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Hamilton, NJ Tree Protection: Protected Tree Species (2026)

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

Key Facts

Governing section
Hamilton Code § 550-117
Designating body
Shade Tree Commission
Designation criteria
Rare species, size, foliage, or cultural value
Specimen tree removal
Prohibited without Township approval
Max fine
$2,000 per tree
Max jail/community service
90 days
STC statutory basis
N.J.S.A. 40:64-1 et seq.

Summary

Hamilton Township protects trees the Shade Tree Commission designates as "specimen" trees, including rare species or unusually large, healthy examples of a species, from removal without Township approval. The rule sits in Code § 550-117 alongside the Township's historic-tree protection and carries the same removal ban and approval requirement once a tree earns the designation.

SPECIMEN TREE: Any tree in fair or better condition which is so designated by the Shade Tree Commission based on considerations of whether the tree is a rare species or specimen thereof; is abnormal in height, trunk diameter or dripline circumference for a tree of its species; has foliage of an unusual quality for a tree of its species; occupies a location which confers special shade tree, fragrance, erosion control, aesthetic, scenic enhancement, historic, preservation or cultural values to the community. ... Trees which have been designated as specimen or historic under the provisions of § 550-117 shall be maintained in a living condition, and no person shall remove such tree. No specimen or historic tree shall be removed unless the applicant has obtained the approval of Hamilton Township.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4984352; v35 updated 2026-06-16; through 06-16-2026).

Full Breakdown

" Once the Shade Tree Commission makes that designation, § 550-117C(2)(a) applies the same protective standard used for historic trees: a specimen tree "shall be maintained in a living condition, and no person shall remove such tree," and removal requires the applicant to obtain Hamilton Township's approval. Contested removals are evaluated against the same three published references named in the chapter: Evaluation of Hazard Trees in Urban Areas, Urban Tree Risk Management, and The Guide for Plant Appraisal. A. and is separately codified at Township Code § 5-174 et seq.

Removal applications and tree preservation/removal plans for any regulated tree run through the Department of Community and Economic Development, with the Department of Public Works handling field inspections.

Violations & Fines

Removing a Shade Tree Commission-designated specimen tree without Township approval violates § 550-117O. A conviction carries a fine of up to $2,000, imprisonment for up to 90 days, or community service of up to 90 days, at the judge's discretion, and each tree cut, destroyed, or removed counts as its own separate violation.

Frequently Asked Questions

What qualifies a tree as a protected "specimen" tree in Hamilton Township?
Section 550-117B lets the Shade Tree Commission designate any tree in fair or better condition as a specimen tree if it is a rare species, abnormal in height, trunk diameter, or dripline for its species, has unusual foliage, or has special aesthetic, historic, or cultural value to the community.
Can I remove a specimen tree the Shade Tree Commission designated on my property?
No, not without Hamilton Township's approval. Section 550-117C(2)(a) states a specimen tree "shall be maintained in a living condition, and no person shall remove such tree" absent that approval, and it is evaluated the same way historic trees are.
What penalty applies for removing a protected specimen tree without approval in Hamilton?
Under § 550-117O, conviction brings a fine up to $2,000, imprisonment up to 90 days, or community service up to 90 days, with each individual tree removed or destroyed counted as a separate violation.
Who is Hamilton's Shade Tree Commission and where else is it codified?
It is a municipal body formed under N.J.S.A. 40:64-1 et seq., separately addressed at Township Code § 5-174 et seq., and it is the body responsible for designating specimen trees under § 550-117.

Sources & Official References

Other rules in Hamilton

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