Newark, NJ Invasive Plant Rules: Prohibited Species (2026)
Key Facts
- 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
Summary
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.
Prohibited tree species. The following tree varieties may not be planted and are prohibited: a. Bradford Pear/Pyruscalleryana 'Bradford'. b. Empress Tree/Paulownia tomentosa. c. Tree of Heaven/Ailanthus altissima. d. White Poplar & Lombardy Poplar/Populus alba & Populusnigra. e. Russian Olive. f. Siberian Elm. g. Amur Maple. h. Silver Maple. i. Norway Maple. j. Gingko Biloba - female. In addition, no tree listed on the NJDEP Invasive Plant List or USDA Invasive Plants Field and Reference Guide may be planted.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 5019615; v61 updated 2026-06-17; through 06-17-2026).
Full Breakdown
Section 41:16-2-2(4) of Title XLI, Zoning and Land Use Regulations, opens with a named list: Bradford pear, empress tree, tree of heaven, white poplar and Lombardy poplar, Russian olive, Siberian elm, Amur maple, silver maple, Norway maple and female Gingko biloba are all trees that 'may not be planted and are prohibited' under Newark's landscaping standards. The section does not stop at that list; it adds a catch-all sentence, 'no tree listed on the NJDEP Invasive Plant List or USDA Invasive Plants Field and Reference Guide may be planted,' which pulls in every species on two external reference documents rather than limiting the ban to the ten named trees.
That combination makes the ordinance broader than most municipal invasive-species rules, which typically name species without cross-referencing a state agency list that can be updated independently of the local code. The prohibition is embedded in § 41:16-2, 'Landscaping for Buildings and Yards,' adopted November 1, 2023 by Ordinance No. 6PSF-E as part of a rewrite of Newark's zoning and land use design standards. It applies wherever landscaping is required, which under § 41:16-2-1(3) means 'all residential, commercial, and industrial sites' going through site plan or subdivision review, and it interacts with the diameter-at-breast-height inventory requirement of § 41:16-2-1(3)(d), which forces an applicant to identify and account for every existing tree on a redevelopment parcel before removal or replacement is approved.
Violations & Fines
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.
Frequently Asked Questions
Does Newark ban more than the ten trees it names?
Who checks a landscape plan against the prohibited species list?
Can an existing invasive tree stay if it predates the ordinance?
Sources & Official References
Other rules in Newark
Compare Newark to another location·View the New Jersey invasive plant rules overview
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