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

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

View official code

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?
Yes. Section 41:16-2-2(4) names ten species outright, then adds that 'no tree listed on the NJDEP Invasive Plant List or USDA Invasive Plants Field and Reference Guide may be planted,' pulling in whatever species those two outside references currently cover rather than freezing the ban to the ten trees spelled out in the ordinance.
Who checks a landscape plan against the prohibited species list?
The Central Planning Board and the City's Zoning Officer review landscape plans as part of site plan and subdivision approval under Title XLI. Section 2:4-4.2 requires Zoning Officer sign-off before any related permit issues, so a plan that specifies a banned species will not clear review until revised.
Can an existing invasive tree stay if it predates the ordinance?
The code does not exempt existing plantings once a site goes through redevelopment. Section 41:16-2-1(3)(d) requires an inventory of existing trees by species and diameter, and replacement plantings must meet the native, Zone 7a-appropriate standard in § 41:16-2-1(4) rather than restoring a banned species.

Sources & Official References

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