What to Check Before Clearing Wooded Property
Wetlands, setbacks, tree ordinances, and other considerations before clearing wooded property in New York.
Before any trees come down or brush gets cleared, there are several things to check. Some are legal requirements, others are practical considerations that can save you time and money.
Wetlands and Water Features
New York has strict wetland protection regulations. The NYS Department of Environmental Conservation (DEC) regulates wetlands of 12.4 acres or larger, and the Army Corps of Engineers regulates wetlands of any size under the federal Clean Water Act. Many Capital Region properties border or contain wetlands that may not be obvious. If your property has low-lying, seasonally wet areas, check with your local code office or a qualified surveyor before clearing.
Setbacks and Buffer Zones
Most municipalities have setback requirements from property lines, roads, waterways, and structures. Clearing too close to a property line, stream, or road right-of-way could violate local ordinances. Your town or village code office can confirm the specific setback requirements for your parcel.
Tree Ordinances
Some municipalities in the Capital Region have tree preservation ordinances that restrict removal of trees above certain diameters, especially in zoning districts with scenic or environmental designations. These are more common in village and city zoning than in rural areas, but it is worth checking.
Property Boundaries
Before clearing, know exactly where your property lines are. Clearing on a neighbor's property, even accidentally, can create legal and financial liability. If your boundaries are not clearly marked, consider having a survey done or at minimum locating iron pins or corner markers before work begins.
Utility Easements
Utility easements may cross your property even if no visible lines are present. Underground gas, electric, cable, and water lines need to be located before any ground-disturbing work. Call 811 (Dig Safely New York) before any project that involves grading, digging, or root removal.
What to Do First
A good starting checklist: (1) Contact your town or village code office, (2) Check for wetland maps on your county GIS, (3) Verify your property lines, (4) Call 811 for utility marking, (5) Review any HOA or deed restrictions. Most professional land clearing contractors, including Empire, can help identify potential issues during the quoting process.
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