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Gaithersburg, 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 Gaithersburg, 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

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
Court remedy
Injunction or mandamus available

Summary

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.

Sec. 21-10. - Permit required for removal of trees on private property. It is unlawful for any person to remove, relocate or top any tree on private property within the city without first having received a permit for the same from the city manager. The provisions of Chapter 22, "trees and forest conservation," if applicable, must be complied with prior to the issuance of a permit pursuant to this chapter. The section shall not apply to: (1)The transplantation or maintenance of commercial nursery stock or in any case to trees with a caliper of two inches or less, as measured at four (4) inches above ground level; or(2)Trimming performed by utility companies to provide safety clearances from utility lines.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 52 Update 1).

Full Breakdown

City Code § 21-10 makes it unlawful to remove, relocate or top any tree on private property within Gaithersburg without a permit issued by the city manager. Before that permit issues, the property owner must first satisfy Chapter 22, Trees and Forest Conservation, if that chapter applies to the property (typically triggered by subdivision, site plan or sediment-control review on tracts of 20,000 square feet or more). Two narrow carve-outs exist: commercial nursery stock in transplant or maintenance, and any tree with a caliper of two inches or less measured four inches above grade, need no permit; nor does routine safety-clearance trimming performed by a utility company.

The companion sections in Chapter 21 add related duties: Section 21-11 requires owners to keep trees, shrubs and plants trimmed back from streetlights, traffic signs, signals and intersection sightlines, and Section 21-12 lets the city manager order removal of a hazard tree on private land at the owner's expense, with unpaid costs collectable as a property-tax lien. The permit requirement is separate from, and narrower than, the development-triggered forest conservation and specimen-tree retention rules in Chapter 22, which can require a forest conservation plan and financial security before a comparable removal is approved for a larger project.

Violations & Fines

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.

Frequently Asked Questions

Do I need a permit to cut down a tree on my property in Gaithersburg?
Yes. Section 21-10 makes it unlawful to remove, relocate or top any tree on private property in the city without first getting a permit from the city manager, unless an exemption applies.
Which trees are exempt from Gaithersburg's removal permit?
Commercial nursery stock being transplanted or maintained, and any tree with a caliper of two inches or less measured four inches above ground level, do not need a removal permit under Section 21-10.
Can the city make me remove a hazardous tree?
Yes. Under Section 21-12 the city manager can order removal of a tree that endangers public life, health, safety or property, at the owner's expense, and unpaid costs become a lien collected like property taxes.
What happens if I remove a tree without a Gaithersburg permit?
It is a municipal infraction under Section 1-9, with a civil penalty set by city council resolution up to the state cap in Article 23A, and the city can also seek an injunction to require restoration.

Sources & Official References

Other rules in Gaithersburg

All Gaithersburg rules

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