Freehold Township, NJ Tree Protection: Heritage & Protected Trees (2026)
Key Facts
- Governing law
- Township Code Ch. 336, Art. II Tree Preservation
- Heritage tree removal fee
- $3,000 flat, § 150-31D
- Removal standard
- Compelling/extraordinary circumstances only, § 336-10G(15)(a)
- Appeal deadline
- 180 calendar days to Shade Tree Commission
- Forester decision window
- 30 days from complete application
- Mitigation on reversal
- 5 replacement trees or ISA-valued payment
- Penalty
- Each tree removed is a separate offense
Summary
Freehold Township protects mature heritage and historic trees under Chapter 336, Article II. The Township Forester decides removal permits, presumes heritage tree removal prohibited absent compelling and extraordinary circumstances, and removing one without a permit or damaging it carries a $3,000 fee plus prosecution under the article's general penalty, with each tree treated as a separate offense.
The purpose of the provisions relating to heritage/historic trees within this article is to require the preservation of those trees which are identified as mature (fully developed) trees of a specific size and species and those trees involved in documented historic events. Permission to remove such trees from any property, other than a modified home site as hereinafter defined, within the Township, except in the most compelling and extraordinary circumstances, shall be prohibited. Removal shall take place only after a thorough investigation and recommendation by a New Jersey board-licensed tree expert and the agreement of the Township Forester. ... HERITAGE TREE Any tree by reason of its diameter measured 4 1/2 feet above the ground (dbh) on the uphill side to be a mature tree of significant size. The Township Forester shall prepare and maintain the Standards for Determining Heritage Trees, for individual tree species. ... Removal of heritage/historic tree: $3,000.
Full Breakdown
Chapter 336, Article II, Tree Preservation (Ord. No. O-87-10) defines a HERITAGE TREE as any tree whose diameter measured four and one-half feet above ground on the uphill side (dbh) qualifies it as a mature tree of significant size under species-specific Standards for Determining Heritage Trees that the Township Forester maintains, and a HISTORIC TREE as one associated with a documented historic event. Section 336-7B states the ordinance's intent: heritage and historic trees may not be removed from any property other than a designated modified home site except in the most compelling and extraordinary circumstances, and only after a thorough investigation and written recommendation from a New Jersey board-licensed tree expert plus the Forester's agreement; loss of lot yield, building area or development profitability does not qualify as compelling or extraordinary under Section 336-10G(15)(a).
The Forester must grant or deny a tree removal permit application within 30 days under Section 336-10H. An applicant denied a permit for a heritage or historic tree may appeal to the Shade Tree Commission within 180 calendar days under Section 336-11B(1); the Commission must set an initial hearing within 45 days of a complete appeal and decide within 60 days of the hearing's close under Section 336-11E. If the Commission modifies or reverses the Forester's denial, Section 336-11F requires mitigation: a monetary contribution valued by the ISA appraisal method, or planting at least five replacement trees of similar type, nursery-quality and sized three to three-and-one-half inches in caliper, or eight-to-ten-foot evergreens, for each heritage or historic tree removed.
The Fee Schedule at Chapter 150, Section 150-31D sets a flat $3,000 charge for removal of a heritage or historic tree, separate from the standard per-tree removal fees. Willfully injuring, disfiguring or damaging any protected tree, or removing one without the required permit, is a violation of Section 336-14, prosecuted under Section 336-17 with each tree removed, damaged or destroyed counted as a separate offense.
Violations & Fines
Removing, damaging, disfiguring or injuring a heritage or historic tree without an approved permit violates Section 336-14 and is prosecuted under Section 336-17, with each tree removed, damaged or destroyed counted as a separate offense. Where no specific penalty applies, Chapter 1, Section 1-3 caps the Township's general penalty at a $2,000 fine, 90 days' imprisonment or 90 days' community service, and Section 1-5 makes each day of a continuing violation a separate offense.
Frequently Asked Questions
What counts as a heritage tree in Freehold Township?
Can I remove a heritage tree from my property?
How much does it cost to remove a heritage tree?
What happens if the Forester denies my heritage tree removal permit?
What is the penalty for damaging a protected tree without a permit?
Sources & Official References
Other rules in Freehold Township
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