In a unanimous decision, the state Supreme Court ruled on March 13 that municipalities have the authority to charge builders and residents to replace trees they remove.  In New Jersey Shore Builders Assn. v. Township of Jackson, the Supreme Court reversed an Appellate Division ruling which found the Jackson ordinance to not be a valid exercise of the municipality’s police power.

According to the Star Ledger:

The justices said a Jackson Township ordinance was valid not only because it would “ameliorate the evils of tree-cutting” but also because it would “serve general environmental goals.”

. . . .

While towns cannot force residents to plant trees on their own property, the court found they should have control over an increase in foliage.

“Because the township obviously cannot mandate that trees be replanted on other private property, its attempt to mitigate the effects of tree loss on private property by promoting replanting, wherever it can, is rational,” said the court’s decision.

For the Star Ledger article, click here.