Skip to main content
CityRuleLookup

Washington County, MD Landscaping Rules: Tree Removal & Heritage Trees (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Tree removal permit rules in Washington County, MD, sometimes called heritage tree, protected tree, or street tree ordinances, list which trees require a permit before you can cut them down.

Key Facts

Threshold requiring a plan
over 40,000 sq ft of forest cut/disturbed
Reviewing body
Washington County Planning Commission
Fine range
$200 to $1,000 per offense
Each day
counts as a separate violation
Exempt
firewood and dead-tree removal for personal use
Applies to
unincorporated county land only

Summary

Washington County's Subdivision Ordinance regulates tree removal tied to land development outside incorporated towns. The Planning Commission reviews proposed subdivisions for tree cutting and can limit which trees come down, and cutting over 40,000 square feet of forest during site development triggers a required Forest Stand Delineation and Forest Conservation Plan.

These county ordinances apply to unincorporated areas of Washington County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

406. TREE CUTTING The Commission shall review proposed subdivision with respect to the cutting of trees and may impose limitations on the number, location, and distribution of trees proposed for removal... 408. TREE CUTTING GUIDELINES Cutting or disturbance during site development of over 40,000 square feet of forest shall be done in accordance with an approved Forest Stand Delineation and forest Conservation Plan.

Full Breakdown

Section 406, Tree Cutting, directs the Planning Commission to review every proposed subdivision with respect to the cutting of trees and lets it impose limitations on the number, location and distribution of trees proposed for removal. In the Antietam Overlay District, the Commission may disapprove a subdivision plan outright if the proposed tree removal would diminish viewshed quality, applying the criteria at Section 408. Section 408, Tree Cutting Guidelines, sets the numeric trigger that governs most rural development: cutting or disturbing more than 40,000 square feet of forest during site development must be done under an approved Forest Stand Delineation and Forest Conservation Plan, both filed under the Washington County Forest Conservation Ordinance (adopted February 2, 1993) and its Technical Manual.

Inside the AO-3 Red Hill Area of the Antietam Overlay, the rules go further: minimum cutting is allowed only for the access drive, parking, dwelling, accessory structures and septic system, additional cutting is allowed within 35 feet of the dwelling, and any cutting beyond that 35-foot ring requires a Forestry Management Plan prepared by a Maryland DNR Forest, Park and Wildlife Service forester or a registered professional forester, approved by that agency and filed with the Planning Department. Firewood cutting and removal of dead trees for personal use is exempt everywhere these rules apply, as is removal of a tree tall enough to threaten the dwelling if it fell from disease, insects, wind, lightning or erosion.

This ordinance applies only outside incorporated towns; Section 104 excludes land within municipal corporations such as Hagerstown, Boonsboro, Williamsport, Smithsburg, Funkstown and Hancock, which set their own tree rules within their limits.

Violations & Fines

Section 112 makes any violation of the Subdivision Ordinance a misdemeanor punishable by a fine of not less than $200 and not more than $1,000 upon conviction, and each day a violation continues counts as a separate offense. Beyond fines, the Board of County Commissioners can pursue any appropriate action or proceeding to compel compliance under Article 66B of the Annotated Code of Maryland. Cutting more than 40,000 square feet of forest without an approved Forest Stand Delineation and Forest Conservation Plan, or removing trees in the AO-3 Red Hill Area outside an approved Forestry Management Plan, exposes a property owner to this misdemeanor penalty in addition to required tree replacement.

Frequently Asked Questions

Do I need a permit to cut trees on my rural Washington County property?
Only if it is tied to development of a subdivision. Section 408 requires an approved Forest Stand Delineation and Forest Conservation Plan when site development will cut or disturb more than 40,000 square feet of forest. Clearing your own woodlot outside a development project is not covered by this section.
Is cutting firewood or a dead tree allowed without approval?
Yes. Section 408's guidelines for the AO-3 Red Hill Area, and the related Section 20A.4 overlay rule, both state that cutting firewood and dead trees for personal use is permitted without a Forestry Management Plan or Forest Conservation Plan.
What happens if I remove trees without the required plan?
Section 112 of the Subdivision Ordinance makes it a misdemeanor punishable by a $200 to $1,000 fine, with each day of continued violation treated as a separate offense, and the County can also seek a court order compelling compliance under Article 66B of Maryland's Annotated Code.
Do these tree-cutting rules apply inside Hagerstown or Boonsboro?
No. Section 104 limits the Subdivision Ordinance to land within Washington County outside municipal corporations, so Hagerstown, Boonsboro, Williamsport, Smithsburg, Funkstown and Hancock apply their own town codes to tree removal within their limits.

Sources & Official References

Other rules in Washington County

All Washington County rules

Compare Washington County to another location·View the Maryland landscaping rules overview

Get notified when Tree Removal & Heritage Trees in Washington County, MD changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.