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

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

Key Facts

Public trees covered
Living trees of four inches or more DBH
Permission from
Director of Public Works or administrative officer
Dripline buffer
Dripline or eight feet from trunk, whichever is greater
Grade change limit
Six inches along the dripline
Mature-size test for a tree
25 feet tall, four inches DBH
Penalty
Up to $1,000 per violation or 90 days

Summary

Howell Township Code § 188-191 bars cutting, removing or destroying any tree growing in the Township without a permit unless an exemption applies. It also requires written permission from the Director of Public Works or administrative officer before anyone cuts, trims or removes a living tree of four inches or more DBH in a right-of-way. Dripline protection extends eight feet from the trunk.

D. Permission required for certain acts. No person shall do or cause to be done upon trees in any right-of-way, Township open space, public street, road or highway within the Township without first obtaining written permission from the Director of Public Works or the administrative officer any of the following acts: (1) Cut, trim, break, climb with spikes, disturb the roots or otherwise intentionally injure, misuse or spray with harmful chemicals or remove any living tree of four inches or more DBH or remove any device installed to support to protect such trees; ... F. Destruction of trees/easement markers. (1) No person shall cut, remove or destroy, or cause to destroy, any tree growing in the Township without having first obtained a permit as provided in § 188-193 or be subject to penalties as provided in § 188-204, unless the removal of the trees is in compliance with § 188-190, titled "Exemptions." ... G. Tree preservation standards. (1) No soil shall be deposited or removed within the dripline or within eight feet, whichever is greater, of any existing tree trunk.

Full Breakdown

Howell Township Code § 188-191 is the protection section of the Woodlands Management article, titled the Howell Township Tree Removal and Replacement Ordinance. The article defines a tree as a deciduous or coniferous species with a mature height of 25 feet and a mature DBH of four inches or greater, so the rules turn on tree type, mature size and where the tree stands.

Public trees come first. Under § 188-191D, nobody cuts, trims, breaks, climbs with spikes, disturbs the roots of, sprays with harmful chemicals or removes any living tree of four inches or more DBH in any right-of-way, Township open space, public street, road or highway without first obtaining written permission from the Director of Public Works or the administrative officer. Fastening a rope, wire, electrical equipment or sign to a tree, or closing or obstructing the open space at its base, needs the same permission. Brine, gas or injurious chemicals cannot touch the stem or roots of a tree or shrub on a public highway or Township property (§ 188-191B), animals cannot be hitched to trees on a public highway (§ 188-191C), and wire owners must guard trees against injury from electrical current (§ 188-191A).

Private trees need a permit. Section 188-191F(1) bars cutting, removing or destroying any tree growing in the Township without a permit under § 188-193, unless § 188-190 exempts the work. Exemptions include commercial nurseries, fruit orchards and farms, Christmas tree plantings and farms, properties devoted to silviculture, dead, dying, diseased or hazardous trees removed by the homeowner, utility line clearance, and residential home site lots of one acre or less.

Construction rules protect the trees that remain. No soil is deposited or removed within the dripline or eight feet of the trunk, whichever is greater. Grade along the dripline cannot rise or fall more than six inches without retaining methods, and guards go eight feet from the dripline around nearby trees on Township land or in public rights-of-way. An accidentally removed or severely damaged tree between 2.5 and 16 inches DBH is replaced one-by-one with trees of four-inch caliper.

Violations & Fines

A person convicted of violating the article faces a penalty of not more than $1,000 per violation, imprisonment in the county jail for no more than 90 days, or both, and each tree cut, damaged or destroyed is a separate violation (§ 188-204A). Inadequate protection of trees during construction subjects the owner and builder to a penalty (§ 188-191G(5)). The administrative officer can issue a stop-work order and summons, and the Township Council through the administrative officer can revoke a permit for a false application or noncompliance (§ 188-205).

Frequently Asked Questions

Do I need permission to prune a street tree in front of my Howell Township home?
Yes. Section 188-191D requires written permission from the Director of Public Works or the administrative officer before anyone cuts, trims or removes a living tree of four inches or more DBH in a right-of-way or public street. Under § 188-191E, a person who wants such a tree pruned or removed contacts the Director of Public Works to request the work.
Which trees are exempt from the Howell Township tree rules?
Section 188-190 exempts commercial nurseries, fruit orchards and farms, Christmas tree plantings and farms, properties devoted to silviculture, homeowner removal of dead, dying or diseased trees and trees whose angle of growth makes them a hazard, utility line clearance, approved game management, residential home site lots of one acre or less, and certain golf courses and public parks.
How close can machinery or materials be to a protected tree?
Section 188-191G(1) bars storing, depositing, cleaning or operating machinery or materials within the dripline or within eight feet of the trunk, whichever is greater. Section 188-191G(5) also bars piling building material, soil or debris, or mixing mortar or cement, within a minimum of eight feet of the dripline of a tree on Township land or in a right-of-way.
What happens if a tree is damaged by clearing and construction?
Where clearing and construction accidentally remove or severely damage a tree, § 188-191G(6) requires one-by-one replacement with four-inch caliper trees if the tree was between 2.5 and 16 inches DBH. If it was greater than 16 DBH, replacement follows § 188-194C. Debris must be removed from the lot before a certificate of occupancy issues.

Sources & Official References

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