Advocacy

In 2020, the Native Plant Society of New Jersey instituted an advocacy committee. Our goal is to work with our state and federal legislators to promote a better environment, focusing on protecting native flora and encouraging their sale and cultivation, encouraging pollinators, and preventing the spread of invasive species. Some examples of the bills we have supported include A3677/S2186, a state bill that prohibits sale, distribution, or propagation of certain invasive plant species without a permit for the Department of Agriculture and the bipartisan federal Recovering America’s Wildlife Act (S1149) which aims to protect and restore both native wildlife and plants nationwide.

Because advocacy changes frequently, a static page makes no sense here so this page consists of the latest news from the advocacy committee.

Advocacy Alert: Check Your Town’s Tree Removal and Replacement Ordinance

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The Advocacy Committee of the Native Plant Society of New Jersey (NPSNJ) has learned of an important issue that has been receiving little public attention.

What’s Happening

New Jersey towns are now required to pass ordinances governing tree removal and replacement per municipal stormwater permits (MS4).

Guidance is being relayed via a model ordinance developed by the DEP, but this guidance doesn’t address the use of natives rather than non-natives, exotics or invasives, nor how to develop a sufficiently broad list of allowed replacement species.

The Context: New DEP Requirements

The New Jersey Department of Environmental Protection (NJDEP) instituted a new requirement in November 2022 that all NJ municipalities adopt and enforce a community-wide ordinance covering tree removal and replacement, if they didn’t already have an ordinance that met the requirements. This rule is part of NJDEP’s efforts to manage stormwater runoff, particularly in the face of climate change. The tree ordinance is required as part of the permitting process for the discharge of stormwater from municipal storm sewers.

To assist municipalities in this process, the NJDEP issued a model tree replacement/removal ordinance, which is available on the NJDEP website. Unlike some of the other model ordinances, the model tree removal and replacement ordinance developed by the NJDEP is not required to be adopted as is. It was provided as a template that municipalities could use to meet the requirements of the permit. Municipalities can develop their own ordinance or use/update existing tree ordinance to meet the permit requirements.

The essence of these ordinances is that anyone who wants to remove a tree, even from private property, must replace it with a tree of a similar trunk diameter or multiple smaller trees. (The ordinance includes a locally developed list of replacement trees as Appendix A.)

The Unintended Consequences: Ordinances That Limit Tree Species

Each municipality must include this appendix listing trees that are acceptable as replacement trees, or at a minimum listing trees that are not acceptable. Lacking sufficient knowledge about ecology, many municipalities are developing extremely short lists of acceptable trees—often as few as a dozen—that do not allow for broad biodiversity and may even include trees that are not suitable for the ecoregion. In some cases the lists include exotic and invasive species.

The New Jersey Association of Planning & Zoning Administrators (NJAPZA) is providing additional information via a webinar series for planners and others who are assisting in the preparation of these ordinances. In these sessions discussion encourages biodiversity, but also focuses on non-native species often considered better at surviving urban/roadway (street tree) environments.

We thus encourage members of NPSNJ to check their municipalities’ tree removal and replacement ordinances, looking for the following concerns:

  • Narrow lists of approved replacement trees. Is the list of approved replacement trees (which normally appears in an appendix) broad and inclusive enough? Does it represent the diversity of tree species that are native to your area? Does it include species for different conditions within the municipality, such as upland areas, flood zones, swampland, or dunes? Does it include exotic or invasive species that should not be allowed?
  • Considerations to allow removal of invasive species. The model ordinance regulates the removal of all trees. Does your town’s ordinance have any special consideration for removing invasive species of trees? One simple solution is for the ordinance to allow for invasive species to be removed, without restriction.
  • Size considerations for planting tap-rooted replacement trees. The ordinances will require that removed trees be replaced with trees of a similar caliper or by multiple trees of smaller caliper. However, many oaks, and other trees that grow a tap root, will be healthier and grow faster if they are planted when very small. Exceptions should be made to allow for the size of replacement trees to be small when planting tap-rooted trees. Consideration could also be given to providing credit for trees planted during a period of time prior to removal in anticipation of future tree loss.

If your town’s tree removal and replacement ordinance is lacking, we encourage you to contact your local officials to ask them to amend it.

Listed below are resources to help identify appropriate trees for your municipality or ecoregion:

The due date for towns to adopt these ordinances was recently extended to May 1, 2024. Many towns have already completed the process, but ordinances can be amended at any time. And of course, if your town has not yet finalized its ordinance, you can provide input to help them get it right the first time.

Learn more! The New Jersey Association of Planning & Zoning Administrators (NJAPZA) has organized a series of three free webinars on the tree ordinances. The recordings of session one can be found here:

Session One recording (password: Session#1)

Session Two recording (password: Session#2)

Governor Murphy Vetoes A3677, NJ’s Invasive Species Bill

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We have a disappointing update to A3677, the NJ Bill to prohibit the sale and traffic of invasive species. Governor Phil Murphy has vetoed it under the rationale that the Department of Environmental Protection needs to be more involved in the drafting of the bill. For a bill of such critical importance to our state’s ecology, it is surprising that Murphy and the DEP did not work more closely with the Assembly and Senate and instead punted the work back to them for another year. Although an override is possible, as the bill had unanimous and bipartisan support in both houses, it is unlikely given the late date We will be advocating to send the bill back in front of both houses when the new session starts. Read his statement here.

2023 Advocacy Update and Call to Action on Invasives

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Happy New Year!

The Advocacy Committee of the Native Plant Society of New Jersey is excited to report on our progress in 2023 to protect the native plants of New Jersey and to look ahead to new legislation. Your participation, by contacting the governor and legislators, will make a difference.

Bill to Ban Invasives – Finally on the Governor’s Desk

For the last two years, we have been working to pass New Jersey Bill A3677/S2186. This bill aims to prohibit the sale, distribution, or propagation of certain invasive plant species and establishes the NJ Invasive Species Council. It’s a crucial step toward controlling invasive species and protecting our native plant ecosystems. In the spring of 2022, we pushed to move this bill forward when few had faith in it. In December 2022, our committee co-chair Laura Bush testified about it before the NJ Senate Environment and Energy Committee and again before the Assembly Agriculture and Food Security Committee in May 2023. The bill finally passed both houses with unanimous support last week and now we are delighted to announce that it is on Governor Murphy’s desk. Even though this bill had bipartisan support in both houses, this does not mean the governor is certain to sign it. Please reach out to the governor via the governor’s website (https://nj.gov/governor/contact/all/), leave a voice mail at 1-609-292-6000 or send a text message to 1-732-605-5455 and encourage him to sign it. Letters are usually better, but there is no time!

New Jersey’s State Native Pollinator

A2994/S4229, which designates the Common Eastern Bumble Bee as New Jersey’s State Native Pollinator, is another bill we are closely following. This designation underscores the importance of pollinators in maintaining the health of our ecosystems and the crucial role native plants play in supporting these species by declaring the Eastern Bumble Bee as our state pollinator. Such laws play more than a symbolic role as they encourage people to learn more about our native plants and insects and their interplay. A note to encourage your state representatives to get this bill to the floor of both houses may help make it a reality. Find your state representative and senator here.

Mikie Sherrill Bill to Promote Federal Use of Native Plants

At the federal level, HR 6832, introduced by Representative Mikie Sherrill of NJ-11, aims to prioritize and consider the use of native plants in federal projects. This bill represents a significant effort to integrate native plants into larger conservation and landscaping initiatives at a national level. Do write your House Representative and Senators Booker and Menendez to encourage them to co-sponsor this bill. Find your U. S. senators or Members of Congress here.

We continue to track other bills as they are introduced and gain support at both state and national levels.

Finally, as we look forward to the new year, we remind you to renew your NPSNJ membership if you have not already. Your continued participation is essential for the advancement of our initiatives and the fulfillment of our mission. Together, we can continue to make a significant impact on the conservation and appreciation of New Jersey’s native plants.

Thank you once again for your dedication and support. We are excited to embark on another year of meaningful work in the preservation and celebration of New Jersey’s native plant heritage.

Sincerely,

The Advocacy Committee of the

Native Plant Society of New Jersey

URGENT ADVOCACY ALERT: NJ ASSEMBLY VOTE ON INVASIVE SPECIES BILL 5/25/23

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Update: this bill passed the Assembly on a vote of (74-0-0).

We just learned that the New Jersey Assembly is scheduled to vote this Thursday, May 25 on a bill to ban the sale of invasive species in our state. A NJ Senate vote should follow in the coming weeks. We have a real chance of banning the sale of invasive species in our state.

Please ask your NJ Assembly and Senate representatives to vote YES on bill S2186/A3677, which would regulate the sale of invasive plant species and establish an Invasive Species Council that will develop an invasive species management strategy.

Background:

Last December, NPSNJ endorsed a New Jersey Forest Stewardship Task Force Invasives Species Subgroup proposal to strengthen the original version of this bill, and the NJ Senate Environment and Energy Committee advanced the bill out of committee with amendments, including to reinstate the NJ Invasive Species Council. But the revised text of the bill still did not address key concerns.

Since then, the Invasives Subcommittee and collaborating stakeholders—including the NJ Nursery and Landscaping Association (NJNLA) and the NJ Farm Bureau—have achieved agreement to request further amendments to:

  1. Expand the strategic intent to include all invasive taxa, not only plants
  2. Clarify the role and functioning of the Invasive Species Council
  3. Include a clear role for the NJ Department of Environmental Protection (in addition to the NJ Department of Agriculture, already named in the bill), for implementation and enforcement
  4. Seek a clearer process to regularly add to the initial list of banned species—so that emerging species can be addressed.
  5. Include regulatory exemptions for specific non-invasive cultivars of certain regulated plant species.

Politics involves compromise and negotiation and while many of our members may be unhappy with #5, this is a compromise that was worked out with NJNLA. 

Please let your legislators know that you support this bill. Spread the word! Share this message with your friends, family, and social networks, encouraging them to join our cause.

Find your representatives for your district here: https://www.njleg.state.nj.us/district-map

You can personalize the following text to email your representatives, although it’s even more effective to call them, write them a postcard, or write them an e-mail you have crafted yourself

Dear [Senator/Representative’s Name],

I am a constituent and urge you to vote “Yes” to enact S2186/A3677 that “Prohibits purchase, sale, distribution, import, export, or propagation of certain invasive species without permit from Department of Agriculture or Department of Environmental Protection; establishes NJ Invasive Species Council.”

Invasive species are considered the second greatest threat to biodiversity after outright habitat destruction. New Jersey has been severely impacted by a wide variety of invasive species causing harm to agricultural, forest and natural lands, leading to economic and ecological losses.

Enactment of this legislation will make New Jersey the 46th state to regulate invasive plants and establish a permanent council of qualified and experienced stakeholders to evaluate, develop strategy, and make management recommendations to manage the serious and growing threat of invasive species of all kinds more effectively and efficiently.

This law will be effective, efficient, flexible, and fair. It incorporates amendments developed by the New Jersey Forest Task Force (co-chaired by NJ Audubon, the NJ Conservation Foundation, NJ Sierra Club, and the NJ Forestry Association) in collaboration with the New Jersey Nursery and Landscape Association and the New Jersey Farm Bureau, in consultation with NJDEP, NJDA, and the NJ Board of Agriculture. 

More than 40 conservation organizations across all of New Jersey cosigned a May 15, 2023, request to legislative leaders and bill sponsors to move this forward.

Thank you for your consideration and action,

[Your signature]

NPSNJ Supports the Bipartisan Recovering America’s Wildlife Act (US Senate 1149)

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Piping Plovers, from Robert Havell, The Birds of America, 1840

Dear Members and Friends of the Native Plant Society of New Jersey,

The bipartisan Recovering America’s Wildlife Act (S.1149) is before Congress again. In 2022, it passed the House 231-190, but didn’t make it through the Senate due to disagreements about funding. As a rare bill with bipartisan support, it has a real possibility of passing both houses this year, but we need your help to ensure its passage. This transformative bill, widely considered the biggest piece of environmental legislation since the Endangered Species Act of 1973, aims to protect and restore both native wildlife and plants, with a particular focus on those of greatest conservation need, including endangered or threatened species.

We need your help to make this vision a reality on this go around. 

Contact your Senators and urge them to support the Recovering America’s Wildlife Act of 2022. Find their contact information here: https://www.senate.gov/senators/senators-contact.htm.

Contact your House Representative and ask them to support this bill Find Your Members in the U.S. Congress | Congress.gov | Library of Congress. Be sure to thank them if they supported it on the first go around (you can see their vote here: https://clerk.house.gov/Votes/2022262).  

Spread the word! Share this message with your friends, family, and social networks, encouraging them to join our cause and contact their Senators.

You can personalize the following text to email your representatives, although it’s even more effective to call them, write them a postcard, or write them an e-mail you have crafted yourself.

Dear [Senator/Representative’s Name],

I am a constituent and urge your support for the bipartisan Recovering America’s Wildlife Act (S.1149). 

This transformative bill, considered the biggest piece of environmental legislation since the Endangered Species Act of 1973, aims to protect and restore both native wildlife and plants, with a particular focus on those of greatest conservation need, including endangered or threatened species.

The legislation will provide significant funding for states, territories, and tribal nations to develop and implement conservation and restoration programs. By supporting innovative recovery efforts, we can protect the native plants that serve as the foundation for our state’s diverse ecosystems, ensuring their survival for future generations.

The Recovering America’s Wildlife Act is a game-changer for both the country and New Jersey’s native plants and the countless species that depend on them. With its passage we can expect up to $1.4 billion of funding annually for:

Improved habitats for native plants, promoting biodiversity and supporting the intricate relationships between plants, pollinators, and other wildlife.

Increased populations of endangered or threatened plant species, securing their future in our state and contributing to the overall health of our ecosystems.

Greater collaboration among state agencies, tribal nations, and nonprofit organizations, fostering a unified approach to conservation and restoration efforts.

A vast number of organizations support this bill (according to the Senate summary of the bill, over 1,500 organizations and 60 Tribes support it), including the National Wildlife Federation, the Nature Conservancy, the Wildlife Society, the National Audubon Society, Ducks Unlimited, Sierra Club, and the American Fisheries Society. 

This bill is in the best interest of not only NJ but the whole country. I hope you will agree and take action to ensure it passes.

Best regards,

[Your name]

NPSNJ Advocacy Alert: Warm up those Streetlights

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The New Jersey Board of Public Utilities is seeking public comments (see the request here: https://publicaccess.bpu.state.nj.us/DocumentHandler.ashx?document_id=1294000) by March 29 on PSE&G replacing streetlights to LEDs. In principle, this is good as it reduces energy use and thus mitigates climate change.

The Native Plant Society of New Jersey is concerned about the color temperature of the proposed LED lights and requests that future installations of LED street lights have temperatures of 3000K or lower.

Existing Sodium-vapor street lights have a temperature of around 2200K whereas new LED street lights are around 4000K, a “cooler” temperature much closer to daylight. There is scientific evidence that this is bad for pollinators, for example, https://www.science.org/doi/10.1126/sciadv.abi8322, which in turn will be bad for native plants. Although the direct impact of these cooler color temperatures on nearby plant life is under-researched, evidence suggests that there are adverse effects from street lights on plants, which need darkness to anticipate the seasons, for example, to anticipate that fall and winter are coming and that it is time to lose their leaves and cooler lights, which are closer to “daylight” temperatures are more likely to impact this process. The American Medical Association also notes the disruption cooler temperature LEDs have on human health: https://policysearch.ama-assn.org/councilreports/downloadreport?uri=/councilreports/a16_csaph2.pdf.             

You can make comments at this page. Select the comments tab: https://publicaccess.bpu.state.nj.us/CaseSummary.aspx?case_id=2111607

September 2022 Advocacy Update

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Two bills currently before the state legislature have the potential for greatly impacting New Jersey’s environment. We at the Advocacy Committee as well as the Board of Directors of the Native Plant Society of New Jersey are asking for your support. Please write your legislators and let them know that it is important that these bills get heard in committee, voted on, and passed. 

Find your state representative and senator (here). It is best to write them, but you can also call and talk to someone at these offices. 

A3677/S2186: Prohibits Sale, Distribution, or Propagation of Certain Invasive Plant Species Without Permit From Department of Agriculture.

A bill has been introduced in the New Jersey legislature to ban the sale, distribution, or propagation of certain invasive species of plants. We critically need such legislation. We are only one of two states in the nation (along with Rhode Island) that does not have any such ban. The bill is by no means perfect, but it is good, an improvement over bills that were proposed in legislature in the past, and it allows for the addition of more species over time. (The provision that allows a permit allows research to be conducted on the invasive species; it doesn’t mean nurseries will have an easy pathway to selling invasives.) 

Coupled with our work with the Department of Agriculture to help with the Jersey Natives initiative, we believe that we can help the nursery trade move away from plants bad for our environment toward plants that are good for the environment and that belong in Jersey. 

You can read the full text here: 

https://www.njleg.state.nj.us/bill-search/2022/S2186

Key points to make when contacting your legislators about invasive species:

  • Invasive plant species are a serious environmental problem in New Jersey. These aggressive plants do not stay in the gardens where they are planted; their seeds spread into surrounding fields and woods, where they outcompete and crowd out native species.
  • Native plant species co-evolved, over millions of years, with local fauna. Many insects will only feed on very specific native species of plants; without the presence of those plants, the insects cannot reproduce. Monarch butterfly caterpillars, which can only feed on the milkweed plant, are the most famous example of this tight connection between native plants and native insects.
  • When we lose local insects, we also birds. Although adult birds may feed on seeds and other food sources, approximately 90% of bird species feed only insects to their young. No insects, no birds. The population of North American birds has dropped nearly 30% since 1970, according to data from the Cornell Lab of Ornithology.
  • New Jersey is only one of two states in the nation (along with Rhode Island) that does not have any such ban on invasive species.

A4468/S2956: Designates and Preserves Caven Point Peninsula in Liberty State Park as Natural Habitat.

Native plant enthusiasts and friends of the environment were dealt a blow when A4264/S2807, the “Liberty State Park Conservation, Recreation, and Community Inclusion Act,” was passed and signed by the Governor at the end of June, allowing commercial development of Liberty State Park in Jersey City. But we still have a chance to save Caven Point Natural Area. Senator Brian P. Stack introduced A4264/S2807 to preserve Caven Point as natural habitat and the bill passed the Senate Judiciary Committee. It is essential that we preserve this critical habitat along the Atlantic flyway for 120 species of resident and migratory birds, the largest uninterrupted stretch of natural waterfront between the Verrazano and George Washington Bridges. Please contact both your state representatives and state senator and ask them to work to advance this bill. You can read news stories about this bill at the Jersey Journal and the New Jersey Monitor.

You can read the full text here:

https://www.njleg.state.nj.us/bill-search/2022/S2956295

Please mark your calendar Saturday, Oct. 1 at 10am for the Friends of Liberty State Park walk to Caven Point on its opening day of the season, to support the Caven Point protection bill. For those who cannot make that date, the Hudson chapter of the NPSNJ is organizing a smaller group walk through Caven Point on Sunday, Oct. 2 at 10am. If anyone is interested they can email .

There is more information about Caven Point including a fact sheet, slide show, video, news stories, etc. at Friends of Liberty State Park, www.folsp.org.

Key points to make when contacting your legislators about Caven Point:

  • The 22-acre Caven Point area within Liberty State Park is one of the last undisturbed natural estuaries in the New York City area. It is home to over 250 species of birds and provides an important stopover during migration.
  • The Caven Point nature trails and wetlands are a living classroom for ecology and biology education—especially for urban youth. Caven Point is a destination for field trips for local urban grade schools and high schools, as well as colleges. It is invaluable for providing knowledge of migration, conservation, endangered species, and other environmental issues to students in underserved communities students from Jersey City and beyond who have long been excluded from both access to nature as well as to pursuing ecology studies.
  • The protection of Caven Point is particularly critical following the passage in June of A4264/S2807, the “Liberty State Park Conservation, Recreation, and Community Inclusion Act,” which will lead to increased development of the park. There is currently nothing that prevents the development of this critical natural area – or that prevents it from becoming the last three holes that billionaire Paul Fireman has been coveting for his Liberty National Golf Club, which borders Liberty State Park.

Help Save Caven Point Peninsula

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A4468/S2956: Designates and preserves Caven Point Peninsula in Liberty State Park as Natural Habitat.

Native plant enthusiasts and friends of the environment were dealt a blow when A4264/S2807, the “Liberty State Park Conservation, Recreation, and Community Inclusion Act,” was passed and signed by the Governor, allowing commercial development of Liberty State Park but we still have a chance to save Caven Point Natural Area. Senator Brian P. Stack introduced A4264/S2807 as natural habitat and the bill passed the Senate Judiciary Committee. It is essential that we preserve this critical habitat along the Atlantic flyway for 120 species of resident and migratory birds, the largest uninterrupted stretch of natural waterfront between the Verrazano and George Washington Bridges. Please contact both your state representative and state senator and ask them to work to advance this bill. You can read news stories about this bill at the Jersey Journal and the New Jersey Monitor.

Find your state representative and senator here.

Please mark your calendar Saturday, Oct. 1 at 10am for the Friends of Liberty State Park walk to Caven Point on its opening day of the season, to support the Caven Point protection bill.

There is more information about Caven Point including a fact sheet, slide show, video, news stories, etc. at Friends of Liberty State Park, www.folsp.org.