Landscaping Rules in Gaithersburg, MD

If you live in Gaithersburg or are thinking about moving there, landscaping rules are one of those things you probably won't think about until they affect you directly. Gaithersburg has 3 specific rules on the books covering different aspects of landscaping rules, and some of them might surprise you.

Tree Removal & Heritage Trees

Gaithersburg requires a permit from the city manager before removing, relocating or topping any tree on private property. Trees under two-inch caliper and utility safety trimming are exempt. Chapter 22 forest conservation review applies first when it triggers.

Key details: Permit issuer: City Manager. Exempt trees: 2-inch caliper or less. Exempt activity: Utility safety-clearance trimming. Cross-reference: Chapter 22 forest conservation compliance first. Enforcement: Municipal infraction, § 1-9.

Violations of Chapter 21 are municipal infractions enforced under Section 1-9. The city council sets the civil penalty by resolution for each initial and repeat offense, capped at the maximum allowed under Article 23A of the Annotated Code of Maryland. Beyond the civil fine, the city may seek an injunction, mandamus or other court order to stop unpermitted cutting or force restoration, and a court of competent jurisdiction may issue temporary or permanent injunctive relief.

Weed Ordinances

Gaithersburg property owners and occupants must keep grass and weeds under ten inches tall. The rule sits in the city's health and sanitation chapter, enforced with a written notice to abate and, if ignored, city abatement at the owner's expense plus a separate municipal infraction fine.

Key details: Height limit: 10 inches above the ground. Applies to: Grass and weeds on any owned or occupied land. First step: City notice to abate within a set time. If ignored: City abates and bills the owner (§ 12-9). Penalty: Municipal infraction, fine set by council resolution.

Letting grass or weeds exceed ten inches is a municipal infraction enforceable under Section 12-10, with the maximum fine for an initial and for each repeat violation set by city council resolution. Beyond the fine, the city may seek an injunction, mandamus, or other court order to force compliance, and if the owner still does not cut the lot after notice, the city can mow it under Section 12-9 and charge the cost to the owner regardless of any separate infraction penalty.

Tree Trimming

Trees overhanging public sidewalks and streets in Gaithersburg must maintain a minimum clearance of 8 feet above sidewalks and 14 feet above streets to ensure safe passage for pedestrians and vehicles. Property owners are responsible for trimming their own trees that encroach into these clearance zones, even if the trunk is on private property. Roadside trees planted within the public right-of-way along county-maintained roads are regulated under Montgomery County Code Chapter 49 (Roadside Trees) and require a permit from the county Department of Transportation before any cutting, trimming, or removal work is performed. A concurrent permit from the Maryland Department of Natural Resources is also required for roadside tree work under the state Roadside Tree Law (Natural Resources Article 5-406). Private trees on residential property can generally be trimmed without a government permit, as long as the work does not kill the tree and does not involve a specimen tree protected under the Forest Conservation Law (Chapter 22A). Utility companies including Pepco and BGE maintain their own trimming rights along power line corridors.

Key details: Sidewalk Clearance: 8 feet minimum. Street Clearance: 14 feet minimum. Roadside Trees: County DOT + MD DNR permit required. County Code: Chapter 49 (Roadside Trees). State Law: Natural Resources Article 5-406.

Unauthorized cutting or trimming of a roadside tree without required permits: fine up to $500 per tree. Killing or severely damaging a protected tree: replacement planting at 1-inch caliper per 1-inch diameter removed, plus potential fines. Failure to maintain sidewalk or street clearance after notice: city or county performs work at owner's expense.

The Bottom Line

Gaithersburg's landscaping rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Gaithersburg is broadly strict or permissive.

These rules come from Gaithersburg's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.