# Tree-Root Sidewalk Damage in Buffalo, NY: Who Pays? | Who Pays the Repair?

> In Buffalo the City pays in full to repair sidewalk damage from a tree or roots on City-owned land; the owner is responsible otherwise.

**Who pays:** shared

Buffalo: the City pays in full to repair sidewalk damage from a tree or roots on City-owned land; the owner is responsible otherwise.

**Boundary:** 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)).

**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 / 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)).

## Sources
- [Buffalo City Code § 413-44(E) (City-expense repair for City-land tree/root damage) & § 413-48(A) (owner duty)](https://ecode360.com/13626617) — "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." (accessed 2026-09-09)
- [City of Buffalo: Bureau of Forestry (City owns/controls all street trees in the ROW)](https://www.buffalony.gov/358/Bureau-of-Forestry) — "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." (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)](https://ecode360.com/13626617) — "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." (accessed 2026-09-27)

_Last verified 2026-09-09. Source: Who Pays the Repair? — https://whopaystherepair.com/rules/buffalo-ny-tree-roots/ — every claim checked against a primary source before publication (see /methodology/)._