East Brunswick, NJ Tree Protection: Protected Tree Species (2026)
Key Facts
- Applies to
- Site plans, subdivisions and general development plans
- Significant trees
- Largest known of each species in New Jersey, plus 90% diameter trees
- Species habitat
- Rare, threatened or endangered species on federal or state lists
- Habitat check
- Natural Heritage Program, properties within 200 feet
- Tree survey
- Diameter at four feet and tree species noted
- Tree removal permit
- Trees six inches in caliper or larger (§ 192-38(I))
Summary
In East Brunswick Township, every site plan, subdivision and general development plan must preserve as undeveloped open space the largest known individual trees of each species in New Jersey, trees at 90% or more of that record diameter, and habitats of rare, threatened or endangered vegetation and wildlife species on federal or state lists.
In all developments the following critical areas shall be preserved as undeveloped open space: wetlands as defined by New Jersey Department of Environmental Protection, field verified by an on-site inspection; significant trees defined as the largest known individual trees of each species in New Jersey as listed by the New Jersey Department of Environmental Protection (NJDEP) Bureau of Forestry and large trees which are 90% or more of the diameter of the known largest tree; lands in the floodplain as defined in NJDEP in its Stream Encroachment Manual; steep slopes in excess of twenty-five (25%) percent as measured over a 10-foot interval unless appropriate engineering measures concerning slope stability, erosion, and resident safety are taken to the satisfaction of the Township Engineer; habitats of rare, threatened or endangered vegetation and wildlife species as identified on federal or state lists; and historically significant structures and sites as listed on the federal or New Jersey Registers of Historic Places.
Full Breakdown
Section 192-31 (Critical Areas) of the Township Code sets the rule. It lists the critical areas to be preserved as undeveloped open space in all developments: wetlands, significant trees, floodplain lands, steep slopes over twenty-five percent measured over a 10-foot interval, habitats of rare, threatened or endangered species, and historically significant structures and sites. Steep slopes can be built on only if engineering measures on slope stability, erosion and resident safety satisfy the Township Engineer. The code does not print a species list of its own. Significant trees are defined by the NJDEP Bureau of Forestry list of the largest known individual trees of each species in New Jersey, plus large trees 90% or more of the diameter of the known largest tree.
Every development plan has to identify and map the on-site critical areas, show each one graphically and note the total acreage of each critical area within each lot. Significant trees are located by field survey, with notes on the diameter at four feet and the tree species. For wildlife and plant habitat, the applicant must document the presence of potential habitat on the property or on adjoining properties within 200 feet, based on written communication with the New Jersey Natural Heritage Program. The project site is marked on a USGS topographic quadrangle map and forwarded to the Natural Heritage Program.
Under § 192-31 each development is designed to protect and prevent disturbance of critical areas during construction and later use, and all efforts to preserve significant trees must be made, including site redesign and tree wells. Removal of any tree six inches in caliper or larger separately needs a tree removal permit under § 192-38(I), and that permit plan must show every tree over twenty inches in caliper and any specimen tree, meaning a unique or remarkable tree or species. Street and park trees are covered by § 181-3, which sets a policy of preserving all of them.
Violations & Fines
Section 192-31 prints no separate penalty. The general penalty in § 1-15 of the Township Code applies to violations of any chapter unless noted elsewhere: a fine up to $2,000, up to 90 days in county jail or up to 90 days of community service, with each day a separate offense. Unpermitted tree removal carries fines up to $1,000 per day under § 192-38(K), with abatement due within five days of written notice.
Frequently Asked Questions
Does East Brunswick Township protect specific tree species?
How are rare plants and animals handled?
Does this stop a homeowner from removing a tree?
What about trees along streets and in parks?
Sources & Official References
Other rules in East Brunswick
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Protected Tree Species in Nearby Cities
How other cities in this county handle protected tree species.