Who Maintains Sidewalk Trees in NYC? | Responsibility & Repairs

1. City vs. Property Owner: Who Maintains Street Trees?

In New York City the Department of Parks & Recreation (DPR) owns every street tree planted in the public right-of-way.

DPR handles planting, routine pruning, and emergency removal.

However, sidewalk care is a shared duty:

Tree roots crack sidewalk in front of a 1-, 2-, or 3-family owner-occupied home

Who must act? City (through DPR’s Trees & Sidewalks Program)

Why? Program covers small residential properties.

Damage in front of commercial buildings, condos, co-ops, or 4+ unit rentals.

Who must act? Property owner

Why? Owners must keep sidewalks safe under NYC Admin. Code §7-210.

Routine tree trimming

Who must act? DPR

Why? Part of city’s forestry schedule.

If you spot a dangerous condition—loose slabs, lifted roots—submit a 311 request or use the DPR online form.

📄 Official guidance: https://portal.311.nyc.gov/article/?kanumber=KA-01505

2. When the City Repairs Tree-Related Sidewalk Damage

The Trees & Sidewalks Repair Program provides free repairs for severe root damage next to qualifying one-, two-, or three-family homes. After you request an inspection, DPR ranks the site by:

• Severity of cracking or heaving

• Pedestrian traffic on the block

• Health and size of the tree

High-priority sites go to the top of the repair list. Learn details at the DPR page: https://www.nycgovparks.org/services/forestry/trees-sidewalks-program.

3. When Property Owners Must Handle Repairs

Commercial buildings, large residential complexes, vacant lots, and mixed-use properties must hire a licensed concrete contractor and pay for repairs themselves. Skipping repairs risks DOT violations and injury lawsuits.

Quick checklist for owners who must repair:

1. Hire a licensed sidewalk contractor (verify license on NYC DCWP site).

2. Apply for permits:

   • Tree Work Permit from DPR

   • Sidewalk Construction Permit from DOT

3. Follow DPR guidelines to protect roots—no root pruning without approval.

4. Schedule DPR sign-off after the pour. Step-by-step instructions

4. Getting a Tree Work Permit: Step-by-Step

1. Create a Parks account and start an online Tree Work Permit application.

2. Upload site photos showing the sidewalk damage and tree.

3. Wait for inspection—usually within 45 days.

4. Receive permit + instructions (valid 90 days).

5. Complete repairs using approved methods (ramping, tree-bed expansion, reinforced concrete).

6. Final DPR inspection for compliance.

Cutting or shaving city tree roots without a permit can bring fines and criminal charges—always get approval first.

5. Filing a Claim for Reimbursement

If you paid for repairs caused by a city tree, you can file a claim with the NYC Comptroller within 90 days of completing the work. Include:

• Before/after photos

• DPR Tree Work Permit and DOT permit copies

• Contractor invoices and proof of payment

Submit the Notice of Claim online: https://comptroller.nyc.gov/services/for-the-public/claims/file-a-claim/.

6. Key Takeaways

• DPR manages the trees; sidewalk upkeep depends on property class.

• Free city repairs apply only to 1-3 family owner-occupied homes with severe root damage.

• All other owners must repair and permit the work themselves.

• Proper permits protect trees, prevent fines, and speed claim approval for reimbursement.

Understanding these rules helps you budget repairs, avoid violations, and keep NYC sidewalks safe for everyone.