N.Y. Highway Law § 153: Custody of shade trees

§ 153. Custody of shade trees. The town superintendent shall have

control of all shade trees in the town highways of the town, but not

within the limits of an incorporated village, and shall prosecute

complaints for malicious injury to, or unlawful acts concerning public

shade trees. Upon recommendation of the town superintendent, the town

board of any town may appropriate general town moneys for setting out

and preserving shade trees along the highways of any class in such town;

but no tree shall be so set out in a state highway without the consent

in writing of the commissioner of transportation except in a village of

the first or second class, nor shall any trees be so set out in a county

road without the written consent of the county superintendent, except in

villages of the first and second class. Trees set out in a state highway

under the provisions of this section shall not be removed without the

written consent of the commissioner of transportation. Trees set out in

a county road under the provisions of this section shall not be removed

without the written consent of the county superintendent. Trees set out

in a state highway within villages of the first and second class which

tend to make travel or traffic thereon unsafe or hazardous shall be

removed or their location changed by the proper village autohrity when

such removal or change of location is ordered by the commissioner of

transportation.