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Hackensack, NJ Invasive Plant Rules: Tree-of-Heaven Removal (2026)

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

Key Facts

Effective date
October 1, 2022
Adopting ordinance
Ord. No. 41-2022 (9-6-2022)
Species
Ailanthus altissima, tree of heaven
Removal requirement
stump must be pulled to stop resprouting
Site-plan oversight
Planning Board reviews planted/buffer areas

Summary

Hackensack outlaws ailanthus altissima, the invasive tree of heaven. Since October 1, 2022, Section 162-3 makes it unlawful to sell, plant or knowingly propagate the species anywhere in the city, and the zoning code separately requires anyone who removes it from a protected planted area to pull the stump so it cannot resprout.

§ 162-3. Certain trees and other vegetation prohibited in certain areas. [Amended 9-6-2022 by Ord. No. 41-2022] ... Effective October 1, 2022, no person shall sell, plant or knowingly propagate within the City the following invasive species of vegetation: ... 2) "tree of heaven" known as "ailanthus altissima" ... This includes the replanting or replacing of existing vegetation after it has died or has been removed. ... tree of heaven (Ailanthus altissima) trees and saplings removal must include removing their stumps to limit resprouting.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4592721; v20 updated 2026-01-06; through 01-06-2026).

Full Breakdown

The tree-of-heaven ban arrived with Ordinance No. 41-2022, adopted September 6, 2022 as an amendment to Section 162-3 of Chapter 162, Trees, the same section that has restricted poplar, catalpa and willow plantings near public streets since the 1980s. Effective October 1, 2022, no person may sell, plant or knowingly propagate ailanthus altissima anywhere in Hackensack, public or private property alike, and the ban reaches replanting after an existing specimen dies or is removed. 2A(1) generally bars removing any tree over six inches in diameter from a required planted or buffer area without Planning Board approval, but it carves out invasive species such as tree of heaven from that protection, on the condition that removal "prohibit regrowth or spread," which for ailanthus altissima specifically means pulling the stump to limit resprouting.

That landscaping standard is enforced through the Planning Board's site-plan process, where planted and buffer areas are subject to inspection and approval before a permanent certificate of occupancy issues. The Section 162-3 sale-and-planting ban, by contrast, has no penalty clause of its own within Article I of Chapter 162, so it falls to the Code's general penalty provision at Section 1-15.

Violations & Fines

Selling, planting or propagating tree of heaven violates Section 162-3, which carries no penalty of its own and is enforced under the Code's general provision at Section 1-15. On developed or developing lots, failing to remove a tree-of-heaven stump as required by Section 175-13.2 can hold up Planning Board sign-off on planted areas, which the zoning code requires before a permanent certificate of occupancy is issued.

Frequently Asked Questions

Is tree of heaven banned in Hackensack?
Yes. Section 162-3 of the Hackensack City Code, effective October 1, 2022, makes it unlawful to sell, plant or knowingly propagate ailanthus altissima, known as tree of heaven, anywhere in the city, including replanting after an existing specimen dies or is removed.
If a developer removes a tree of heaven, do they have to pull the stump?
Yes. Section 175-13.2 of the zoning code requires that invasive species removed from a required planted or buffer area be removed "in a manner that will prohibit regrowth or spread," and specifically instructs that tree of heaven stumps be removed to limit resprouting.
Can a property owner remove a tree of heaven without Planning Board approval?
The zoning code carves out invasive species like tree of heaven from the general rule requiring Planning Board, subdivision or site-plan approval before removing trees over six inches in diameter from a protected planted area, so long as removal, stump included, is done to stop regrowth.

Sources & Official References

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