Laws, Policies and Programs

State Laws and Programs

Maryland Roadside Tree Law

The Roadside Tree Law, enacted in 1914, requires a permit for planting, removing, pruning, or any activity that may harm a tree in the right-of-way. Permit applications may be downloaded here, then contact our local MD DNR Forest Service office at (301) 854-6060 for guidance on submitting your application.

If you have a roadside tree adjacent to your property that needs maintenance, please contact county Department of Transportation (DOT) at 311. If you would like to have a roadside tree planted adjacent to your property, you may make a request to the DOT at 311.

Maryland Forest Conservation Act

The Forest Conservation Act is a state law, enacted in 1991, which requires that any person making application for a subdivision, grading permit or sediment control plan on a tract of 40,000 square feet or more must submit a Forest Stand Delineation (FSD) and a Forest Conservation Plan (FCP).

For a complete list of Maryland laws pertaining to trees and forests, visit the Maryland Department of Natural Resources page.

TREE-Mendous Maryland

The State of Maryland's TREE-Mendous Maryland program makes high-quality native trees and shrubs available at reasonable prices for public land planting. The trees may be planted in places such as community open spaces, school grounds, government facilities, and rights-of-way. They may not be planted at private residences. Plan your orders in advance for fall plantings. Fall is the BEST time to plant trees!

Download an order form for TREE-mendous trees. (PDF, 2pp, 107K)

Learn more about the planting and care of your TREE-Mendous trees.

Questions about TREE-Mendous Maryland? Email mmangan@dnr.state.md.us or tgalloway@dnr.state.md.us

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County Laws and Programs

Montgomery County Forest Conservation Law

Originally enacted in 1992, the Forest Conservation Law aims to save, maintain, and plant forested areas for the benefit of County residents and future generations. The Forest Conservation Law is implemented by the Maryland-National Capital Parks and Planning Commission (M-NCPPC).

The purpose of the law is to:

• Establish procedures, standards, and requirements to minimize tree loss as a result of development, and to protect trees and forests during and after construction or other land-disturbing activities
• Establish procedures, standards, and requirements for afforestation and reforestation of land, subject to an application for development approval or a sediment control permit
• Establish a fund for future tree conservation projects, including afforestation and reforestation
• Provide a focused and coordinated approach for County forest conservation activities.

Visit the Forest Conservation Law page on M-NCPPC's Web site to find out whether Forest conservation provisions apply to you and to learn what you'll need to do to comply with the law.

Countywide Strategy

DEP is largely guided by the Forest Preservation Strategy (2000) and the more recent Forest Preservation Strategy Update (2004). These documents outline goals for improving and increasing forested areas, tree canopy, and street trees, as well as actions that the County will take to meet goals over time.

Forest Preservation Strategy (2000) (PDF, 16pp, 1.9Mb)

Forest Preservation Strategy Update (2004) (PDF, 20pp, 1.9Mb)

The goals of the Forest Preservation Strategy are to:

• Increase the amount of reforested and protected riparian forest in the County. Riparian forests are wooded areas associated with streams or waterways. These forests have a certain species composition and wildlife community associated with them.
• Increase the amount of protected upland forest in the County. Upland forests are wooded areas associated with well-drained soils usually found at the tops of hills or areas well above ground-water levels.
• Improve the urban street tree maintenance program to meet state law and national standards. Urban street trees are trees that are maintained by the Montgomery County Department of Public Works.
• Increase the amount of urban and suburban forests and canopy cover on private properties in the County. Of the forested land in Montgomery County, 64 percent is in private ownership.
• Ensure the long-term health and protection of forested areas on public land. In Montgomery County, most publicly owned land is readily accessible. For example, the stream-valley park system crosses all types of land use and has miles of trails and many areas for parking. These public lands are subject to stresses from intensive recreational use, disturbance to riparian buffers, soil compaction, damage from deer browsing, and invasion from nonnative pest species.

In addition, the Strategy adopted the tree canopy coverage goals for urban areas nationwide established by American Forests. The goals are expressed as a percentage of land area in different urban land use classes, such as suburban residential, urban residential, and central business district.

Assessments of tree canopy coverage provide the basis for further planning and programmatic efforts to improve tree cover and improve tree quality in areas that need additional canopy coverage.

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County Street Tree Planting Program

An important part of the County's Forest and Trees Strategy is the Street Tree Planting Program administered by the Department of Transportation (DOT). Street trees are those growing within public rights-of-way, or adjacent to streets and roads. The benefits of these trees range from cooler summertime temperatures and to calmer traffic to cleaner air and water. Urban trees also provide habitat for wildlife. The County is responsible for maintaining all trees within the rights-of-way.

Since spring 2003, DEP has been targeting street tree plantings to achieve multiple environmental objectives, such as:

• Reducing peak storm water flows
• Cleaning storm water runoff
• Removing air pollutants
• Reducing urban temperature impacts
• Reducing energy needs and costs of heating and cooling

Street trees are being planted in communities where satellite imagery has detected low tree canopy coverage. The emphasis is on planting in communities located within priority watersheds for water and air quality protection, as identified through the Countywide Stream Protection Strategy.

Street trees are planted every spring and fall in public rights-of-way and medians throughout the County. To request a new street tree or maintenance of an existing street tree, call 311.

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Trees and the Law - Neighbor-related Disputes

If you feel that your neighbor has a tree that is hazardous to your property, contact the Maryland County Department of Housing and Community Affairs. Someo of the resources available on their site include:

• Housing Code Enforcement Resources
• Code Enforcement Handbook
• Frequently Asked Questions

If you wish to file a complaint, use the online complaint form or call 311.

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Tree Removal

May I Remove a Tree From My Private Property?
Within Montgomery County there are 19 incorporated cities, towns, and villages. Each one might have its own codes and regulations regarding street trees and trees on private property. Please contact your local officials before performing any tree work.

If you don't live in an incorporated city, town, or village and the tree is wholly on your property, you don't need a permit or other authorization from Montgomery County or the State of Maryland as long as your lot is smaller than 40,000 square feet (about 1 acre).

In addition, the following jurisdictions have tree ordinance information on their Web sites:

• Town of Chevy Chase
• City of Gaithersburg
• Town of Garret Park
• Town of Kensington
• City of Rockville
• Town of Somerset
• City of Takoma Park
• Washington Grove

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