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West New York, NJ Tree Protection: Parkway Planting (2026)

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

Key Facts

Banned species on streets
Poplar and willow trees
Distance rule
Within 40 feet of the side lines of any street
Replacement size
At least six feet three inches tall, three to five inch caliper
Replacement deadline
Six months from the tree removal permit
Late replacement fine
$250 per month
Removal permit fee
$25 per tree
Issuing office
Building Department

Summary

In the Town of West New York, New Jersey (Hudson County), no one can plant or permit a poplar or willow tree in any public street or public place, or within 40 feet of the side lines of any street or place. A replacement street tree must stand at least six feet and three inches tall, with a three to five inch caliper, and come from the Building Department's approved species list.

§ 379-7. Replacement trees. In the event that any property owner removes a tree pursuant to any provision of this chapter, a replacement tree shall be planted at or near the location of the tree which was removed. Said replacement must be made within six months of the issuance of the tree removal permit, and the replacement tree must be of a height of at least six feet and three inches to five inches caliper (width). The property owner shall consult with the Building Department in order to determine the species of tree which shall be used for replacement, and the species shall be selected from a list of approved species which shall be maintained within the Building Department. A. In the event that replacement tree(s) are not planted in accordance with the provisions of this section, then the property owner shall be fined $250 per month that the tree is not replaced. § 379-8. Restriction on poplar and willow trees. No person shall hereafter plant or permit to be planted any poplar or willow tree in any public street or public place or within 40 feet of the side lines of any street or place.

Full Breakdown

Chapter 379 of the Town Code, adopted by the Board of Commissioners on 12-16-2015 as Ord. No. 25/15, governs shade trees on public streets and places. The planting restriction sits in § 379-8: poplar and willow trees are barred from any public street or public place and from the strip within 40 feet of the side lines of any street or place. The rule reaches a person who plants such a tree and a person who permits one to be planted.

Planting standards are tied to removal. Under § 379-1, no person can remove, break, damage, alter, kill, destroy, mutilate or cut down a shade tree on a public street or place, including a public right-of-way, without a permit from the Building Department. The fee is $25 per tree, paid by check or money order to the Town of West New York. Under § 379-7, any tree removed under the chapter must be replaced at or near its location within six months of the permit. The replacement must be at least six feet and three inches tall with a caliper of three to five inches. The owner consults the Building Department on species, and the species comes from the approved list the Department maintains.

Related limits: cutting a limb on a street tree needs a $5 permit under § 379-4, except that an owner can cut a branch that is dead, diseased, broken or decayed, or a menace to public safety, without one. Where a raised or cracked sidewalk is traced to a tree, § 379-6 directs the owner to trim the root while it is dormant and permits removal only if absolutely necessary. A refused permit can be appealed to the Board of Commissioners under § 379-10 on not less than five days' written notice, with a hearing fixed no later than 30 days after the notice is received.

Violations & Fines

Section 379-7 prints one penalty: a fine of $250 per month that a required replacement tree is not planted. Chapter 379 has no separate penalty clause for planting a poplar or willow. Section 1-16 of the Town Code sets the penalty for any chapter: a fine not to exceed $1,000 or imprisonment in the county jail for up to 90 days, or both, with each violation a separate and distinct offense.

Frequently Asked Questions

Can I plant a willow near the street in the Town of West New York?
No. Section 379-8 bars planting or permitting a poplar or willow tree in any public street or public place, and also within 40 feet of the side lines of any street or place. The ban covers the person who plants the tree and the person who permits it to be planted.
Who chooses the species for a replacement street tree?
The property owner consults the Building Department, and the species must come from the list of approved species the Department maintains. Section 379-7 sets the minimum size: at least six feet and three inches tall with a caliper of three to five inches.
How long do I have to replace a removed tree, and what if I miss it?
Replacement must be made within six months of the issuance of the tree removal permit, at or near the location of the tree that was removed. If the replacement is not planted, § 379-7 imposes a fine of $250 per month for as long as the tree is not replaced.
What can I do if the Building Department refuses my tree permit?
Section 379-10 lets you appeal to the Board of Commissioners. You must serve not less than five days' written notice, in person or by registered mail, return receipt requested. The hearing date must be fixed no later than 30 days after the Board receives the notice.

Sources & Official References

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