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

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

Tree removal permit rules in Wayne, 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

Permit trigger
Trees six inches or greater in diameter
Issuing official
Director of Parks and Recreation or designee
Permit fee
$20, $30 or $35 per tree by quantity (Chapter 75)
Permit duration
Expires 6 months after issuance
Soil disturbance trigger
Over 250 square feet goes to Chapter 134, Article VI
Article VI fine
Not less than $250 nor more than $2,000 per violation

Summary

Section 129-18 of the Wayne Township Code requires a permit from the Director of Parks and Recreation or a designee before anyone removes a tree six inches or greater in diameter. The permit expires 6 months after issuance, the fee follows the Chapter 75 schedule, and removals that disturb more than 250 square feet of soil fall under Chapter 134, Article VI.

A. No person shall, without first obtaining a permit from the Director of Parks and Recreation or his/her designee, remove or cause to be removed trees which are six (6) inches or greater in diameter. Application shall be made at the office of the Division of Parks and Forestry on a prescribed form. No tree removal permit shall be issued unless the tree service provider engaged for the work described in the application meets the requirements of the Tree Expert and Tree Care Operator Licensing Act, N.J.S.A. 45:15C:11 et seq., and the regulations promulgated thereunder at N.J.A.C. 7:3A-1.1 et seq. ... C. Notwithstanding anything contained herein, whenever the removal of trees results in a soil disturbance exceeding 250 square feet, said removal shall be in accordance with Chapter 134, Land Development, Article VI. ... E. The permit shall expire 6 months after its issuance. F. The fee for said permit shall be as set forth in Chapter 75, Fees.

Full Breakdown

In Wayne Township, § 129-18 requires a permit from the Director of Parks and Recreation or a designee before anyone removes a tree six inches or greater in diameter from non-Township land. The application goes to the Division of Parks and Forestry on a prescribed form, and no permit issues unless the tree service engaged for the work meets the Tree Expert and Tree Care Operator Licensing Act and its N.J.A.C. 7:3A rules. Paragraph B sends the application to the Township Engineer, who decides whether Chapter 134, Land Development, Article VI applies; if it does, Article VI supersedes § 129-18.

Paragraph C does the same whenever removal causes soil disturbance exceeding 250 square feet. The permit is issued for five listed reasons: a hardship, nuisance or hazard; trees inside areas to be occupied by buildings, driveways or recreation areas and within 30 feet around a building's perimeter, where the Director can specify that certain trees within the 30 feet stay standing; trees inconsistent with the owner's landscaping designs, where the Director can require a new landscaping plan first; dead or dying trees; and removals for installing utilities or equipment.

The Chapter 75 fee schedule lists the Tree Removal Permit Fee at $20 per tree for 1 to 10 trees, $30 per tree for 11 to 20 trees and $35 per tree for 21 trees or greater. Development projects face § 134-91.4: trees six inches in caliper or greater inside the limit of disturbance are replaced at 1 to 1 for 6 to 12.99 inches, 2 to 1 above 13 inches through 22.99, 3 to 1 above 23 through 32.99 and 4 to 1 above 33.

Replacement deciduous trees need a 3-inch caliper trunk, conifers 8 feet in height, planting within twelve months and two years of monitoring. Trees on Township-owned land, streets and parks need a separate permit under § 129-17.

Violations & Fines

Cutting a tree of six inches or more without the § 129-18 permit is a separate offense for the property owner and for the owner's contractor under § 129-27(A), each with its own penalty. Other Article IV violations go to Chapter 1, § 1-15: up to 90 days in jail, a fine up to $2,000, or up to 90 days of community service. Article VI violations carry a fine of not less than $250 nor more than $2,000 per violation under § 134-91.7.

Frequently Asked Questions

Do I need a permit to remove a tree on my own lot in Wayne Township?
Yes, for any tree six inches or greater in diameter. Section 129-18(A) requires a permit from the Director of Parks and Recreation or a designee, applied for at the Division of Parks and Forestry. The tree service must also meet the state Tree Expert and Tree Care Operator Licensing Act requirements.
Is a dead tree exempt from the permit?
No. A tree six inches or greater still needs the permit, but dead or dying trees are one of the five listed reasons for which the permit is issued. The others are hardship, nuisance or hazard, location within areas to be occupied by buildings, driveways or recreation areas, landscaping design conflicts, and utility installation.
How much does the Wayne Township tree removal permit cost?
Section 129-18(F) refers to Chapter 75, and the fee schedule lists the Tree Removal Permit Fee at $20 per tree for 1 to 10 trees, $30 per tree for 11 to 20 trees and $35 per tree for 21 trees or greater. The permit expires 6 months after issuance.
When do I have to replace removed trees?
Replacement applies under § 134-91.4 in the development process, where trees six inches in caliper or greater are replaced at ratios from 1 to 1 up to 4 to 1 by size. Section 129-18(C) sends any removal disturbing more than 250 square feet of soil to Chapter 134, Article VI.

Sources & Official References

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