STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman MICHAEL INGANAMORT
District 24 (Morris, Sussex and Warren)
Assemblyman PAUL KANITRA
District 10 (Monmouth and Ocean)
Assemblyman ERIK PETERSON
District 23 (Hunterdon, Somerset and Warren)
Co-Sponsored by:
Assemblyman Auth, Assemblywoman Fantasia and Assemblyman DePhillips
SYNOPSIS
Prohibits DEP from requiring certain municipalities to adopt ordinance that controls tree removal and replacement.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning tree removal and replacement ordinances, and supplementing P.L.1977, c.74 (C.58:10A-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Notwithstanding the provisions of any other law, rule, or regulation to the contrary, the Department of Environmental Protection shall not require any municipality that is assigned to Tier A under N.J.A.C.7:14A-25.3 to adopt and enforce an ordinance that controls tree removal and replacement as part of the Municipal Stormwater Regulation Program.
2. This act shall take effect immediately.
STATEMENT
This bill prohibits the Department of Environmental Protection (DEP) from requiring any municipality that is assigned to Tier A under N.J.A.C.7:14A-25.3 to: adopt and enforce an ordinance that controls tree removal and replacement as part of the Municipal Stormwater Regulation Program (program).
Under the program, all municipalities are assigned either to Tier A or to Tier B as follows:
(1) an entire municipality is assigned to Tier A if that municipality: (1) is located entirely or partially within an urbanized area as determined by the 2000 Decennial Census by the Bureau of the Census or a subsequent and superseding Decennial Census, and has a population of at least 1,000 within an urbanized area as determined by that Census; (2) has a population density of at least 1,000 per square mile, and a population of at least 10,000 as determined by that Census; (3) has a stormwater sewer system discharging directly into the salt waters of Monmouth, Ocean, Atlantic, or Cape May counties; (4) requests Tier A assignment from the DEP; or (5) operates a stormwater discharge identified under N.J.A.C. 7:14A-25.2(a)4, provided that the DEP determines that such identification warrants assignment of the municipality to Tier A; and
(2) every municipality not assigned to Tier A is assigned to Tier B.
In November 2023, the DEP modified the New Jersey Pollution Discharge Elimination System (NJPDES) Tier A Municipal Stormwater General Permit to require Tier A municipalities to adopt a model ordinance governing tree removal and replacement. This bill would abrogate that provision of the general permit.