Newark's Invasive Plant Rules: The Rules That Matter

Every city handles invasive plant rules a little differently. In Newark, New Jersey, there are 2 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Prohibited Species

Newark's landscaping code bans ten specific tree varieties outright and layers on a second, broader prohibition: nothing on the New Jersey DEP's Invasive Plant List or the USDA's Invasive Plants Field and Reference Guide may be planted anywhere in the city. The rule lives inside the mandatory zoning standards for site landscaping, § 41:16-2-2, that every site plan and subdivision application must satisfy.

Key details: Named bans: 10 species, e.g. Bradford pear, Norway maple. Catch-all rule: NJDEP Invasive Plant List + USDA guide. Section: § 41:16-2-2(4), Zoning Standards. Adopted: Nov. 1, 2023, Ord. No. 6PSF-E. Review body: Central Planning Board / Zoning Officer.

Compliance is checked at the landscape-plan stage of site plan and subdivision review, not through a standalone citation process. Under § 2:4-4.2, the Zoning Officer must approve a project's conformance with Title XLI before any building permit or certificate of occupancy issues, and a permit granted without that sign-off is void. A plan specifying a banned or NJDEP-listed invasive species is returned for revision.

Tree-of-Heaven Removal

Newark's zoning code flatly bans planting Ailanthus altissima, the tree of heaven, anywhere a site plan or subdivision application requires landscaping. The ban sits in the mandatory design standards of Title XLI's landscaping chapter, alongside nine other invasive or weak-wooded species the Central Planning Board and Zoning Officer will not approve on a landscape plan submitted for review.

Key details: Governing section: § 41:16-2-2(4), Zoning Standards. Species banned: 10 named trees plus NJDEP invasive list. Adopted: Nov. 1, 2023, Ord. No. 6PSF-E. Enforcing bodies: Central Planning Board, Zoning Officer. Replacement standard: Native species for Zone 7a required.

The landscaping standards are enforced through the site plan and subdivision review the Zoning Officer and Central Planning Board conduct before any permit issues: under § 2:4-4.2, no land-use permit may be issued until the Zoning Officer approves the application's compliance with Title XLI, and a permit issued without that approval is void. A landscape plan showing a prohibited species is rejected until it is revised to substitute an approved tree.

The Bottom Line

Newark's invasive plant rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Newark is broadly strict or permissive.

These rules come from Newark's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.