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Tree Root Exception

DOT Sidewalk Violations & Enforcement
Tree Root Exception NYC's policy exempting owner-occupied one-, two-, or three-family properties from sidewalk violations and repair costs when the damage is caused solely by a city-owned street tree.

Under this policy, the city won't issue a new sidewalk violation to a qualifying small home where a Parks Department tree's roots are the sole cause of the damage, and DOT has reviewed outstanding violations to cancel liens that meet this criteria. Repair in these cases generally falls to NYC Parks' Trees and Sidewalks Program rather than the property owner, though owners are still responsible for damage from causes other than city trees, or if the property doesn't meet the owner-occupied, 1-3 family, residential-use criteria. Property owners suspecting root damage should confirm the tree is city-owned before assuming this exception applies.

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