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

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

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 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?
No. Newark's zoning code, § 41:16-2-2, lists tree of heaven (Ailanthus altissima) among ten tree varieties that 'may not be planted and are prohibited' anywhere a landscape plan is required for a residential, commercial or industrial site. Any landscape plan submitted to the Central Planning Board showing the species must be revised before the City will approve it.
Why does Newark single out tree of heaven?
Tree of heaven is the preferred host plant for the invasive spotted lanternfly and spreads aggressively through root suckers, crowding out the native canopy Newark's landscaping code otherwise requires. Section 41:16-2-1(4) directs that replacement and required plantings favor native species suited to USDA Hardiness Zone 7a instead.
What happens to an existing tree of heaven on a site being redeveloped?
Developers must inventory existing trees by species and diameter at breast height under § 41:16-2-1(3)(d). An existing tree of heaven does not count as retained canopy credit; the Central Planning Board will require it to be removed and replaced with an approved tree as part of site plan approval.

Sources & Official References

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