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Irvington, NJ Tree Protection: Parkway Planting (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
Not without a permit. Section 610-4 requires anyone planting or setting out a shade tree in a public highway to first get a written permit from the Division of Public Property, which sets the conditions, such as species or spacing, that the planting must follow.
How much open ground must be left around a newly planted street tree?
Section 610-6 sets a minimum of nine square feet of open, unpaved ground around the trunk of a three-inch-diameter street tree, with an additional two square feet required for every three inches the trunk grows, unless the Division's planting permit specifies something different.
Can I attach a sign or string a wire near a street tree?
Only with a permit. Section 610-7 bars attaching a rope, wire, sign or other device to a street tree or its protective stake without written permission from the Division of Public Property, and § 610-9 separately requires anyone running a wire across a street to keep it clear of the tree.

Sources & Official References

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