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

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

Tree removal permit rules in Elizabeth, 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

Street tree threshold
2.5 inches DBH or more
Private tree threshold
6-inch DBH, 6+ trees per acre
Violation fine
$1,000 per tree
Fee alternative
$500 per tree if no on-site replanting
Survival monitoring
2 years, replanted within 12 months
Adopted
Ordinance No. 5970, March 26, 2024

Summary

Elizabeth requires anyone removing a street tree of 2.5 inches DBH or more, or six or more trees at 6 inches DBH per acre, to replace them under a tiered table or pay $500 per tree into the city's tree fund. Only the city may remove street trees without the right-of-way owner's authorization.

A.Tree Replacement Requirements.1.Only the city or other governmental agency having jurisdiction over the applicable right-of-way shall remove street trees, removal of street trees other persons is prohibited unless specifically authorized by the right-of-way owner. Any person who removes one or more street tree(s) with a DBH of two and one-half (2.5) inches or more, unless exempt under section 17.45.040, shall be subject to the requirements of the tree replacement requirements table below...Any person(s) who is found to be in violation of the provisions of this chapter shall be subject to a fine of one thousand dollars ($1,000.00) per tree.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 31).

Full Breakdown

45, adopted by Ordinance No. 5970 on March 26, 2024, bars anyone other than the city or another governmental agency with jurisdiction from removing street trees unless the right-of-way owner specifically authorizes it. 5 inches DBH or more, or removes non-street trees at a rate of six inches DBH or more per acre, must meet the tree replacement requirements table unless an exemption applies. 99 inches, and four for trees 33 inches DBH or larger. Replacement trees must go in within 12 months of removal, cannot be planted in temporary containers, and must be monitored by the applicant for two years to confirm survival, with dead replacements replaced within 12 months.

If on-site replanting isn't feasible, the person removing the tree may instead pay $500 per tree into a city fund dedicated to tree planting and maintenance. 040 exempts residents who remove fewer than four category 1-3 trees per acre in a rolling five-year period, tree farms, nurseries, orchards and garden centers, active silviculture under an approved stewardship plan, trees removed under a municipal or state decommissioning plan, NJDEP- or EPA-approved cleanups, approved game management practices, and confirmed hazard trees, which need neither fee nor replacement.

Violations & Fines

Removing a regulated street or private tree without meeting the replacement table or an exemption under § 17.45.040 violates Chapter 17.45 and draws a fine of $1,000 per tree under § 17.45.060, enforced by the zoning officer and public works inspector under § 17.45.050. Unauthorized removal of a street tree by anyone other than the city, or a right-of-way owner acting under authorization, is itself a separate violation of § 17.45.030(A)(1).

Frequently Asked Questions

Can I remove a street tree in front of my Elizabeth home?
Not on your own authority. Section 17.45.030(A)(1) states only the city or another governmental agency with jurisdiction over the right-of-way may remove street trees, and removal by anyone else is prohibited unless specifically authorized by the right-of-way owner.
How many replacement trees does Elizabeth require after a tree removal?
It scales with the diameter of the tree removed. The replacement table in § 17.45.030 requires one replacement tree, at least 1.5-inch caliper, for trees up to 12.99 inches DBH, scaling to four replacement trees for a tree 33 inches DBH or larger.
What if I can't replant on my own property?
The city can approve planting in a separate area, or the person removing the tree can instead pay $500 per tree removed into a fund dedicated to tree planting and continued maintenance, under § 17.45.030(B).
Are any trees exempt from Elizabeth's replacement rule?
Yes. Residents removing fewer than four category 1-3 trees per acre in a rolling five-year period, tree farms and nurseries, active silviculture plans, and hazard trees confirmed by a certified arborist or licensed tree expert are all exempted under § 17.45.040.

Sources & Official References

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