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Bergenfield, NJ Landscaping Rules: Tree Removal & Heritage Trees (2026)

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

Tree removal permit rules in Bergenfield, NJ, sometimes called heritage tree, protected tree, or street tree ordinances, list which trees require a permit before you can cut them down.

Key Facts

Enforcing agency
Shade Tree Committee
Permit needed for
cutting/removing public trees & shrubs
Scope
public highway, right-of-way, park only
Application
signed form plus indemnification agreement
Maximum fine
$1,500 per day (§291-8)
Adopted
1991 by Ordinance No. 2114

Summary

In Bergenfield, cutting, removing, trimming or otherwise disturbing any tree or shrub standing on a public street, sidewalk strip, park or other Borough-owned property requires a written permit from the Shade Tree Committee under Code § 291-1. The rule reaches only publicly sited trees; it does not require a permit to remove a tree growing entirely on private, residential land.

No person shall do, or cause to be done, any of the following acts upon a public highway, public right-of-way, public park or other public place within the Borough, without the prior written permit of the Shade Tree Committee: ... Cut, trim, break, climb with spikes, disturb the roots of, or otherwise injure, or spray with any injurious chemical, or remove any living tree or shrub, or any part thereof, or injure, misuse or remove any structure or device placed to support or protect such trees or shrubs. ... Whenever the owner or occupant of property located within the Borough desires to plant, cut, trim, remove or relocate a tree or shrub, or a portion thereof, located completely or partially on a public highway, public right-of-way, public park or other public place, or to perform any other work requiring a permit pursuant to this chapter, the applicant shall, prior to the issuance of such permit, submit a completed and signed application to the Shade Tree Committee on a form to be established and provided by the Shade Tree Committee.

Full Breakdown

Chapter 291, Trees, adopted in 1991 by Ordinance No. 2114, gives Bergenfield's Shade Tree Committee exclusive authority over work on trees and shrubs located on a public highway, public right-of-way, public park or other public place in the Borough. Section 291-1 lists the acts that need its prior written permit: cutting, trimming, breaking, climbing with spikes, disturbing roots, spraying with injurious chemicals, or removing a living tree or shrub or any part of it, along with planting new trees, fastening signs or wires to them, and piling building material or mixing mortar within six feet of a trunk.

Anyone who wants to plant, cut, trim, remove or relocate a tree or shrub standing wholly or partly on Borough property must file a signed application under § 291-6 describing the work, and must first sign an agreement indemnifying the Borough, its officials and employees against claims arising from the work. The Committee reviews each application and may grant or deny it, and all work is done at the applicant's expense and subject to the Committee's inspection. During construction or repair of a building or of a highway, § 291-2 also requires the owner or contractor to guard nearby street trees and to reset or replace any that are damaged or fail to thrive within one year of completion. This chapter does not reach trees growing entirely on private residential lots.

Violations & Fines

Violating any provision of Chapter 291, including removing or damaging a street tree without a Shade Tree Committee permit, is punishable under § 291-8 by a fine of up to $1,500, and each day the violation continues counts as a separate offense. The Borough can also require the responsible party to reset or replace damaged trees, and unpaid restoration costs may be certified against the property and added to its tax bill under § 291-4D's cost-recovery mechanism for related plant-life work.

Frequently Asked Questions

Do I need a permit to remove a tree in my own backyard in Bergenfield?
No. Chapter 291 only regulates trees and shrubs standing on a public highway, public right-of-way, public park or other public place. A tree growing entirely on private residential property is outside this chapter's Shade Tree Committee permit requirement, though other Borough codes, such as the property maintenance or construction code, may still apply to the work.
Who issues the tree removal permit?
The Shade Tree Committee, established under Chapter 5, reviews applications filed under § 291-6 for work on trees and shrubs located on Borough property, and has the power to grant or deny each permit. Applicants must sign an indemnification agreement before a permit is issued and pay the full cost of any approved work.
What is the penalty for cutting down a street tree without a permit?
Section 291-8 sets a fine of up to $1,500 for any violation of Chapter 291, and treats each day the violation continues as a separate offense, so unpermitted removal of a public shade tree can produce multiple daily fines until the matter is resolved with the Shade Tree Committee.
Can the Borough make me pay to replace a damaged street tree?
Yes. Under § 291-2, anyone whose construction or repair work damages a nearby shade tree must reset it or replace it if it fails to thrive within one year of the work's completion, in addition to any fine imposed for a permit violation.

Sources & Official References

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