A Sustainable Montclair Guide

November 2026

How a Tree RemovalPermit Works

One trunk measurement decides your path

Follow a tree from the first measurement to the two-year check under Montclair's draft tree ordinance. Section numbers refer to the draft posted with the November 10, 2026 Council agenda, so you can check every step.

Start here

Measure the trunk

Measure the diameter 4½ feet above the ground, on the downhill side, and drop any fraction of an inch. Trees under 6 inches need no permit.

§324-2 "Diameter at Breast Height"

6–23 in.

Average tree

or a conifer at least 20 ft tall

Apply

Application to the Township Arborist. $100 for up to two trees, $100 for each tree after that.

§324-5B

Decision

Must be granted

within 20 days of a complete application. The Arborist checks the paperwork but cannot say no.

§324-5C

Replace

6–12.99 in.1 tree or $450
13–23.99 in.2 trees or $900

Tier 1 preferred for the smaller size; at least one Tier 1 for 13 inches and up.

§324-6B

Who sees it

The owner, the Township Arborist and the contractor.

24–35 in.

Significant tree

or a conifer at least 30 ft tall

Apply

The same application and $100 fee as an average tree.

§324-5B

Decision

Must be granted

within 20 days of a complete application. The same review as an average tree.

§324-5C

Replace

24–35 in.3 trees or $1,350

A "mix of Tier 1/2." No minimum number of Tier 1 trees is set for this size.

§324-6B

Who sees it

The owner, the Township Arborist and the contractor.

Over 35 in.

Extraordinary tree

or a conifer at least 50 ft tall, or a State champion-size tree

Apply

$300 per tree. The application must address the 14 considerations in §324-5C, such as pruning, roots, drainage and heat.

§324-5B

Decision

Can be denied

The Arborist writes a report and, within 20 days, grants, denies, grants in part or asks for changes. For construction, removal needs "clear and convincing evidence" certified by the Township Engineer.

§324-5C · §324-5H(1)

Replace

Over 35 in.4 trees or $1,800

At least two must be Tier 1 large-canopy trees.

§324-6B

Who sees it

The owner, the Township Arborist and the contractor; the Township Engineer if building; the Zoning Board, then the courts, if appealed.

§324-11

Removing many trees?

The Planning Board decides

Any size goes to the Planning Board when one plan removes more than 5 trees, or 10 or more come off the same property within two years, unless another land use board is already reviewing the property. The Board can approve, approve with conditions or deny. If the property is being developed, average and significant trees must be saved through site design first.

§324-5H(2) · §324-5H(3)

Step one

Post the permit, then remove

The permit goes up at the site before the tree comes down. The contractor must be registered with the Township and must confirm the permit first.

§324-5A · §324-8

Step two

Plant, or pay instead

Plant nursery trees at least 2.5 inches thick, from the Township species list, within 12 months of removal. If planting on site isn't feasible, pay the fee within 30 days of the permit. An owner facing an unplanned removal can ask the Director of Sustainability to waive the fee with a sworn statement. Owners who choose to remove a tree can't.

§324-6A · §324-6C

Step three

Prove it was planted

Within 10 business days after planting, send the nursery receipt showing each tree's species and trunk size, dated photos and planting spots. The Arborist checks that species and size match the permit. A tree that doesn't match doesn't count.

§324-6D(2)

Step four

Keep it alive two years

If a new tree dies within two years, the owner replants at their own cost. Once the owner sends a photo at two years, the permit may be considered closed. The draft does not say who reviews that photo.

§324-6D(3)

Also

Building on the lot

No construction permit until the tree permit is issued. No final certificate of occupancy until replacement trees are planted or paid for; a temporary one can be issued meanwhile. Trees cut in the two years before a development or construction application are reviewed as if still standing.

§324-5G · §324-5K · §324-5L

Also

Dead or hazard trees

A separate path at any size. A Licensed Tree Expert and/or ISA-certified arborist certifies the tree in writing, and it owes one replacement or $450. If the tree is an imminent threat, it can come down first and the paperwork can follow within 10 business days.

§324-2 · §324-5D · §324-5E · §324-6B

Also

Skipping the permit

Up to $2,000 per tree and up to 90 days of community service, each tree a separate violation, and every permit on the property voided. Contractors face suspension. A stop-work order can come from four Township officers.

§324-9 · §324-10

Tier 1: a large canopy tree, at least 40 feet tall or 30 feet wide when grown. Tier 2: other approved species.

Invasive trees: trees on the Township's "prohibited" list need no permit and can be excused from replacement (§324-2, §324-7).

Based on the draft of Chapter 324 posted with the November 10, 2026 Council agenda. Sustainable Montclair · sustainablemontclair.org