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

Tree removal in Gaithersburg is governed by multiple overlapping county regulations that collectively provide strong protection for the urban tree canopy. The Forest Conservation Law (Chapter 22A) is the most significant regulation and applies to any development activity -- including new construction, additions, grading, and significant land disturbance -- on properties of 40,000 square feet or larger. Before any clearing or grading begins, the developer must submit a forest conservation plan to the Montgomery County Planning Board for review and approval. The plan must inventory all existing trees and forest, identify areas to be preserved, and specify mitigation planting or payment to the Forest Conservation Fund if forest is lost. The plan may designate certain trees as specimen trees (generally 24 inches or greater diameter at breast height depending on species) that receive enhanced protection. Removing a specimen tree without Planning Board approval triggers significant penalties including replacement planting and fines. The Roadside Tree Law (Chapter 49) protects all trees growing within the public right-of-way along county and state roads. Removing or significantly trimming a roadside tree requires dual permits from the county Department of Transportation and the Maryland Department of Natural Resources. The county typically requires replacement planting of at least one new tree for each roadside tree removed. The Tree Canopy Law (Chapter 55) applies to new development and requires a minimum percentage of tree canopy coverage based on the zoning district: 25 percent for commercial and industrial zones, 35 percent for most residential zones, and higher percentages in environmentally sensitive areas. Developers can meet the requirement through on-site planting, off-site planting, or payment to the Tree Canopy Fund. Montgomery County has established a long-term goal of 70 percent tree canopy coverage countywide, recognizing that trees provide critical stormwater management, air quality, and urban heat island reduction benefits -- all particularly important in the Chesapeake Bay watershed. For individual homeowners on lots under 40,000 square feet (which includes most residential lots in Gaithersburg), removing a private tree that is not in the public right-of-way and not subject to a forest conservation easement generally does not require a county permit. However, HOA covenants in many Gaithersburg communities require architectural review committee approval before removing trees, and some older site plans and subdivision plats include recorded conditions requiring preservation of specific trees. Check your deed and HOA rules before removing any mature tree. Gaithersburg participates in the county Tree Montgomery program, which provides free shade trees to residents to increase canopy coverage. The program is funded in part by the Tree Canopy Fund and typically offers native species well-suited to the Piedmont region.