new jersey tree law
That said the law you mentioned is not absolute. In such instances the person over whose land they spread is entitled to an action for damages against the person responsible for their presence there.
Belleville Nj
New Jersey Tree Damage Laws In New Jersey if someone damages your tree you can recover your actual damages usually what you paid for the tree or what it would cost to replace the tree.
. 1911 the New Jersey Supreme Court held that tree branches which overhang the premises of another may constitute a nuisance. The first thing you need to know is that where the roots are the rights are. Licensed Tree Expert LTE and Licensed Tree Care Operator LTCO.
The initial members of the board including the tree care operators first appointed need not be licensed until 180 days following the promulgation of initial regulations by the board to carry out the provisions of this act. The Tree Expert and Tree Care Operators Licensing Act requires businesses performing tree care work to register with the New Jersey Board of Tree Experts and to train their employees in the safe operation of equipment and the maintenance of a safe work area. This law allows the Board to identify and communicate directly to all companies doing tree care work.
This is based on hundreds of years of common law. 609 984-0378 January 2002 Revised July 2003 September 2007. Thereafter the members of the board subsequently appointed shall be licensed before appointment.
However one must remember that if he chooses self help. Debris that is removed must be staged transported recycled andor disposed of in accordance with appropriate solid waste and recycling regulations. However a New Jersey court might find a fence to be unlawful if it doesnt comply with local zoning and building ordinances.
FORESTATION PROGRAM OF THE NEW JERSEY STATE. New Jersey also differs from other states in that it doesnt have laws addressing spite fences put up by a property owner for no legitimate purpose other than to harass a neighbor. For regulatory history and effective dates see the New Jersey Administrative Code.
The court recognized that the Restatement Second of Torts draws a distinction between nuisances resulting from artificial and natural conditions. New Jersey Forest Service PO Box 404 501 East State Street Trenton NJ 08625 Telephone. If a branch falls by an act of God then there is no liability on the owner of the property from whose property the tree or branch fell.
So if you had a tree whos limbs hung over your neighbors property they in most cases would also be responsible to trim any limbs that they were concerned with or bothered by. It pertains to the new law being put in place in New Jersey that states you must be a certified new jersey tree expert an extensive exam must be taken to become one or. The purchase of a this license plate helps fund New Jerseys Shade Tree and Community Forest Program.
In the state of New Jersey municipal laws are getting stricter on the rights to cut down private property trees. The act creates two new license categories for people doing tree work in the state of New Jersey. Proceeds from the sale of these beautiful plates will fund tree planting projects improve wildlife habitats promote clean air and water reduce energy costs fund hometown beautification projects and educate the citizens on the importance of trees forests and their role in the.
It requires that at least one person from each company doing tree work in New Jersey be licensed. People have until June 16 2017 to comply with the new regulations. Private property owners are encouraged to first contact their municipality to see if a plan for debris removal has been implemented.
Courts also recognized the common law right of self help the cutting off of the overhanging branches up to the property line but no further. Ellis 81 NJL. The board shall consist of nine members including the Commissioner of the Department of Environmental Protection or the commissioners designee who shall serve ex officio and eight members appointed by the.
Currently you need a city permit in order to have a tree cut down. 73-14 Submissions and communications. If the trunk is in your neighbors yard but the branches extend onto your property the law of overhanging branches typically allows you to trim the tree.
If an owner of a tree knows that the tree is diseased or dying they have a duty to ensure that it does. 73-15 through 73-16 Reserved SUBCHAPTER 2. C4515C-13 New Jersey Board of Tree Experts.
Permits for tree removal can be obtained at your city hall or municipalities building. Must have at least one employee who is licensed. There are decisions in New Jersey that are nearly one hundred 100 years old which describe overhanging tree branches as a nuisance for which an action for damages lies.
To learn what you must prove in order to get actual damages see Nolos article When a Neighbor Damages or Destroys Your Tree. The new law repeals the Tree Expert Act of 1940 and creates two new licensing titles. Selected as best answer Posted on May 1 2011 New Jersey follows the Massachusetts Rule.
In other words if a tree trunk is partly on your property that means you are a part owner of the tree. This thread has risen and taken form from one of my previous questions in the business section numbers make my head hurt. There is established in the Department of Environmental Protection the New Jersey Board of Tree Experts.
Every company performing tree work in NJ. Licensed tree care operator LTCO and licensed tree expert LTE. Removal of trees and tree limbs does not require a DLRP permit.
The Appellate Division noted that when analyzing nuisance claims involving vegetation and trees New Jersey courts are guided by the principles set forth in the Restatement Second of Torts. Department of Environmental Protection Division of Parks and Forestry NJ Forest Service Table of Contents Guidelines for an Approved Reforestation Plan Caliper Tree Substitution Size.
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