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Elizabeth, NJ Landscaping Rules: Tree Trimming (2026)

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

Key Facts

Permit issuer
Department of Public Works
Governs
Trees in streets, parking strips, city parks
Approval basis
Department judges necessity, method and workmanship
Related rule
6 sq ft open ground per 3-inch trunk
Penalty
$100-$2,000 fine or up to 90 days jail

Summary

Elizabeth requires a written permit from the department of public works before anyone cuts, prunes, trims, breaks, climbs or otherwise injures a tree growing in a public street, parking strip or city park. Residents can apply for a pruning permit, but the department only issues one after judging the work necessary and approving the proposed method and workmanship, and every approved job must follow the permit's terms exactly.

It is unlawful for any person without the written permit of the department of public works, to cut, break, climb or injure any tree or portion of tree planted or growing in any public highway within the city, or cause, authorize or procure any person to cut, break, climb or injure any such tree or portion thereof... Any person, desiring for any lawful purpose to cut, prune or trim any tree in any public highway of the city may apply to the department of public works; and if in the judgment of the department of public works the desired cutting, pruning or trimming shall appear necessary, and the proposed method and workmanship thereof such as the department of public works approves, the department of public works may thereupon issue a written permit for such work.

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

60 (Trees), bars cutting, breaking, climbing or injuring any tree or portion of a tree growing in a public highway, city park or parking strip, and extends the same ban to any protective device installed around a tree, without written authorization from the department of public works. The chapter treats trimming as a two-step process: first, anyone with a lawful reason to prune a street tree applies to the department; second, the department decides, in its judgment, whether the cutting is necessary and whether the applicant's proposed method and workmanship are acceptable before it issues a written permit, and any work performed must follow that permit's terms exactly.

060). Together these sections put the department of public works in sole control of tree work anywhere in the public right-of-way, including trees a resident might see as growing in front of their own home, since the trees themselves belong to the public highway, not the adjoining private lot. There is no fee schedule listed in the chapter itself for a routine pruning permit, and the ordinance dates to the city's original codification of prior code Section 102-1.

Violations & Fines

Trimming, cutting or climbing a public shade tree without the department's written permit is a Code violation, punished under the general penalty at Section 1.12.010: a fine of $100 to $2,000, up to ninety days in jail, up to ninety days of community service, or a combination the municipal court sets. Work that exceeds what a permit authorizes is treated the same as working without one, since Section 12.60.010 requires strict compliance with the permit's terms.

Frequently Asked Questions

Do I need a permit to trim the tree in front of my Elizabeth house?
If the tree is planted in the public highway, meaning the street right-of-way or parking strip rather than fully inside your private lot line, yes: Section 12.60.010 requires a written permit from the department of public works before anyone cuts, prunes or trims it. Apply to the department, which decides whether the work is necessary and whether your proposed method is acceptable before issuing the permit.
What happens if I remove a street tree in Elizabeth without a permit?
Removing or killing a tree in a public highway or city park without a permit violates Section 12.60.020, and cutting, breaking or injuring one violates Section 12.60.010. Both are punished under the city's general penalty, Section 1.12.010, which allows a fine between $100 and $2,000, up to ninety days in jail, or up to ninety days of community service.
Can I pave over the ground around a city tree's trunk?
Only with a department of public works permit. Section 12.60.060 requires at least six square feet of open ground around a three-inch-diameter shade tree's base, with one additional square foot for every two inches of added trunk diameter, so paving or covering that soil without authorization is a separate violation from cutting or trimming the tree itself.

Sources & Official References

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