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Elizabeth, NJ Invasive Plant Rules: Prohibited Species (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing chapter
City Code Chapter 17.45, Tree Removal-Replacement
Trigger
Street tree DBH 2.5+ in.; others 6+ in./acre
Prohibited replacement species
Any tree on the NJ Invasive Species Strike Team list
Penalty
$1,000 fine per tree in violation
Enforcement
Zoning officer and public works inspector
Alternative to planting
$500 per tree into city tree fund
Adopted
Ordinance No. 5970, March 26, 2024

Summary

When Elizabeth residents remove a tree with a DBH of 2.5 inches (street trees) or 6 inches per acre (other trees), Chapter 17.45 requires replacement plantings, but bars any species on the New Jersey Invasive Species Strike Team's list. The zoning officer and public works inspector enforce the rule, and violators face a $1,000 fine per tree.

A list of trees that shall not be used as replacement trees is maintained by the New Jersey Invasive Species Strike Team and the 2023 list is included in Appendix A of the ordinance from which this chapter derives for reference. This list is updated from time to time and the most current version of this list shall be referenced at the time of planting which can be found at https://www.fohvos.info/invasive-species-strike-team/fact-sheets/ or on file in the office of the city engineer.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 31).

Full Breakdown

Chapter 17.45, adopted by Ordinance No. 5970 on March 26, 2024, sets Elizabeth's tree removal and replacement standard. Only the city or another governmental agency with jurisdiction may remove a street tree; any other person who removes a street tree of 2.5 inches DBH or greater, or who removes trees at a rate of 6 inches DBH or more per acre, must replace them under the tree replacement requirements table in Section 17.45.030(A). That table scales the replacement obligation to tree size, from one 1.5-inch-caliper replacement tree for a category-1 removal (DBH 2.5 to 12.99 inches for street trees, 6 to 12.99 inches for others) up to four replacement trees for any tree of 33 inches DBH or greater.

Section 17.45.030(A) then imposes the invasive-species restriction: replacement stock cannot come from the list of trees maintained by the New Jersey Invasive Species Strike Team, whose current 2023 edition is attached to Ordinance No. 5970 as Appendix A and is also kept on file with the city engineer and posted at fohvos.info. Applicants must check the strike team's current list at planting time, since the list is updated periodically. Replacement trees must otherwise match or exceed the DBH of the tree removed, be planted within twelve months of removal, be monitored by the applicant for two years with replacement of any that die, and cannot be counted if left in containers or pots.

If the city determines replacement cannot happen on the removal site, Section 17.45.030(B) lets the applicant either plant off-site in a city-approved location or pay $500 per tree into a dedicated tree-planting fund. Section 17.45.040 exempts residents who remove fewer than four category 1-3 trees per acre in a rolling five-year window, active tree farms, nurseries, orchards and garden centers, approved forest stewardship land, and hazard trees.

Violations & Fines

Section 17.45.050 assigns enforcement to the zoning officer and public works inspector as part of their regular duties. Section 17.45.060 sets the penalty at $1,000 per tree for anyone found in violation of the chapter, whether for unauthorized removal, failure to replace, or planting a strike-team-listed invasive species as a replacement tree. Each noncompliant tree is charged separately, so removing or improperly replacing multiple trees multiplies the fine.

Frequently Asked Questions

Can I plant any invasive tree species as a replacement in Elizabeth?
No. Section 17.45.030(A) prohibits using any species on the New Jersey Invasive Species Strike Team's list as a replacement tree. The 2023 list is attached to Ordinance No. 5970 as Appendix A, but you must check the current version at fohvos.info or with the city engineer's office, since the list changes over time and only the current edition controls at planting.
What triggers Elizabeth's tree replacement requirement?
Removing a street tree of 2.5 inches DBH or more, or removing trees citywide at a rate of 6 inches DBH or more per acre, triggers the replacement requirements table in Section 17.45.030. The table sets replacement counts and calipers by category, from one tree for the smallest category up to four trees for any tree 33 inches DBH or larger.
What happens if I plant a prohibited invasive species as a replacement tree?
Because it does not satisfy Section 17.45.030's replacement requirement, the tree is not counted as compliant and the property remains in violation. Section 17.45.060 makes any chapter violation punishable by a $1,000 fine per tree, and the zoning officer and public works inspector enforce the chapter during their normal duties.
Can I pay a fee instead of planting replacement trees?
Yes, but only if the city determines the property cannot accommodate required replacements. Section 17.45.030(B) then allows planting off-site in a city-approved location, or paying $500 per tree removed into a fund dedicated to city tree planting and maintenance.

Sources & Official References

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