Can you tap maple trees on public land in New York?

The Environmental Conservation Law lets DEC sell "the sap from maple trees" as a forest product on State Forests (reforestation areas) outside the Adirondack and Catskill parks, and since 2024 authorizes contracts for tree tapping and sap production of up to ten years (ECL § 9-0505(1), (5)). DEC foresters pick and mark the stands, and each sale goes to the highest responsible bidder — you can't apply for a stand of your choosing. DEC's sales page lists one example: contract TX11811 on Bombay State Forest (Franklin County), 465 taps on about 14 acres, minimum bid $1,162.50 for a contract running January 2022 to July 2026, with a performance bond and annual DEC tap inspections. For bid opportunities, DEC says to contact your regional Lands and Forests office. Forest Preserve land in the Adirondack and Catskill parks is off the table: the state constitution says it "shall not be leased, sold or exchanged" and its timber may not be "sold, removed or destroyed" (Art. XIV, § 1). There is no hobby tapping permit. The general state-land rule bars injuring any tree "except for personal consumption or under permit" (6 NYCRR 190.8(g)); we found nothing from DEC saying that the personal-consumption wording covers drilling tapholes, so don't rely on it — ask the regional office first (not confirmed).

In state parks and historic sites, the list of "activities absolutely prohibited" includes to "injure, destroy, deface, remove ... or cut any ... tree or other plant life" (9 NYCRR 375.1(e)). No tapping permit exists in the park rules we read. Wildlife management area rules were not checked separately; they are DEC state land, so 6 NYCRR 190.8(g) is the starting point.

New York's only national forest, the Finger Lakes National Forest, lists maple sap as a forest product for which "special permits are required," obtained from a forest office; the page gives no fee or tap limit (not confirmed). Its sister forest in Vermont handles sugaring with special-use permits. The federal rule underneath: damaging or removing any tree or forest product without authorization is prohibited (36 CFR 261.6).

Forests in New York: Finger Lakes National Forest

Town, county and roadside trees

County forests, town and village land, parks and street trees all need the owner's consent. New York's tree-damage statute applies to trees "on the common or other land of a city, village, town or county" as well as private land: injuring one without the owner's consent exposes you to treble the stumpage value or $250 per tree, or both (RPAPL § 861). We found no statewide tapping program for municipal land; ask the town board, parks department or county forester (local programs were not surveyed).

Private land you don't own

Get the owner's consent, ideally in writing. The statutes don't name tapping or sap, but they cover it in substance: no one may "injure or destroy" any tree on another's land without consent (ECL § 9-1501), and the owner can sue for treble stumpage value or $250 per tree, or both (RPAPL § 861). For lease terms, the UVM Extension annotated sugarbush lease is the standard northeastern template.

Lease rates seen in the sources: No New York-specific survey was opened. UVM Extension's 2019 survey of 312 producers across several northeastern states found the most common rent was $1.00–$1.24 per tap per year, then $0.50–$0.99 ("Maple Rental Rates," January 2020). The one DEC sale on record worked out to $2.50 per tap for a contract spanning roughly five sugaring seasons (minimum bid $1,162.50 for 465 taps).