destruction, and adversely affects the health, safety, and

general welfare of the inhabitants of the state.

2. In addition to any power or authority of a municipal corporation to

regulate by planning or zoning laws or regulations or by local laws and

regulations, the local legislative body of any county, city, town or

village is hereby empowered to provide for the protection and

conservation of trees and related vegetation. Such legislative body may

require appropriate conditions applicable to any activity involving the

removal or destruction of trees or the substantial alteration of grade

level around trees may include, where appropriate, requirements that the

activity be done as specified in an approved landscape plan and that the

removed trees be replaced by the planting of the same or alternate

species of trees, and may provide, in connection therewith, required

plantings for screening purposes. Such regulations, special conditions

and restrictions, adopted in the exercise of the police power, shall be

reasonable and appropriate to the purpose. The municipality may require

the posting of a performance bond to assure compliance with this

section. All charges and expenses incurred under this section by a town

shall be a charge upon the taxable property of that part of the town

outside any incorporated village.