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East Brunswick, NJ Tree Protection: Protected Tree Species (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 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?
Section 192-31 does not name species. It defines significant trees as the largest known individual trees of each species in New Jersey as listed by the NJDEP Bureau of Forestry, plus large trees that are 90% or more of the diameter of the known largest tree. Those trees must be preserved as undeveloped open space in all developments.
How are rare plants and animals handled?
Habitats of rare, threatened or endangered vegetation and wildlife species on federal or state lists are critical areas to be preserved. The applicant documents potential habitat on the property and adjoining properties within 200 feet through written communication with the New Jersey Natural Heritage Program, with the site marked on a USGS topographic quadrangle map.
Does this stop a homeowner from removing a tree?
Section 192-31 governs development plans, but § 192-38(I) separately requires a tree removal permit from the Director of Planning and Engineering for any tree of six inches in caliper or larger. A removal plan must flag trees over twenty inches in caliper and any specimen tree, meaning a unique or remarkable tree or species.
What about trees along streets and in parks?
Chapter 181 treats them separately. Section 181-3 sets the Township's policy to maintain and preserve all existing street trees and park trees, and removal is allowed only upon an Act of God or the consensus of Division of Parks personnel. Section 181-6(E) bars property owners from planting street trees in the Township right-of-way.

Sources & Official References

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