Mulch Restrictions Are Here . . . Now What?

April 11th, 2025 | Community Association Law Blog

By Mary Wynn Seiter, Esq.

Spring has sprung…and communities are busy at work with their landscaping professionals to embrace the growing season! In your planning, don’t forget that the New Jersey fire code was amended last year to include some serious mulch restrictions that go into effect on April 15, 2025. The restrictions are on the use of “combustible landscape materials.” These materials – predominately wood-based mulch – have been the source of numerous fires in New Jersey that have had devastating impacts on adjacent buildings.

The new regulations in the Fire Code, found at NJAC 5:70-3 (section 305.6), prohibit the use of combustible landscape materials (such as mulch) within 18 inches of any combustible building or structure or other improvements like decks, balconies, porches or the like. The regulations’ restrictions are NOT APPLICABLE to noncombustible structures (concrete, brick) as well as owner-occupied side-by-side attached townhomes, detached single-family and two-family homes. Also exempt are noncombustible buildings with combustible components or trim, so long as the combustible components or trim are at least 3 feet or more above grade.

What does all of this mean??

Who does this apply to?

If you are in a condominium community or cooperative in a noncombustible building (concrete, stone, masonry, or brick with no combustible trim or component that is within 3 feet from grade), your community is exempt.

If you are in a condominium community or cooperative (stacked townhouses, midrise, highrise) with combustible construction or with combustible components or trim within 3 feet from grade, your community must comply.

If you are in an HOA with single family detached homes, or a true side-by-side attached townhome condominium community, your community is exempt; however, if you have a clubhouse, pool house or other recreational amenity structure that is built from combustible materials, you must comply around those buildings.

If you are a rental community in a combustible building or with combustible components or trim within 3 feet from grade (or a side-by-side townhouse unit or single family or two family detached dwelling that is NOT owner-occupied), you must comply.*

What is required to comply?

– Removal of all combustible landscaping material (mulch, straw, dried grasses) from the area that is within 18 inches of the building exterior walls.

– You are permitted to have live plants within that 18 inch buffer area, but NO WOOD MULCH. The soil surface around the plantings can be bare (dirt) or covered with noncombustible materials, such as stone, gravel or sand.

– The ban on mulch extends to any mulch in an above ground planter that is within 18 inches of the building exterior wall, or any area under a combustible overhang that is less than 6 feet above the plants.

– Mulch is permitted in a planting area or planter that is under a noncombustible overhang that is at least 6 feet OVER the plantings.

*What’s the deal with rental properties?

The Fire Code regulations are technically not applicable to owner-occupied attached townhomes or standalone single-family or two-family dwellings. This has created what the DCA’s Division of Fire Safety calls an unintended result of having the rental or owner-occupancy of a structure drive the applicability of these restrictions. The DFS is working on an amendment to these regulations that would make all attached townhomes and detached single-family to two-family dwellings exempt, regardless of the rental or owner occupancy status.

What should my community do?