N.Y. Highway Law § 322: Trees, removal from highway bounds

§ 322. Trees, removal from highway bounds. Any tree standing or lying

on land within the bounds of any highway shall be for the proper use of

the owner or occupant of such land. Except in villages of the first and

second class, no growing tree shall be cut down, removed or destroyed

without the written consent of (a) the commissioner of transportation,

if it is within the bounds of a state highway, or (b) the county

superintendent, if it is within the bounds of a county road, or (c) the

town superintendent, if it is within the bounds of a town highway. Where

a right of way has been or shall be acquired, under the provisions of

this chapter, for a highway of any class, the owner of the tree shall

have and may harvest for his own use the fruit upon all fruit-bearing

trees left standing from time to time within the right of way so

acquired.