Do You Need a Tree Removal Permit in Toms River, NJ?

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Yes. In Toms River, a Tree Removal Permit is required before the complete removal of any tree more than four inches in diameter at breast height on a lot with a one-family or two-family dwelling. The Township’s permit fee is $75, paid to the Township of Toms River — that’s the application fee, not the cost of the removal itself. If the tree is dead, the fee is waived, but you still need the permit.

That last part is where most homeowners get it wrong. A dead tree is not exempt from the permit. It is exempt from the fee. And getting the waiver depends on something you have to do before the tree comes down, not after.

Do You Need a Permit to Remove a Dead Tree in Toms River?

Yes, and this is the rule worth reading twice.

The Township requires a permit prior to the removal of any standing tree, alive or dead. The $75 Township fee is waived for a dead tree. But the waiver is not automatic — you have to prove the tree is dead, and the Township tells you exactly how.

If clear photographic evidence that the tree is dead is not submitted with the application, the Township Planner may require a letter from a Licensed Tree Expert or Certified Arborist confirming it.

Short answer: Photograph the dead tree before anyone touches it. Clear photos get the fee waived. No photos can mean paying an arborist to write a letter about a tree that isn’t there anymore.

This is the single most avoidable expense in the whole process. Take the pictures first. Wide shot showing the whole tree, a closer shot of the trunk and bare crown, and one that makes the property recognizable. Do it before the crew arrives.

What Counts as a Tree Under the Ordinance?

More than four inches DBH. That stands for “diameter at breast height” — the width of the trunk measured roughly four and a half feet off the ground, not at the base where it flares out.

Measure at the wrong height and you will talk yourself out of a permit you need. A trunk that reads six inches at the ground can measure under four at breast height, and the reverse happens too.

The permit attaches to complete removal. Cutting a tree down is removal. Taking limbs off is not, which brings up the exemption most people are actually looking for.

When Don’t You Need a Permit?

Two real exemptions, and both are narrower than they sound.

Pruning. No permit is required for pruning that does not affect the tree’s viability. Normal tree trimming and pruning in Toms River is not a permit matter. Cutting so hard the tree dies is a different conversation, and topping a shade tree is separately restricted.

Accessory structures. No permit is required for trees removed in connection with the construction of a pool, fence, deck, patio, shed or other similar accessory structures used with a single-family dwelling — provided the Township has already issued all the necessary construction permits for that project.

Read the condition. The exemption is tied to the construction permits actually being issued. Clearing the spot before the pool permit comes through is not covered.

What About the One-Acre Exemption You Read About?

It does not apply to you. This one is worth explaining, because the Township code still contains language that says otherwise and it sends people down the wrong path.

Chapter 471 of the Township code — “The Tree Ordinance” — contains a provision exempting residential lots smaller than one acre from certain permit requirements. Most Toms River residential lots are well under an acre. Read that section on its own and you would conclude you need nothing.

Here is what that reading misses. In December 2005, the Township adopted Ordinance No. 3977-05, which added a new Article XII, Woodlands Management, to Chapter 348, the Land Use and Development Regulations. That ordinance provided that Chapter 471 stays in force only for developments approved before its enactment. For all subsequent applications, the Woodlands Management provisions supersede and supplant Chapter 471.

So the one-acre exemption governs projects approved before December 2005. It does not govern a homeowner filing today. The Township’s current published guidance reflects this: a Tree Management Plan is not required for a single-family or two-family dwelling, but a Tree Removal Permit is.

Two different documents, two different answers, and only one of them is the one the counter will apply.

How Do You Actually Apply?

1. Photograph every tree first. A photograph of each tree proposed for removal is required with the application. For a dead tree, these photos are also what gets your fee waived.
2. Measure the trunk at breast height. About four and a half feet up. Under four inches and the permit requirement doesn’t attach.
3. Download the application. The Tree Removal Permit Application and the Tree Permit Procedures are both on the Township’s Trees & Landscape page.
4. File it with Planning, Zoning and Community Development. This is the Division of Planning and Zoning, not the construction office. Sending it to the wrong window costs you a week.
5. Pay $75, or claim the dead-tree waiver. Check payable to the Township of Toms River.
6. Wait for the site inspection. The property gets looked at before a permit issues.

One thing that changes the timeline: applications requesting the removal of ten or more trees may be referred to the Township Forester for review and approval. If you are clearing a lot rather than taking down one hazard, budget for that extra step.

What About the Tree Between the Sidewalk and the Street?

It is probably your responsibility, and almost nobody expects that.

Street and shade trees planted in the public right-of-way are the responsibility of the abutting property owner, the same way the public sidewalk is. If the roots are lifting your sidewalk, you are the one who has to deal with both the tree and the slab.

That means two permits, not one:

• A Tree Removal Permit for the tree
• A Street Opening Permit from the Division of Engineering to repair or replace the sidewalk

And one more step that is not optional: JCP&L must be notified before the removal of a street tree in contact with overhead electrical lines.

If the tree in question is on Township land rather than the right-of-way strip in front of your house, that is a different office. Call the Township’s main number and ask for Public Lands, in the Division of Parks, Buildings and Grounds.

What If the Tree Already Came Down in a Storm?

Different situation, and the ordinance language reads differently too. The permit requirement is written around the removal of a standing tree. A tree lying across your driveway is not standing.

In practice, hazards get cleared. Nobody expects you to leave a trunk on your roof while paperwork moves. But “the storm took it down” is not a blanket exemption, and a partially uprooted tree still standing at an angle is very much a standing tree.

Two things to do before anything gets cut:

1. Photograph everything. The tree, the damage, the position it fell in. You will need these for the Township and almost certainly for your insurer.
2. Call the Township. One phone call to Planning and Zoning settles whether the situation needs a permit filed after the fact.

Removing trees beyond what a permit allows, or without one, can trigger fines and a compensatory replanting requirement. That is a bad outcome to discover after the chipper has left. If you’re dealing with a tree that’s already down or one that’s leaning, storm damage tree service in Toms River is where to start.

What to Ask Before You Hire Anyone

Tree work in New Jersey sits under its own credential regime, separate from home improvement contractor registration. The state licenses Tree Experts and Tree Care Operators through the New Jersey Board of Tree Experts, and the Toms River ordinance itself points at those credentials — a Licensed Tree Expert or Certified Arborist is who the Township may ask to confirm a tree is dead.

Three questions worth asking any company before you sign:

1. Are you licensed with the NJ Board of Tree Experts, and what is the number? A real credential comes with a number you can look up. A logo on a truck does not.
2. Can I see your certificate of insurance? The Township code sets minimum liability coverage for firms working on shade and park trees. Ask for the certificate, not a verbal yes.
3. Who is pulling the permit — you or me? Settle this before work is scheduled. It is the single most common source of “I thought you were handling that.”

Frequently Asked Questions

Do I need a permit if the tree is already dead?

Yes. A Tree Removal Permit is required for any standing tree, alive or dead. The $75 fee is waived for a dead tree, but the permit itself still applies. Submit clear photographs showing the tree is dead, or the Township Planner may require a letter from a Licensed Tree Expert or Certified Arborist confirming it.

How much is a tree removal permit in Toms River?

$75, payable to the Township of Toms River. The fee is waived for the removal of a dead tree. Confirm the current amount with the Division of Planning and Zoning, since fee schedules change.

Do I need a permit to trim my trees?

No. A Tree Removal Permit is not required for pruning that does not affect the tree’s viability. The permit requirement is tied to complete removal, not to trimming.

My lot is under an acre — am I exempt?

No. Chapter 471 of the Township code contains a one-acre residential exemption, but the 2005 Woodlands Management ordinance supersedes Chapter 471 for applications filed after its adoption. The Township’s current guidance requires a Tree Removal Permit for any tree over four inches DBH on a one-family or two-family lot regardless of lot size.

Do I need a permit to take down a tree for a new deck or pool?

No, provided the Township has already issued all the necessary construction permits for that project. The exemption covers trees removed in connection with the construction of a pool, fence, deck, patio, shed or similar accessory structure at a single-family dwelling. It does not cover clearing the site before those permits are issued.

Who is responsible for the tree between the sidewalk and the street?

The abutting property owner, the same as the sidewalk. Removing a street tree requires both a Tree Removal Permit and a Street Opening Permit from the Division of Engineering, and JCP&L must be notified if the tree is in contact with overhead electrical lines.

Where We Fit In

Toms River Tree Removal handles removals, stump grinding, pruning, storm cleanup and land clearing across Toms River and the surrounding Ocean County towns. Send us a photo of the tree and we’ll tell you whether you’re looking at a permit, a pruning job, or something that needs to come out this week.

Published September 2026. Permit rules and fees change. Confirm current requirements with the Toms River Division of Planning and Zoning before relying on anything here.