New Brunswick, NJ Tree Protection: Parkway Planting (2026)

Section 12.32.020 of the New Brunswick Municipal Code is the planting rule for the public right-of-way. Two things must happen before a shade or ornamental tree or shrub goes into a public highway or place: the shade tree bureau approves the tree or shrub and designates the place where it is to be planted, and a permit is granted. The bureau controls both the species and the spot, so a resident cannot choose either alone. Written applications are made to the Shade Tree Bureau, City Hall, New Brunswick under § 12.32.080.

Once a tree is in the ground, Chapter 12.32 protects its growing space. Section 12.32.040 requires written permission from the bureau before anyone places or maintains stone, cement or other sidewalk, curbing or street paving, or erects or alters a building or structure, that could affect the free access of air or water to the roots of any tree or shrub in a public highway or place. The specific rules are: an open space of not less than five feet outside the trunk on all sides at the base must be maintained, except where presently limited by curbing or sidewalk; owners or contractors must place protection around trees during building construction; and where excavation exposes or cuts roots more than one inch in diameter, the contractor protects them under instruction from the bureau. When roots must be cut to realign sidewalks, the abutting property owner has the work done at his or her own expense as part of the sidewalk reconstruction costs.

Section 12.32.010 lists what else needs written permission, including fastening any rope, wire or sign to a tree or shrub or its guard, and removing or injuring a protective guard. The bureau also has power under § 12.32.030 to remove or require removal of a tree dangerous to public safety, with the cost charged to the property in front of which it was planted. Section 12.32.070 says nothing in the chapter makes the bureau responsible for injury to any person, property or highway tree or shrub.