Washington County, MD Landscaping Rules: Tree Removal & Heritage Trees (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.
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?
Is cutting firewood or a dead tree allowed without approval?
What happens if I remove trees without the required plan?
Do these tree-cutting rules apply inside Hagerstown or Boonsboro?
Sources & Official References
Other rules in Washington County
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