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Default rule and exceptions
Buffalo City Code § 413-44(E) provides that where a sidewalk between the street line and curb is damaged by trees or roots situated on City-owned lands, the Department of Public Works repairs it and the Department of Parks removes the tree/root, both at the sole expense of the City. Otherwise the abutting owner keeps the sidewalk in repair (§ 413-48(A)).
Permit required: yes.
| Party | What they are responsible for |
|---|---|
| Property owner | Keep the abutting sidewalk in good order and repair generally (§ 413-48(A)), except damage from a tree/roots on City-owned land. |
| City / public agency | For a tree or roots on City-owned land, DPW repairs the sidewalk and Parks removes the tree/root at the sole expense of the City (§ 413-44(E)). |
| Exceptions | Tree/roots on City-owned land: full City-expense repair and removal (§ 413-44(E)). |
What the source says
Last verified against the primary source on Sep 9, 2026.
It shall be the duty of such owner or occupant to keep in repair the water, sewer and gas service pipes serving his premises, the sidewalks in front thereof and the driveways into the same and to install drains connected with the sewer on open land prevent unusual and dangerous accumulations of water and ice upon sidewalks, roadways and public places.
The City of Buffalo Bureau of Forestry is responsible for maintaining and preserving the public urban forest, which includes all street trees located within the city right of way as well as those inside of parks and city-owned lots.
sidewalk lying between the street line and the curb is damaged by reason of trees or roots of such trees situated on City-owned lands, said sidewalk shall be reconstructed or repaired by the Department of Public Works at the sole expense of the City, ... the tree or root of such tree causing such damage shall be removed by the Department of Parks at the sole expense of the City.
City rules rest on state law. Read New York's sidewalk statute, quoted verbatim, or see all 50 states in one table.
Common questions
Who pays for tree roots in Buffalo, NY?
Responsibility is shared. Keep the abutting sidewalk in good order and repair generally (§ 413-48(A)), except damage from a tree/roots on City-owned land.
Do I need a permit to repair the sidewalk in Buffalo, NY?
Yes. The rule on record requires a permit for sidewalk work in the public right-of-way.
Are there exceptions in Buffalo, NY?
Tree/roots on City-owned land: full City-expense repair and removal (§ 413-44(E)).
Is there any cost help for tree roots in Buffalo, NY?
Call 311 for inspection; DPW repairs and Parks removes at City expense where the cause is a tree/roots on City-owned land (§ 413-44(E)).
What is this based on for Buffalo, NY?
This verdict is sourced to Buffalo City Code § 413-44(E) (City-expense repair for City-land tree/root damage) & § 413-48(A) (owner duty) and 3 sources in total, each independently re-checked before publication.
Sources
- Buffalo City Code § 413-44(E) (City-expense repair for City-land tree/root damage) & § 413-48(A) (owner duty)official · verified-official · accessed 2026-09-09
- City of Buffalo: Bureau of Forestry (City owns/controls all street trees in the ROW)official · verified-official · accessed 2026-09-09
- Buffalo City Code § 413-48(E): Maintenance of sidewalks; penalties for offenses (cited in claim as §413-44(E); actual current codification is §413-48(E), directly following the owner-duty subsection (D) already used as a current source)ordinance · verified-primary · accessed 2026-09-27
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