Do you need a permit?
Yes — a permit is required
Toms River requires a tree removal permit to take down a live tree larger than 4 inches DBH on a residential lot, even for the continued use of an existing house. The permit is a short-form application, no tree management plan, and the fee is $75. There are real exemptions worth checking first: trees of 4 inches DBH or less, dead or dying or storm-damaged trees, and trees removed to build a pool, deck, patio, shed or fence with permits in hand.
Size threshold
Exempt: "The removal of any tree with a DBH of four inches or less on a lot containing an existing single-family or two-family residential dwelling." Trees above that size on a residential lot go through § 348-12.5.
What's protected in Toms River
- Landmark trees, generally any tree with a DBH of 16 inches or greater or of unique scientific, historic, cultural or ecological value, designated by the Township Forester and the Landmark Tree Committee
- Trees in a threatened or endangered species habitat, conservation area, environmentally sensitive area, wetland or designated buffer
- Trees a previously approved site plan or subdivision required for screening or buffering
How to apply in Toms River
- 1
Check the exemptions in § 348-12.4 first. Trees of 4 inches DBH or less on a lot with an existing one- or two-family dwelling are exempt, as are verifiably dead, dying, diseased or severely storm-damaged trees removed by the homeowner.
- 2
If you need a permit, apply for a tree removal permit and provide the street address with tax block and lot, the names, addresses and phone numbers of all owners, and the total acreage of the tract.
- 3
List the number of trees with a DBH greater than four inches to be removed.
- 4
Attach a survey of the property annotated to show the limits of clearing or the location of the trees to be removed.
- 5
Pay the $75 application fee under § 348-12.14A.
- 6
The Township Forester reviews the permit and approves it if the trees are not in a protected habitat, conservation area, wetland or buffer, were not required by a prior approval, and the removal will not cause excessive runoff, soil instability or erosion, or harm a landmark tree.
Fees, penalties, and the ordinance
- Fee
- $75 for each tree removal permit under § 348-12.5, the residential short form. $100 where a tree removal permit and tree management plan approval are both sought under § 348-12.7A.
- Penalties
- Each tree damaged, removed or destroyed is a separate and distinct violation. For violations on an existing and improved single-family or two-family residential lot, the penalty is up to $100 for a first offense and up to $500 for each subsequent offense. For all other violations, up to $1,000 per violation or up to 30 days community service for a first offense, and $1,250 plus up to 90 days community service or imprisonment for later offenses.
- Ordinance
- Code of the Township of Toms River, Chapter 348, Land Use and Development Regulations, Article XII, Woodlands Management (added by Ord. No. 3977-05; replacement schedule amended 12-14-2021 by Ord. No. 4720-21). Chapter 471, Trees, remains in force only for developments approved before Ord. No. 3977-05.
Worth knowing
- The exemption for accessory structures at § 348-12.4I covers "trees removed in connection with the construction of a pool, fence, deck, patio, shed or other similar accessory structures used in connection with a single-family residential dwelling and for which all necessary construction permits have been duly issued."
- A homeowner may also remove, without a permit, trees whose growth habit or architecture make them obviously at risk, and may prune trees in a way that does not affect the viability of the tree.
- Replacement under § 348-12.9 is percentage-based for trees 4 to under 8 inches DBH. Trees 8 to under 16 inches require 2 replacement trees each. Trees 16 inches and up require 4 to 11 replacement trees depending on size. Replacement trees are a minimum 2.5 inch caliper and are warranted by the applicant for 24 months.
- For unimproved homestead lots, at least 25 percent of existing tree basal area must be preserved for the first acre and at least 50 percent for the portion above one acre. On homestead lots of three acres or more you may clear up to half an acre for the home site.
- The older Chapter 471, "The Tree Ordinance," also sets a permit requirement, defines a tree as any deciduous trunk over 3 inches DBH, coniferous over 4 inches, or dogwood or American holly of 1 inch or more, and exempts building lots of one acre or less that are not part of a major subdivision, provided 15 percent of trees and shrubs remain. Chapter 348 Article XII supersedes it for applications after Ord. No. 3977-05.
- The Division of Parks, Buildings and Grounds, where the Conservation Officer sits, can be reached at 732-341-1000 ext. 8424.
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.
- — Whether Toms River has separately adopted an NJDEP model tree removal and replacement ordinance under its MS4 stormwater permit.
- — Whether the township publishes a downloadable tree removal permit application form.