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Passaic, NJ Tree Protection: Parkway Planting (2026)

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

Key Facts

Permit needed for
planting/setting out a tree in a street or park
Issuing agency
Dept. of Parks and Public Property
Species control
Appendix A approved species and planting standards
Chapter fine
$1,000 per tree for violations
Amended
4-18-2024, Ord. No. 2445-24

Summary

No one may plant or set out a tree in a Passaic street, park, or planting strip without a written permit from the Department of Parks and Public Property first. The chapter's 2024 rewrite added an approved species and planting-standards appendix that governs what can go in the ground.

No person shall do or cause to be done any of the following acts affecting the trees, shrubbery or ornamental material planted or growing naturally within the highways or public places under the jurisdiction of the city, except with a written permit first obtained from the Department of Parks and Public Property: ... (2) Plant or set out any tree in any street or park.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4978046; v41 updated 2026-07-01; through 07-01-2026).

Full Breakdown

Section 289-2A bars any person from doing or causing to be done several listed acts affecting trees, shrubbery, or ornamental material growing within highways or public places under the city's jurisdiction 'except with a written permit first obtained from the Department of Parks and Public Property,' and subsection A(2) lists 'plant or set out any tree in any street or park' as one of those permitted acts. The chapter defines the ground a street tree occupies in Section 289-1: a PLANTING STRIP is 'the part of a street right-of-way between the public right-of-way and the portion of the street reserved for vehicular traffic or between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk,' and a STREET TREE is one planted 'in the sidewalk, planting strip, and/or in the public right-of-way adjacent to the portion of the street reserved for vehicular traffic,' including trees in medians, islands, and pedestrian refuges.

The April 18, 2024 amendment (Ord. No. 2445-24) attached Appendix A, an approved list of tree species and planting standards, to control what species may be planted and how. The Department of Parks and Public Property, defined to include its Director and any person the Director assigns, administers the permit and may adopt further rules under Section 289-10. Anyone planting without the required permit is subject to the chapter-wide fine set at Section 289-2D.

Violations & Fines

Planting a tree in a Passaic street, park, or planting strip without the Department of Parks and Public Property's written permit exposes the planter to the chapter-wide fine of $1,000 per tree set out in §289-2D, added by the 2024 amendment and applicable to violations of any provision of Chapter 289, including the planting permit requirement in §289-2A(2).

Frequently Asked Questions

Can a Passaic resident plant a tree in front of their house?
Only with a written permit from the Department of Parks and Public Property first, per §289-2A(2), because the strip between the curb and sidewalk is within the city's jurisdiction over street trees even where it fronts private property.
Does Passaic control which tree species can be planted?
Yes. The 2024 amendment added Appendix A, an approved list of tree species and planting standards, referenced directly in the Tree Replacement Requirements Table and applicable to any tree planted under a §289-2 permit.
What counts as a 'street tree' under Passaic's ordinance?
Section 289-1 defines it as a tree planted in the sidewalk, planting strip, or public right-of-way adjacent to the traveled roadway, including trees in medians, islands, and pedestrian refuges within the roadway right-of-way.

Sources & Official References

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