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.
Frequently Asked Questions About Tree Root Exception
What is the tree root exception?
An NYC policy under which owner-occupied one-, two-, or three-family residential properties are not held responsible for sidewalk violations or repair costs when the damage is caused solely by a City-owned street tree.
Which properties qualify?
Only owner-occupied one- to three-family homes in exclusively residential use, where a City tree's roots are the sole cause of the damage.
Who repairs the sidewalk in those cases?
Repair generally falls to the NYC Parks Trees and Sidewalks Program rather than the property owner.
Does it apply to any tree?
No. The tree must be City-owned. Roots from a tree on private property do not trigger the exception.
What if the damage has more than one cause?
The exception applies where the City tree is the sole cause. Damage from settlement, vehicle loading, utility work or age remains the owner's responsibility.
How do I confirm the tree is City-owned?
Check with NYC Parks. Street trees in the sidewalk area are typically City property, but verifying before relying on the exception is worthwhile.