Do you need a permit?
It depends on the tree
Hamilton Township in Mercer County rewrote its tree rules in December 2025. Written township approval is now required to remove any tree of 4 inches DBH or more, or any ornamental or evergreen 6 feet or taller. Homeowners get one important break: if you take out four trees or fewer per acre in a five-year period you are exempt from the approval and the fee, but you still have to notify the Department of Community and Economic Development so the township can track it.
Size threshold
"No person shall remove or cause to remove trees with a DBH of four inches or more or an ornamental or evergreen tree with a height of six feet or more without first having obtained written approval from the Township as provided herein, except as noted in Subsection D(1)(l) below."
What's protected in Hamilton
- Specimen trees, designated by the Shade Tree Commission for rarity, abnormal size, unusual foliage or special location value
- Historic trees, designated in the official records of the township for age, type, size or historic association
- Street trees in the sidewalk, planting strip or public right-of-way, including islands and medians
How to apply in Hamilton
- 1
Count what you are removing. If you are a resident taking out four trees or fewer per acre within a five-year period, you are exempt from approval and the fee, but you must notify the Department of Community and Economic Development so the township can record the number and category.
- 2
If you need approval, file a written request with the township and pay any required fees. No approval is issued until any required tree preservation and removal plan has been reviewed and approved.
- 3
Provide the street address with block and lot, the owner name and phone number, the occupant name and phone number if applicable, and the total acreage of the tract.
- 4
Identify each tree of four inches or greater to be cut, removed or damaged, noting species, size and general health condition, on a survey, plot plan or scaled hand drawing.
- 5
State the reason for removal and identify any tree professional involved.
- 6
The township inspects within 30 days of a complete request and approves or denies within 10 business days after the inspection, in writing.
- 7
If denied, appeal to the Hamilton Township Board of Adjustment within 10 days of receipt of the denial notice.
Fees, penalties, and the ordinance
- Penalties
- A fine of up to $2,000, or imprisonment for up to 90 days, or community service for up to 90 days, at the judge's discretion. The cutting, destruction or removal of each tree is a separate violation.
- Ordinance
- Code of the Township of Hamilton (Mercer County), Chapter 550, Land Development, Article IV, § 550-117, Tree removal and replacement (amended 12-2-2025 by Ord. No. 25-025). Chapter 477, Trees and Shrubs, separately governs trees on public property.
Worth knowing
- Residential replacement schedule under § 550-117I: 4 to 10 inch caliper, 1 tree of 1.75 to 2 inch caliper replanted on the same property or a $400 fee; 10 to 16 inches, 2 trees or $400 per tree; 16 to 23 inches, 3 trees; 23 to 30 inches, 4 trees; greater than 30 inches, 5 trees. Residential replacements must be planted within one year with a one-year nursery warranty.
- Other exemptions include invasive tree species, any tree under 4 inches DBH, hazard trees, silviculture under an approved plan on file, active commercial nurseries, tree farms, garden centers, Christmas tree farms and orchards, BPU-regulated power line clearance, declared federal, state or township emergencies, trees removed during repair or replacement of a septic system or domestic water supply, Right to Farm operations, and government-run parks, recreation and open space.
- Section 550-117 was written in part to satisfy the state's MS4 Tier A stormwater permit, which is why the thresholds and exemptions follow the NJDEP model.
- Chapter 477 separately requires a written permit from the Department of Public Works before cutting, trimming, spraying, planting or removing any tree or shrub within a highway or public place under township jurisdiction.
- The township FAQ states that curbside trees, meaning trees between the curb and sidewalk, are the homeowner's responsibility to maintain, and that a permission letter is required to remove a curbside tree. Call HAMStat at 609-586-0311 to request that letter. That FAQ predates the December 2025 amendment, so confirm against § 550-117.
- Other useful numbers: Zoning Enforcement 609-890-3634, Engineering 609-890-3636, Public Works and HAMStat 609-586-0311.
What we could not confirm
We would rather tell you what we don't know than guess. Call the office below to confirm these before you cut.
- — The dollar amount of the tree removal application fee. Section 550-117E(1) says fees are "set forth Subsection I herein," but Subsection I contains the tree replacement schedule rather than an application fee table. The ordinance does confirm the removal and permit fee is waived for residents under the four-trees-per-acre exemption.
- — A dedicated phone line or online form for tree removal approvals. The number above is the Land Use line within Community and Economic Development.
Sources
- Code of the Township of Hamilton (Mercer County), NJ, § 550-117, Tree removal and replacement (eCode360, the township's official code publisher)
- Code of the Township of Hamilton (Mercer County), NJ, Chapter 477, Trees and Shrubs (eCode360)
- Township of Hamilton, Staff Directory
- Township of Hamilton, FAQs, Trees, Curbside and Township Property