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What is NYC AC § 18-164?

Quick Answer

This section establishes an urban forest plan to protect and expand the urban forest canopy in New York City, aiming for 30 percent coverage by 2035. The designated agency is responsible for developing and reporting on this plan every ten years, including strategies for tree preservation and outreach to property owners. Applies to real property owners and stakeholders involved in urban forestry.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 18-164 Urban forest plan.

AC § 18-164

a. For purposes of this section, the following terms have the following meanings: Designated agency. The term “designated agency” means an agency or office designated by the mayor to implement the requirements of this section. Light detection and ranging. The term “light detection and ranging” means a form of measuring variable distances to earth from the air using a laser or other light source to gather 3-dimensional information about surface characteristics of the earth. Urban forest. The term “urban forest” means all the trees contained within New York city, whether or not they are under the jurisdiction of the commissioner or on property owned by the city. b. On or before July 31, 2025, and every 10 years thereafter, the designated agency, in consultation with the department and the mayor’s office of long-term planning and sustainability or successor office, shall develop and report on an urban forest plan that identifies strategies and sets goals to protect, care for, and expand the urban forest canopy with an overall goal of equitably expanding the urban forest canopy to cover 30 percent of land within the city. Such plan shall be submitted to the mayor and the speaker of the council and be posted on the website of the designated agency. c. The designated agency shall collaborate with any other agency, state agency, public authority, or person that the designated agency deems to have appropriate information or expertise to assist in the plan’s development. d. Such plan shall: 1. Consider data relevant to evaluating the distribution, extent, health, and stability of the city’s urban forest, including the light detection and ranging data required by subdivision e of this section; 2. Identify the causes of tree canopy cover and urban forest gain or reduction, and recommend strategies to remediate any urban forest loss, prevent similar loss in the future, and facilitate gain; 3. Describe any initiatives or programs to be undertaken by the city, and any initiatives or programs known to the designated agency that are to be undertaken by any other government entity, to reach the goals set in the plan; and 4. Include an outreach strategy to educate real property owners and other stakeholders by providing them with information and strategies on how to advance the goals set in the plan by protecting and expanding the number of trees located on property not under the jurisdiction of the commissioner nor owned by the city. e. On or before July 31, 2025, and every 5 years thereafter, the designated agency shall collect or procure light detection and ranging data, or other data that similarly provides tree canopy assessment information, to monitor the canopy coverage of the urban forest and measure the growth or loss of tree canopy coverage and track progress towards the goal of urban forest canopy cover provided by subdivision b of this section. f. Nothing in this section shall require or authorize the commissioner to take control of any tree not already under the commissioner’s jurisdiction. (L.L. 2023/148, 11/5/2023, eff. 11/5/2023)

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