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Q&A
Discussion of proposed bill on tree protection within city's right-of-way
0:53:01
·
9 min
Council Member James F. Gennaro discusses his proposed bill aimed at protecting trees within the city's right-of-way and questions the Parks Department about their current efforts and willingness to engage on the issue.
- The proposed bill would mandate more education for residents and contractors about tree removal regulations
- Gennaro emphasizes the importance of preserving old-growth trees and maintaining the city's tree canopy
- Parks Department representatives express willingness to work with the council member on improving communication and education about tree removal regulations
- The discussion highlights the need for better enforcement and penalties for unauthorized tree removal within the right-of-way
James F. Gennaro
0:53:01
Yeah.
0:53:01
I'm gonna ask a question and when they answer they'll state their their name.
0:53:11
This is a little I'm I'm giving myself a little latitude here.
0:53:17
I've I've I've got a bill that I'm contemplating, which is very much in line with, you know, DEP thinking about how to increase or maintain the city's tree canopy.
0:53:38
And, it's just a stone fact that that, you know, that we all know about the right of way that the city, you know, reserves for itself.
0:53:53
I happen to live on the street where the city has a 60 foot wide right of way that it maintains, but the street is only 28 feet wide, pretty average sized street.
0:54:10
But the city's right of way is 60 feet.
0:54:15
So so from the center of the street to the curb, it would be what did I say?
0:54:20
28 feet?
0:54:21
So it's so it's 14 feet to the curb.
0:54:23
Then it would go another 16 feet.
0:54:27
And there is this notion that trees that are planted on the little strip of grass between the curb and the sidewalk, those are like city trees.
0:54:42
Anything that's on, like, the property side of the sidewalk is, like, fair game for tree contractors for for for, you know, residents to hire tree contractors to take down trees, and and it happens all the time.
0:55:02
And trees within the right of way, whatever the right of way is, those trees are not allowed to be cut down.
0:55:10
And so I have a bill in the offing that would well, we're still kind of playing with it, but it would mandate it would, you know, mandate more education on the part of parks to both I don't think too many residents are taking down their own trees, but both for residents and for contractors that do tree removal and tree servicing in order to I mean, I'm I live in an area that has many, many old growth trees.
0:55:54
Properties get redeveloped, trees that are deep into the property.
0:55:58
Hundred years old, what are you gonna do?
0:56:01
Not gonna tell a person what they can do, like, with their with with their trees.
0:56:05
But with regard to trees that are in the city right of way, you know, that is a real loss of tree canopy and, you know, adds to the urban heat island effect.
0:56:23
And so, I guess you're you're probably wondering if there's a question in your future, but let me see if I can get there.
0:56:34
You know, what is the Parks Department's current disposition regarding the phenomenon of trees that are on the property side of the sidewalk but within the city right of way being because I've called the Parks Department when I've seen this happen, when they're just about to kind of, like, put, like, the chainsaw, and I take out my council identification and say I have to make a phone call.
0:57:04
And then somebody comes down from forestry, and they take a measurement, and they say, I'm sorry.
0:57:10
You can't take this tree down.
0:57:12
But at my current age and weight, I cannot be everywhere.
0:57:18
And so so I was wondering what exists now in the Parks Department in terms of some effort to try to educate people to not do this.
0:57:33
And to the extent that this happens, would those that perpetrate this be subject to the same kind of penalties that one who cuts a tree that's between, like, the curb and the sidewalk, which everybody knows is a city tree.
0:57:51
Anybody who does that, like, knows they're guilty.
0:57:55
But so how does the Parks Department handle this?
0:58:00
Because, like, old growth trees are being lost every day to this phenomenon.
0:58:05
And the Parks Department can't be replaced either.
0:58:08
But, you know, to the extent that there was some, you know, concerted effort to try to to try to control this phenomenon, I'm wondering what the Parks Department does regarding that.
0:58:30
Oh, you missed it.
0:58:31
You missed it, pal.
0:58:32
Sounds like quite
0:58:40
Not apparently.
0:58:41
I'm stating this as fact.
0:58:54
But I'm wondering how the parks is going into the Ivory Tower and and, you know, identifying this as a problem and coming up, like, with a solution.
0:59:06
Oh, by the way, just a second.
0:59:07
I got a question.
0:59:09
Josh, did we put this bill in?
0:59:13
Oh, okay.
0:59:14
So yeah.
0:59:14
Yeah.
0:59:15
I'll say that Josh said yes because he's not at at a market.
0:59:19
Okay.
0:59:20
So, you know, the bill's in.
0:59:38
My question is really like what's going on now in the parks Right.
1:00:15
That's not happening.
1:00:21
Let me make the thing real simple.
1:00:22
And and so and I I I don't know what the what so so you're the intergovernmental person.
1:00:29
Okay?
1:00:29
And and you're good at your job, you know.
1:00:32
And so you you gave the perfect answer for an intergovernmental person to give.
1:00:37
And I you know, and and but but the other witness is perhaps is is more involved in, like
1:01:06
couldn't resist anything.
1:01:07
When we mentioned, like, the right of way, of course, it's gonna ring a bell with me.
1:01:11
So I'm gonna because I know there's a big right of way problem in terms of tree removal.
1:01:16
Yeah.
1:01:16
We'd be happy to Which DEP hates when that happens.
1:01:30
Okay.
1:01:31
Yeah.
1:01:31
Because this this is a big, you know, a big loss and, you know, homeowners don't even know of the existence of a right of way.
1:01:43
I suspect that tree contractors do, but they're just happy to take the money and take the job.
1:01:52
And and and that's what happens.
1:01:58
So thank you for that.
1:01:59
We're joined by council member Aviles.
1:02:03
Oh, okay.
1:02:04
Okay.
1:02:04
And so thank you for that because that so that so did you know about the bill before this or you're just hearing about it now?
1:02:15
Oh, okay.
1:02:15
Yeah.
1:02:15
Because this is something that we have to figure out.
1:02:19
Some way we do, you know, education and enforcement and penalties on this because planting trees all over the place, but if you have a tree that's 75 or 85 years old, I mean, you know, that's the kind of tree canopy that, you know, you can't snap your fingers and make that happen.
1:02:35
And so so now you know that is coming.
1:02:39
Okay.
Matt Drury
0:58:21
Sure.
0:58:23
Matt Drury.
0:58:24
I'm the chief of citywide legislative affairs for New York City Parks.
0:58:27
Thanks for having us.
0:58:28
And, Masstov, to your daughter and family.
0:58:33
the to do.
0:58:34
So firstly, thank you for your support and your vigilance, apparently, in in terms of monitoring this
0:58:43
Yes.
0:58:43
Very much so.
0:58:45
And that's appreciated.
0:58:46
And and I and and in those instances, as you as you noted, we do you know, if if it is a tree within the right of way as it's defined Right.
0:59:04
Yeah.
0:59:05
So firstly
0:59:21
Yeah.
0:59:21
And we're very we'd be happy to kind of engage with you further on it.
0:59:24
We think there are definitely opportunities, always opportunities, to improve communication and education.
0:59:30
It is admittedly, it can be a little confusing or challenging to kind of envision the right of way in many ways.
0:59:44
I think I can thankfully report, and we can circle back to our teams to get more exact metrics here.
0:59:48
I don't think planned.
0:59:49
Mean, to be clear, it's an important it's something we take very seriously.
0:59:53
And if if we're you know, if if we become aware of a situation where a tree may be removed, that is indeed in the right of way.
0:59:59
For example, if we get like a tree we get the notion that someone is doing tree related work or if there's whether our permit process or what have you, if that comes to our attention, that's something where we work very closely with that property owner to make sure they're well aware Yeah.
1:00:13
That the penalties remain the same.
1:00:16
Can we be doing more?
1:00:17
You know, I'm I'm sure we could.
1:00:18
We'd be happy to work with you and your your team on that.
1:00:47
Not in our street tree canopy.
1:00:48
So our our forestry director, which oversees our park and street trees.
1:00:52
Right.
1:00:52
And and commissioner Larson's incredible.
1:00:54
You can hear from her about a variety of different largely focused on our natural areas and and sort of which is more closer to the sort of, you know, directly germane topic of this hearing.
1:01:03
So our so our assistant commissioner for forestry is not here at
1:01:18
Of course.
1:01:20
Happy to engage with our forestry team, which, again, focus more squarely on street trees.
1:01:25
Not here at the moment, but happy to take this back.
1:01:27
We are aware of the bill.
1:01:28
Wanna work with you and your team on that.
1:02:12
No.
1:02:12
No.
1:02:13
No.
1:02:13
I believe we were aware.
1:02:14
It's mine.