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

Chapter 8.48 of the New Brunswick Municipal Code, titled Tree Replacement Requirements, declares in Section 8.48.120 that no tree shall be cut or otherwise removed from any lands in the City of New Brunswick without a tree removal permit, subject to the exemptions in Section 8.48.150. Section 8.48.140 sets the size trigger at a diameter at breast height, or DBH, of six inches or greater, measured four and one-half feet above ground level on the downhill side. Applications tied to a major subdivision, minor subdivision or site plan carry the tree permit request to the planning board or zoning board of adjustment. Every other lot uses Section 8.48.180 and applies to the administrative officer.

For a residential lot smaller than two times the required lot size, the permit application is triggered by a removal rate of five or more trees with a 10-inch DBH or greater in a two-year period. For a lot twice the required size or larger, the trigger is more than six such trees in two years. The applicant lists each tree of 10 inches or more by size and species, states the purpose of the removal and supplies a sketch. Removal cannot exceed one-half acre or 50 percent of the lot size, whichever is less.

The administrative officer grants a permit on printed criteria: a tree that forces a structure outside the permitted setbacks, one that harms a septic field, one that leaves no other placement for a building, addition, driveway, deck, patio or lawn area, one that inhibits enjoyment of an outdoor pool, patio or deck, or one whose angle or growth is a hazard to structures or human life. A request that fails those criteria can be forwarded to the technical advisory committee. Section 8.48.190 also permits removal where the area will be occupied by a building, street, driveway, parking area, patio, swimming pool or utility line, or lies 20 feet or less from those features.

Replacement follows Section 8.48.170. A tree between 6 and 12 inches requires 3 replacement trees of 3-inch caliper, and the count rises to 10 for a tree between 30 and 36 inches. Replacements that cannot go on site are paid into the Tree Preservation Trust Fund at $80.00 per caliper inch under Section 8.48.250. For non-subdivision lots the city must act within 30 days or the application is deemed approved (Section 8.48.210). A permit for a lot needing no building permit lasts one year (Section 8.48.220), and the holder gives written notice at least four business days before work starts (Section 8.48.240).