‘My Property, My Trees’...New Tree-Cutting Law Divides N.Y. Town

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‘My Property, My Trees’: New Tree-Cutting Law Divides N.Y. Town

A Westchester County suburb updated its law about tree removals from yards, upsetting tree advocates, who want stricter rules, and residents who don’t want to be told what to do.

When Robert Herbst returned to his hometown about 30 miles north of New York City in 1992, he wanted his children to be immersed in the lush greenery of his childhood. But over the decades, he noticed more trees coming down to make way for bigger houses.

Mr. Herbst, a lawyer, and other like-minded residents of Mamaroneck, N.Y., view the vanishing trees as a serious threat in the era of climate change.

“We should be protecting trees for our own survival,” said Jacob Levitt, a dermatologist who lives in Mamaroneck. “It’s suicidal not to do it.”

But some residents say they should have the right to remove any and all trees on their properties to make way for more sunlight or a home expansion, or simply because they want them gone.

Recently, the debate has become more heated because of a new law that expands the town’s oversight of where and when trees can be cut down.

Mamaroneck’s old tree law was drafted in the 1980s and required tree removal permits only on lots 20,000 square feet and larger. The new measure, enacted in February, requires permits on smaller lots that make up about 80 percent of the town that is covered by the law.

Homeowners no longer need to explain their removal requests, describe the trees or let their neighbors know a permit has been issued. They have to either replace removed trees or get approval to donate $300 per tree to a planting fund instead. No permit is needed to remove dangerous or dead trees, which can become a hazard. Otherwise, small properties can remove up to three trees a year; on larger lots, up to seven.

“It’s just a regulated way of cutting down trees,” said Andrea Hirsch, a local lawyer who is representing a group of tree advocates to challenge the new law in court. She added that the new law no longer requires an environmental review before removals, and that property owners can get approval to exceed the per-year cap if trees interfere with a desired use of the property, like putting a swing set in the backyard.

Some homeowners support the law, but feel it is an overreach. “My property, my trees,” wrote John Phillipson, a longtime resident, in an online comment, adding, “We are overregulated by government as it is.”
 
I want the tree gone so I can grow grass. Is what I constantly hear.
Same here. Or lately, for the sun to justify solar panels. Like, isn't the lack of shade gonna increase your temps, making your AC run harder, thus neutralizing the extra power output? For the same cost as the tree removal, couldn't they just add more panels? Does anyone prefer to hang out in a hot sunny field of grass vs under the shade of a nice old oak?
 
I see it all the time. They come here because of our beautiful forests and then they realize they are actually afraid to live among these giants, and/or they don’t like the shade that they create. Duh.
Yea, I used to live in Humboldt, and when I realized that I wanted more sun in my life, I did what lifeforms capable of locomotion do, and I moved MY ass to somewhere sunnier. These people don't seem to understand how much established landscaping and shade trees add to your property value. They should sell the fucking house in the shade and move to some more sparsely treed area. It's usually cheaper in neighborhoods with little tree coverage, so this will possibly net them some additional money to install a fresh lawn of imported sod to replace the haggard looking grass that had a lapse in the irrigation for 48 hours one time two years ago, and has looked haggard ever since, despite using 100,000 gallons per year on their 1/4 acre.
 
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The answer isn’t laws, it’s information. In particular having the point of contact for tree removals educating the landowners and talking them out of bad decisions. Red tape sucks and honest land management requires nuance.

I don't like the government imposing limits on what people can do. We should do the right thing because it’s the right thing to do.

Edit. We should do the smart thing because it’s the smart thing to do. Right and wrong isn't really the most helpful way to look at it.
 
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From the article, I would hope that the actual law is more detailed or nuanced but there is a lot of wigo room here:
"No permit is needed to remove dangerous or dead trees, which can become a hazard"

So just remove the tree and if anybody asks, declare that it could become a hazard. The tree is gone so it's going to be hard to argue against that. Heck, any tree "could become a hazard". Like I said, hopefully the law is more specific.

I am all for private property rights, I do not love crazy tree ordinances. However, there are people that move into cities because they have tree ordinances and the value of the trees. If it's been there for a long time, it makes sense.

I also like the requirement that a new tree be planted or money given to plant trees elsewhere. I have seen some ordinances that require diameter for diameter replacement... So, For example, if you remove a 30" tree, you could plant (15) 2" trees. That is absurd because it's very unlikely there's actually room for 15 trees!
 
If only people were capable of such nuance. For the most part, laws should be super vague on these matters, and simply state that the ultimate decision making process, with regards to X,Y,Z, etc., should be made by a panel of qualified experts in a given field.
 
That why the Chevron case being overturned blows so hard. It shifts more power to unqualified people.
My god yes. The amount of unchecked environmental damage that is about to happen directly due to that. Just wait for a court to make a decision two years after the fact and bring in professionals as witnesses, jesus wept. Fucking fuckshits. Short term profit is so much better than anything in its way.
 
All they need to do is actually pass laws that specificy what needs to happen. So city council passes a tree ordinance giving the city forester oversight of determining what a hazard tree is.
 
In my neck of the woods theres 4 variations I am aware of. industry standards prune no permit, 12 inch or more dbh removal needs permit, copycat different township 8 inch dbh same, sometimes 1 tree removed needs 1 tree planted, on ravine 1 tree removed needs 3 planted. well sort of 4
 
With all the bad storms we have had back to back people are developing a fear of trees. Remove everything in striking distance of my house and garage. That what I’ve been dealing with lately.
 
The answer isn’t laws, it’s information. In particular having the point of contact for tree removals educating the landowners and talking them out of bad decisions. Red tape sucks and honest land management requires nuance.

I don't like the government imposing limits on what people can do. We should do the right thing because it’s the right thing to do.

Edit. We should do the smart thing because it’s the smart thing to do. Right and wrong isn't really the most helpful way to look at it.
You do in fact like the government imposing limits on what people can do, that's literally what private property is. The government guaranteeing that other people are denied acces to or say on particular sections of the earth.

If we are doing the right or smart thing for its own sake, lets democratize land use decisions like the tree cutting ordinance did. Limiting people's ability to destroy socially important things they own on a whim or out of fear seems like a smart move to me
 

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