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

The Tree Canopy Law requires property owners to plant new shade trees during development. Planting shade trees helps offset the impacts of development on the natural environment. Read the Chapter 55 - Tree Canopy Law in the Montgomery County Code. Development is when a property owner is required to get a sediment control permit in order to complete the work they are planning for their property. When development on a property is enough to require a sediment control permit, then the property owner must comply with the Tree Canopy Law. Most small tree projects on residential properties, like removing one or two trees, or trimming trees, do not require sediment control permits, and therefore, are not subject to this law. The Tree Canopy Law only applies if a sediment control permit is required. A sediment control permit is required if an activity: disturbs more than 5,000 square feet of land including cutting trees; constructs a new primary residential or commercial building; or moves 100 cubic yards or more of earth on or off the property. The Tree Canopy Law does not apply when hazardous trees are removed, or to build most decks or gardens. However, many swimming pools do require a sediment control permit and may be subject to the law. The Tree Canopy Law sets the fee at the current rate set by the Department of Permitting Services for bonding a tree in the right-of-way. As of April 30, 2024, the rate is $470 per tree. This rate will be adjusted on July 1 of each odd year. The Montgomery County Roadside Tree Law and the Maryland Roadside Tree Law both work to conserve trees in the County's rights-of-ways. These laws require residents who plan to plant, prune, disturb, or remove street trees to obtain permits. Therefore, two permits are required; one from Montgomery County and one from the State. In addition, if street trees are removed, both laws require replacements. The Forest Conservation Law (FCL) generally applies to properties over 40,000 square feet when a sediment control permit is required or when subdivision occurs.