What are municipal policies in New Jersey on flying non-national or faith-based flags from government flagpoles?
Executive summary
New Jersey has no single municipal rulebook for what non-national or faith-based flags may fly on local government flagpoles; instead, state statute and a patchwork of local ordinances combine to restrict certain displays and leave many decisions to town councils, often provoking political controversy [1] [2]. At the state level New Jersey law bars display of a foreign national flag unless the U.S. flag of equal size accompanies it, while municipalities routinely adopt their own narrow lists of authorized flags or permit ad hoc commemorative displays under local procedures [1] [3] [4].
1. State law sets a baseline: foreign national flags must be paired with the U.S. flag
New Jersey’s statute (N.J.S.A. 52:3-4) makes it unlawful to display “the flag or emblem of any foreign state or country” on public or private property unless it is accompanied by a United States flag of at least equal dimensions, with a narrow exception for official guests declared by governors or mayors [1]. That statutory rule is a specific constraint on flying foreign national flags from government flagpoles, but it does not speak directly to non‑national banners such as organizational, commemorative, faith‑based, or political flags — leaving room for municipal codes to define their own limits [1].
2. Municipal ordinances commonly restrict flagpoles to official flags only
A growing number of New Jersey municipalities have adopted ordinances that limit municipal flagpoles to a short list — typically the U.S. flag, the New Jersey state flag, POW‑MIA (and in some towns county, municipal or military flags) — and expressly prohibit third‑party or commemorative flags except by council authorization [4] [5] [2]. Examples reported in local coverage include Montville’s written policy allowing only the American, New Jersey and POW/MIA (and county/military in some iterations) flags at town facilities [4], and Clark’s ordinance that restricts displays to the American, state, county, POW/MIA and military flags and disavows use of flagpoles as a public forum for private expression [5].
3. Some towns create specific application processes or limited allowances for commemorative flags
Not all municipalities are identical: several towns have written procedures for requesting that a non‑standard or commemorative flag be flown, or language that permits flags recognized by presidential proclamation or observation to be displayed under conditions [3] [2]. Sparta’s Ordinance 23‑03, for instance, lays out a process and states commemorative flags may not fly on the same pole as the U.S. flag but may be displayed under the New Jersey flag on the same pole in certain cases [3], while Boonton’s earlier ordinance tied permitted causes to those recognized at the presidential level — an approach that became central to local debate [2].
4. Political and community friction: neutrality claims vs. symbolic inclusion
Local adoption of restrictive flag rules has frequently sparked controversy, particularly around Pride flags and other symbolic displays, with critics saying the policies silence marginalized communities and proponents arguing the town must remain a neutral government speaker and avoid “picking and choosing” which private causes to endorse [6] [2] [7]. The impacts have been tangible: public backlash, resignations from advisory committees, and visible demonstrations in towns such as Boonton, Dover and Sparta after councils tightened or clarified flag‑flying rules [2] [7] [6].
5. Customs, etiquette and practical limits also inform local rules
Beyond statutes and ordinances, towns cite flag code practice — for example that nations should be flown from separate staffs and that the U.S. flag occupies a place of prominence — when crafting rules that limit multi‑flag displays and prioritize the American and state flags [8] [4]. New Jersey’s state apparatus also maintains guidance on half‑staff observances and flag status that local governments track, reinforcing a protocol framework municipal policies often reference [9] [10].
6. Bottom line and reporting limits
The bottom line: municipal policies in New Jersey vary, but many expressly limit town flagpoles to the U.S. flag, the New Jersey flag, POW‑MIA (and sometimes county/military flags) while some towns permit commemorative or other banners only through formal council authorization or under narrow criteria; state law separately restricts foreign national flags unless paired with the U.S. flag [4] [5] [3] [2] [1]. This account is based on available municipal ordinances and local reporting; a comprehensive catalog of every New Jersey municipality’s current flag policy is not contained in the provided sources and would require direct review of each town’s code.