Understanding the Garden State’s New Law: NJ Invasive Species Management Act

New Jersey recently enacted comprehensive legislation aimed at addressing the ecological and economic impacts of invasive plant species across the state. Signed into law on January 20, 2026, by Governor Phil Murphy on his final day in office, the New Jersey Invasive Species Management Act (S1029/A4137) establishes a permanent, statewide framework governing how designated invasive plant species may be grown and sold.

The new law reflects more than two decades of deliberation and planning among policymakers, scientists, land managers, agricultural interests, and environmental organizations, and brings New Jersey into closer alignment with neighboring states that have already adopted invasive species regulations. Implementation will unfold over several years through agency rulemaking, appointment of the New Jersey Invasive Species Council, and the phased evaluation and designation of regulated species. As these elements take shape, the law establishes a durable, science‑based framework for managing invasive plants, one that allows for adaptation as new research emerges and ecological conditions change.

This blog outlines the core components of the NJ Invasive Species Management Act, explains how implementation will unfold, and explores what the law may mean for land managers, nurseries, municipalities, and others across the state.

Why was a Statewide Policy Enacted?

Invasive plant species are widely recognized as a major driver of ecosystem degradation. Once established, they can outcompete native vegetation, alter soil chemistry and hydrology, reduce wildlife habitat, and complicate land management and restoration efforts.

Prior to S1029/A4137, New Jersey was one of a small number of states without a dedicated invasive species statute, despite growing scientific consensus on the risks posed by invasive plants and the costs associated with their management. While state agencies had some authority to address invasive species under existing environmental and agricultural laws, the absence of a unified framework created regulatory gaps and inconsistencies. The NJ Invasive Species Management Act is intended to address these gaps by establishing uniform statewide standards and clear, enforceable limits on specific activities associated with invasive plants.

What does the Invasive Species Management Act Regulate… and When?

The law prohibits specific activities involving “Prohibited Invasive Species,” defined as “an invasive species whose introduction causes, or may cause, substantial economic or environmental harm or harm to human health, or substantially threatens, or may threaten, natural resources or the use of natural resources in the State,” and are listed in Section 4 of the Act. Prohibited activities (without a permit) include propagating, importing/exporting, selling, or advertising the sale of the regulated species.

The law establishes a phased compliance schedule designed to give affected industries and organizations time to adjust:

• Propagation restrictions take effect 13 months after enactment.
• Sales and distribution prohibitions take effect within 49 months of enactment.

This graduated timeline is intended to allow nurseries and growers to manage existing inventory, shift production practices, and transition toward non-invasive or native alternatives. Moving forward, when new species are added, the same 13‑month and 49‑month phase‑in applies from the date the updated list is published, unless the NJ Invasive Species Council recommends a different timeline.

In addition to regulatory measures, the law directs the New Jersey Department of Environmental Protection (NJDEP) to develop a website that includes the updated list of prohibited invasive species with information about how to identify the species, best practices for mitigation, and, where possible, alternative native species options. The intent is to support informed decision-making by homeowners, landscapers, municipalities, and land managers; not simply to restrict plant choices.

Which Species are Covered?

S1029 does not rely solely on a static list. Instead, it creates a living regulatory framework. The statute names an initial set of invasive plants, which includes widely recognized invasives such as Norway maple (Acer platanoides), tree-of-heaven (Ailanthus altissima), and English ivy (Hedera helix). Other species that have long raised ecological concerns, such as Japanese barberry (Berberis thunbergii), burning bush (Euonymus alatus), and Callery pear (Pyrus calleryana), are also expected to be evaluated. The NJDEP, in consultation with the NJ Department of Agriculture, must publish an official list of invasive and prohibited species within one year of enactment. The law also establishes a mechanism for updating the list annually based on scientific criteria and Council recommendations, allowing the state to respond to emerging threats, new research, and changing climate.

A curated visual guide, created by Pinelands Nursery, illustrates the invasive plant species included in the first phase of implementation under New Jersey’s new law:

Enforcement and Compliance

The legislation includes provisions recognizing the operational realities of nurseries and plant suppliers. Rather than mandating immediate removal of existing nursery inventory, the law allows for an orderly phase-out process, reducing economic disruption while still advancing the law’s ecological goals. However, once those deadlines pass, the NJ Department of Agriculture Secretary or the NJDEP Commissioner are both authorized to assess penalties for violations.  For repeat offenses, penalties may reach up to $2,000 per day.

Role of the New Jersey Invasive Species Council

One of the most significant structural elements of the new law is the reestablishment of the New Jersey Invasive Species Council as a permanent body in statute. The Council, originally created in 2004 but disbanded in 2010, is now formally restored with an expanded and clearly defined role.

The Council will consist of 19 members representing a cross-section of expertise and interests, including state agencies, environmental organizations, agriculture, the nursery industry, and academic institutions. Its primary responsibilities include advising the NJDEP and NJ Department of Agriculture on:

• Which species should be designated as prohibited invasive species
• Providing guidance on management strategies and best practices
• Supporting science-based policy recommendations

By embedding the Council in statute, the law aims to ensure continuity, transparency, and scientific rigor in invasive species decision-making.

Legislative Context and Implementation

The New Jersey Invasive Species Management Act represents a significant shift in how the state approaches invasive plant management by placing enforceable boundaries around practices that have historically contributed to the spread of invasive plants.

The law was approved unanimously by both chambers of the New Jersey Legislature, reflecting bipartisan agreement on the ecological and economic risks posed by invasive species. An earlier version of the bill had been vetoed in 2024 over questions of agency authority, but subsequent revisions addressed those concerns and cleared the way for final passage.

To read the full statutory language and implementation details of the New Jersey Invasive Species Management Act, click here. For information about Princeton Hydro’s work to mitigate invasive species in the Mid-Atlantic, click here to explore our blog, “Invasive Species in Focus: Impacts, Solutions, and Restoration Successes.”

• Environmental Education
• Invasive Species Management