NYC Parks: Rules and Charter

Sections

Not legal advice. Text current as of October 2026. Confirm project decisions with NYC Parks.

What counts as a park

Everything Parks controls is a “park” in the rules.

That includes beaches, waters and the land under them, pools, boardwalks, playgrounds and recreation centers.

Who runs it

The Department of Parks and Recreation runs them. A Commissioner heads it.

Being the agency in charge of land is called jurisdiction. Everything under Parks’ jurisdiction counts as a park.

Land Parks runs is not always protected parkland. See Parkland.

Where the rules come from

The Parks Department exists because the City Charter creates it.

Its Commissioner writes the Parks Rules, known as 56 RCNY (Title 56 of the Rules of the City of New York). They have the force of law.

The rules apply wherever the Parks Commissioner has jurisdiction. They add to every other law; they do not replace it.

The department’s job: keep up the beauty and utility of every park, square and playground.

From Charter to penalty

State law

Courts hold parkland in a public trust. Selling it or using it for something else needs State approval. See Parkland.

Park rules

Now the rules themselves. First, when a park is open.

Hours

Open 6 a.m. to 1 a.m., unless other hours are posted.

The Commissioner can close a park, or part of one, for public safety.

Not allowed

Cutting, removing or destroying a tree. Pruning counts.

Killing, cutting or uprooting plants.

Carrying gardening tools or plants, unless Parks allows it there.

Planting anything without written approval.

Construction, staging or excavation without a permit.

Metal detectors, except on unvegetated beach.

Walking on newly seeded lawn. Entering fenced areas marked no entry.

Climbing statues not meant for climbing.

Glass bottles and containers.

Camping without a permit.

Ignoring a park sign, or a lawful direction from Parks staff.

Exempt: Parks staff, and contractors under an agreement with Parks, doing necessary work.

A permit or written approval is Parks’ written OK. It must come before the work starts. Permits shows how.

If a rule is broken

Breaking any of these rules can lead to two separate cases.

A Parks rule is broken
OATH
Civil penalty

A summons to OATH, the Office of Administrative Trials and Hearings. The amount comes from the Parks penalty table.

Criminal court
Up to 1 day in jail or a $200 fine

Also a “violation” under the Penal Law, in a separate case.

Misdemeanor rules
Misdemeanor

Some rules are also misdemeanors under the City’s Administrative Code, with added penalties. Destroying a tree is one.

The Charter caps ordinary civil penalties at $300. Misdemeanor rules can go higher.

Two misdemeanor rules

$15,000Maximum criminal fine for destroying a Parks tree. Pruning counts.
$1,000Civil penalty for building, staging materials or digging in a park without a permit.

Ignoring a lawful direction from the Police, a lifeguard or the Parks Enforcement Patrol is a misdemeanor too.

Level 1 check

Allowed or not

What Parks controls

The Charter chapter that creates Parks also lists what it controls.

§531Creates the department and its commissioner.
§532Allows three deputies.
§533Lists the powers, drawn below.

The 350-foot zone

Parks sets curb lines and street surfaces within 350 ft of a park.

Paths, roads and park-streets

Partner parks

The Parks Rules also apply in Hudson River Park, Battery Park City and Brooklyn Bridge Park, by agreement.

More detail: other Charter powers

Plan the park system, connected to federal, state and county parks.

Manage gifts and bequests for parks, on terms agreed with the donor.

Make rules with the force of law, the same in every borough where practicable.

Run nature education and conservation, and keep areas for their natural beauty.

Review other City agencies’ recreation programs and their budget estimates.

Parkland

Not all land Parks controls is protected parkland. A community garden lot, for one, is not, unless mapped as parkland.

Mapped parklandThe City Map is the official record of mapped streets, parks and public places. Mapped parkland is shown on it as park. All parks and playgrounds belong on the map.
Parks jurisdictionParks is the agency in charge. The Parks Rules cover all of it.

When parkland is protected

Courts hold parkland in a public trust. Using it for a non-park purpose is called alienation. It takes a State law first.

Uses substantially similar or related to park purposes need no State law.

Mapping is one example of an act that can show dedication. Courts look for acts that leave no doubt, case by case. Garden lots have their own Parks Rule: see Community gardens. Not legal advice.

Permits

On land Parks controls, many activities need written authorization before they start.

General permit terms (written for events)

A permit is not always enough. On dedicated parkland, a substantial intrusion for a non-park purpose needs State law, even if the land is restored later. See Parkland.

Variances

A variance is written permission from Parks for something banned by the Parks Rules alone. It cannot excuse a ban in another law.

Two grounds:

  1. Real difficulty or hardship the applicant did not cause.
  2. The variance’s conditions would keep the park beautiful and useful.

Trees

Trees have their own permit. Removing a Parks tree takes a permit and replacement trees. Pruning without permission counts as destroying.

How Parks rates a tree

SizeTrunk area at 4½ ft.
ConditionRoots, trunk, branches, twigs, foliage.
SpeciesMature height and lifespan.
LocationThe site and the tree’s place in the landscape.

Parks turns the four ratings into a number of trees.

Dead, seriously diseased or hazardous: no replacement, unless the applicant caused the hazard.

More detail: location examples

Parks weighs a large tree under utility wires, a tree important to an allée (a double row of trees along a path) and a tree giving shade over a playground.

Minimum replacement

Replacements are counted in caliper inches. Caliper is a trunk’s diameter, in inches. Each new tree is 3 inches caliper unless Parks says otherwise.

The rules set a floor and, in zoning districts R1, R2 and R3, a ceiling. (On these districts, see Zoning: Districts.)

Enter the removed tree’s trunk diameter in inches. The rules count removals in caliper inches but do not say where to measure. Parks measures size at 4½ ft. Confirm the count with Parks.

Tree Replacement Calculator

Removal steps

More detail: street trees under zoning

Where the Zoning Resolution requires street trees, the owner may be required, or may choose, to pay Parks to plant them.

Cut without permission

A Parks tree is cut, pruned or damaged without permission
OATH
$1,000

Civil penalty. $1,125 on default, when the person charged does not answer.

Criminal court
Up to 6 months, $15,000

Misdemeanor. Jail, a fine, or both.

Damages
Tree value

Paid in replacement trees, based on the tree’s appraised value (its worth as Parks rates it). Removed: its full appraised value. Injured: the before-and-after difference. Tree damage

Planning a park job

Permits, trees and penalties meet on a real job.

Job checker

Job Checker

Civil penalties

Level 2 check

Tree damage

A tree cut without permission also costs damages. Parks seeks them on top of every other penalty.

Removed without a permit

The tree is rated like any other, with two changes.

ConditionPresumed perfect, unless shown otherwise.
SizeFrom the stump’s diameter or Parks’ records.
Species and locationRated as usual.
ReplacementsMust add up to the tree’s appraised value.

Injured, not removed

An injured tree is appraised twice, before and after. The difference is owed.

Damaged beyond recovery

The tree comes out, stump included. The permittee pays, or whoever caused the damage if there is no permit.

It is rated on its condition before the damage.

Where replacements go

The horticultural officer, a Parks staff member, picks the locations and sets the planting time in the permit, within the 60-day or next-season limit.

The permittee can propose other locations in writing.

Changing parkland

Both records from Parkland can change: the City Map, and which agency is in charge.

Changing the map

Nothing changes the City Map except as the Charter allows.

Changing jurisdiction

DCAS, the Department of Citywide Administrative Services, assigns City property to agencies.

A garden lot can move to another agency, with ULURP review where it applies. Some property is under joint jurisdiction.

State-owned parkland

The State-law rule on alienation does not cover State-owned parkland.

Community gardens

Garden lots, from the last section, are run through GreenThumb, the Parks division for the City’s urban gardening program.

Its gardens sit on City lots under Parks’ jurisdiction.

PreservedGarden lots stay gardens while they keep their registration and license.
Not parklandUnless the City has mapped them as parkland. A Parks Rule just for garden lots says so.
6 months or 30 daysTime to fix a default: a broken registration or license term. 30 days when the problem is unlawful, a nuisance or a threat to health or safety.

Transfer steps

A Transfer moves a garden lot to another agency for a use other than a garden or open space.

Alternate sites

Level 3 check

Glossary

Quiz

Flashcards

Questions

Sources

Each § mark opens a quote checked word for word against the official text, with a link to the section.

Referenced, not quoted

  • Administrative Code Title 18 (Parks), incl. §18-146 and §18-147
  • 56 RCNY Chapters 2–4 (permits, marinas, moorings)
  • Zoning Resolution §26-41 (street trees)
Quotes checked:000000
NOT LEGAL
ADVICE