Newark, NJ Invasive Plant Rules: Tree-of-Heaven Removal (2026)
Key Facts
- 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
Summary
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.
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. ... j. Gingko Biloba - female.
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 of the Revised General Ordinances, the zoning standards for landscaping of buildings and yards, lists ten tree varieties that 'may not be planted and are prohibited' on any site subject to Newark's landscaping requirements, and tree of heaven (Ailanthus altissima) is named third on that list, between the empress tree and the white poplar/Lombardy poplar group. The chapter, adopted November 1, 2023 by Ordinance No. 6PSF-E, folds the ban into the broader landscaping standards that apply to 'all residential, commercial, and industrial sites' under § 41:16-2-1(3).
Because tree of heaven is the primary host plant for the invasive spotted lanternfly and resprouts aggressively from cut stumps and root suckers, the City routes its removal through the same landscape-plan review the Central Planning Board and Division of City Planning use for shade trees, buffer plantings and street trees. A developer's landscape architect must identify existing trees by species and diameter at breast height under § 41:16-2-1(3)(d), so any tree of heaven already on a redevelopment parcel gets flagged and counted toward required replacement plantings rather than credited as retained canopy.
The section also cross-references a companion catch-all: no tree on the NJDEP Invasive Plant List or the USDA Invasive Plants Field and Reference Guide, a broader roster covering species beyond the ten named here, may be planted anywhere in the city. Replacement or new landscaping must instead prioritize native species suited to USDA Plant Hardiness Zone 7a under § 41:16-2-1(4).
Violations & Fines
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.
Frequently Asked Questions
Can I plant a tree of heaven on my Newark property?
Why does Newark single out tree of heaven?
What happens to an existing tree of heaven on a site being redeveloped?
Sources & Official References
Other rules in Newark
Compare Newark to another location·View the New Jersey invasive plant rules overview
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