Irvington, NJ Tree Protection: Parkway Planting (2026)
Key Facts
- Permit required for
- Planting any shade tree in a public street
- Issuing office
- Division of Public Property
- Minimum open ground
- 9 sq ft at 3-inch trunk diameter
- Growth increment
- +2 sq ft per 3 inches of diameter
- Max fine (general penalty)
- $2,000 under § 1-17A
Summary
Before planting or setting out any shade tree along an Irvington street, § 610-4 requires a written permit from the Division of Public Property spelling out the conditions of the planting. Once a tree is in the ground, § 610-6 sets a minimum open-ground area around its trunk that grows with the tree's diameter.
No person shall plant or set out any shade tree or cause or procure any person to plant or set out any shade tree in or on any part of any public highway of the Town without first obtaining a written permit therefor from the Division of Public Property setting forth the conditions under which such tree may be planted or set out and in all respects complying with the conditions of such permit. ... Unless otherwise provided for in such written permit, there shall be maintained about the base of the trunk of each shade tree in the streets of the Town nine square feet of open ground for a tree of three inches in diameter, and for every three inches of increase of such diameter, there shall be an increase of at least two square feet of open ground.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996945; v39 updated 2026-07-13; through 07-13-2026).
Full Breakdown
Article II of Chapter 610, Shade Trees on Streets, controls what residents may plant in the public right-of-way as well as what they may remove. Section 610-4 makes it unlawful to plant or set out a shade tree in any part of a public highway without first getting a written permit from the Division of Public Property, and the permit itself must set out the conditions under which the tree may be planted; the planter must comply with those conditions in every respect. Section 610-6 then protects the planted tree's root zone: no one may place or maintain stone, cement or other paving material around a street tree's base without a separate written permit from the Division, and unless a permit says otherwise, at least nine square feet of open ground must be kept around the trunk of a tree three inches in diameter, increasing by two square feet of open ground for every additional three inches of trunk diameter.
Section 610-7 works alongside these rules to bar attaching wires, signs or other devices to a street tree or to its protective stake or guard without a Division permit, and § 610-9 requires anyone stringing a wire across a public highway to fasten it so it cannot touch a tree. As with tree removal, Chapter 610 has no dedicated penalty section, so a violation of the planting or open-ground rules is punished under the general Revised Code penalty at § 1-17A, up to $2,000 or 90 days' imprisonment, or both, with continuing violations counted day by day.
Violations & Fines
Planting a street tree, paving around its base, or attaching wires or signs to it without the Division of Public Property's written permit carries no separate fine in Chapter 610, so it is punished under the Revised Code's general penalty, § 1-17A: up to $2,000, up to 90 days' imprisonment, or both, with each day a violation continues treated as a new offense.
Frequently Asked Questions
Can I plant a new street tree in front of my Irvington house myself?
How much open ground must be left around a newly planted street tree?
Can I attach a sign or string a wire near a street tree?
Sources & Official References
Other rules in Irvington
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How other cities in Essex County handle parkway planting.