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Newark, NJ Tree Protection: Parkway Planting (2026)

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

Key Facts

Permit issuer
Director of Public Works
Min. open ground
6 sq ft around 3-inch tree
Max fine
$500 per offense
Max jail
90 days
Governing section
§ 27:1-4, RGO Newark

Summary

Planting any shade tree in a Newark street or city park requires written permission from the Director of Public Works under § 27:1-4 of the Revised General Ordinances, and all planting work must follow the permit's terms. Unauthorized planting is punishable under the chapter's general penalty clause, § 27:1-15, by a fine up to $500 or 90 days in jail.

No person shall plant or set out, or cause or authorize or procure any person to plant or set out any shade tree in or on any part of any public street or City park without first obtaining from the Director, Department of Public Works a written permit so to do. All planting and other work done pursuant to such permit shall be performed in strict accordance with the terms contained in the permit.

Source: Newark Tree Code Title 8 Chapter 10View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 5019615; v61 updated 2026-06-17; through 06-17-2026).

Full Breakdown

Section 27:1-4 of Newark's Revised General Ordinances requires anyone planting or setting out a shade tree, or causing another person to do so, in a public street or city park to first obtain a written permit from the Director of the Department of Public Works, with all planting and related work performed strictly according to the permit's terms. The Division of Parks, Grounds and Shade Trees, defined in § 27:1-1 as the unit within the Department of Public Works responsible for city parkways, administers this permitting.

Once a tree is planted, § 27:1-6 protects its root zone: an open area of at least six square feet of ground must be maintained around any shade tree up to three inches in trunk diameter at the base, increasing by one square foot for every additional two inches of diameter, unless the Director's permit specifies otherwise. Section 27:1-7 separately bars letting gas, brine water, oil, dye or other substances toxic to tree life reach the soil around a planted tree's roots. Because Chapter 27:1 defines PLANT broadly to include hedges, brush, shrubs, shrubbery and flowers as well as trees, the planting permit requirement extends beyond street trees to other plantings placed in the public right-of-way or city parks.

Violations of § 27:1-4, like other Chapter 27:1 offenses, are punished under the chapter's catch-all penalty section, § 27:1-15: a fine of up to $500, imprisonment of up to 90 days, or both, with every day a violation continues charged as a new offense.

Violations & Fines

Planting a tree, hedge, shrub or flower bed in a Newark street or park without a Public Works permit violates § 27:1-4 and is punishable under § 27:1-15 by a fine up to $500, up to 90 days in jail, or both, with each day treated as a separate offense. Failing to maintain the six-square-foot open ground area required around a young street tree under § 27:1-6 is a separate violation of the same chapter.

Frequently Asked Questions

Can I plant a tree on the sidewalk strip in front of my Newark house?
Only with a written permit from the Director of Public Works. Section 27:1-4 requires permission before planting or setting out any shade tree in a public street, and the work must follow the terms the Director attaches to the permit, including species and placement.
How much open ground does a newly planted street tree need?
Section 27:1-6 requires at least six square feet of open, unobstructed ground around any shade tree up to three inches in trunk diameter, with one additional square foot required for every two inches the trunk grows beyond that, unless the permit sets a different arrangement.
What is the penalty for planting a tree in a Newark street without permission?
Unpermitted planting under § 27:1-4 is punished the same as other Chapter 27:1 violations: a fine of up to $500, imprisonment up to 90 days, or both, under § 27:1-15, with continuing violations charged separately for each day.

Sources & Official References

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