§ 96-b. Tree conservation. 1. The legislature hereby finds that there
is a direct relationship between the planting of trees, shrubs and
associated vegetation in sufficient number in populated areas and the
health, safety, and welfare of communities, and as related to the
natural, scenic, and aesthetic values of trees and the physical and
visual qualities of the environment which municipalities are authorized
to protect. Trees and such vegetation abate noise, provide welcome shade
to people, preserve the balance of oxygen in the air by removing carbon
dioxide and fostering air quality, and add color and verdure to human
construction. They also stabilize the soil and control water pollution
by preventing soil erosion and flooding, yield advantageous
microclimatic effects, and provide a natural habitat for wildlife. The
destructive and indiscriminate removal of trees and related vegetation
causes increased municipal costs for proper drainage control, impairs
the benefits of occupancy of existing residential properties and impairs
the stability and value of both improved and unimproved real property in
the area of destruction, and adversely affects the health, safety, and
general welfare of the inhabitants of the state.

2. In addition to any power or authority of a municipal corporation to
regulate by planning or zoning laws or regulations or by local laws and
regulations, the local legislative body of any county, city, town or
village is hereby empowered to provide for the protection and
conservation of trees and related vegetation. Such legislative body may
require appropriate conditions applicable to any activity involving the
removal or destruction of trees or the substantial alteration of grade
level around trees may include, where appropriate, requirements that the
activity be done as specified in an approved landscape plan and that the
removed trees be replaced by the planting of the same or alternate
species of trees, and may provide, in connection therewith, required
plantings for screening purposes. Such regulations, special conditions
and restrictions, adopted in the exercise of the police power, shall be
reasonable and appropriate to the purpose. The municipality may require
the posting of a performance bond to assure compliance with this
section. All charges and expenses incurred under this section by a town
shall be a charge upon the taxable property of that part of the town
outside any incorporated village.