Association of Towns

The Story of BROW: Planting Street Trees Beyond the Right-of-Way—and What it Means for New Yorkers

By Al Wegener, Landscape Consultant

Is it legal for a municipality to plant street trees beyond the right-of-way (ROW)—that is, on private property?

Sugar maple in New Paltz shows effect of cutting by utility, age and decay, with no room within ROW for planting new tree. Photo by Al Wegener
A sugar maple in New Paltz affected by utility pruning, age, and decay, with no room within ROW for planting new tree. Al Wegener

It’s a question I’ve run into a lot when planning street trees with towns and villages.  That’s in part because with the widening of our roads over the years and the construction of sidewalks, there is often insufficient soil volume in the ROW to support street trees.  Furthermore, some highway superintendents want a ROW free of trees so they can do street maintenance operations more easily. Also, trees in the ROW may conflict with utility lines, a battle neither “wins.” So it’s really tempting to plant just a few feet beyond the ROW, on what might be an open and inviting lawn. But is it legal to do so?

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Christopher Anderson & the Association of Towns of the State of New York

Chris Anderson is a NYSUFC Board Member and is Director of Research for the Association of Towns of the State of New York, headquartered in Albany.

Please tell us about your background. I’m originally a Hoosier. While both of my parents came from farm families, I was raised in the second largest city in Indiana—Fort Wayne. I’ve lived in New York—Albany, Schenectady, and Schoharie counties at various times—for the last 17 years. I love New York and have no plans on leaving.

Chris Anderson

What is your personal connection to urban forestry? Whether it was the grove of American beech on my grandmother’s farm near Indianapolis or the black locust outside my window as a child in Fort Wayne, I’ve always had great affinity for trees. As a local government wonk, I’ve learned the value that urban forestry provides. What initially was aesthetic pleasure has grown to include a practical appreciation as well.

Please tell us about the Association of Towns. The Association of Towns was established in 1933 to help town obtain greater economy and efficiency. It serves town governments by providing training programs, research and information services, technical assistance, legal services, insurance programs, and a variety of educational publications to member towns.

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