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A1270
ASSEMBLY, No. 1270
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.