On May 13, the New Jersey Supreme Court settled an issue that has been troubling to the development community — whether municipalities have the authority to adopt tree removal ordinances — in N.J. Shore Builders Ass’n v. Jackson Township. A unanimous court found that the general police power invested local governments with that authority. As a result, about 200 municipalities that have adopted some form of tree ordinance may be able to breathe somewhat easier.
Developers have long suspected that there were mixed motives behind the adoption of tree preservation and replacement ordinances. These included a local desire to discourage development by making it more expensive, to prefer one form of development over others and to raise revenue without increasing local property taxes. In addition, there has been a lingering question as to whether the earmarked tree replacement revenues were being diverted to other purposes.
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