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Wicomico 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 Wicomico 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

Governing chapter
Ch. 126, Forest Conservation
Trigger size
40,000 square feet or more
Required filings
Forest stand delineation, conservation plan
Review period
30 days, plus 15 for agency review
Small-lot exemption
Cumulative clearing under 40,000 sq ft
Noncompliance fee
$0.30 per square foot

Summary

In unincorporated Wicomico County, clearing trees on a tract of 40,000 square feet or more before subdivision, grading or a building permit triggers Ch. 126's forest conservation requirements. Under §§ 126-2 and 126-6, the applicant must submit a forest stand delineation and an approved forest conservation plan to the Department of Planning, Zoning and Community Development before cutting, unless a specific exemption applies.

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

§ 126-2. Applicability. ... A. Unless exempted by Article III of this chapter, any person making application for a building permit, subdivision plat, stormwater management plan, project plan and grading or sediment control permits on parcels of land 40,000 square feet or greater after the effective date of this chapter shall file a forest conservation plan with the Department. § ... 126-6. ... General requirements. A. The following provisions shall apply to any person making application after the effective date of this chapter for a regulated activity on an area of land of 40,000 square feet or greater. The applicant shall: (1) Submit to the Department a forest stand delineation and a forest conservation plan for the lot or parcel on which the regulated activity is located. (2) Use methods approved by the Department, as provided in the Wicomico County Forest Conservation Manual, to protect retained forests and trees during construction.

Full Breakdown

Wicomico County treats large-scale tree removal as a regulated activity under Ch. 126, Forest Conservation, not as a free-standing tree-cutting permit. Section 126-2 requires anyone applying for a building permit, subdivision plat, stormwater management plan, project plan, or grading or sediment control permit on a parcel of 40,000 square feet or larger to file a forest conservation plan with the Department of Planning, Zoning and Community Development. Section 126-6 spells out what that means in practice: the applicant must submit both a forest stand delineation, mapping existing tree cover, streams, floodplains and soils, and a forest conservation plan for the specific lot, and must use Department-approved methods, drawn from the county's Forest Conservation Manual, to protect the trees that are kept during construction.

The Department has 30 calendar days to review a forest stand delineation under § 126-9, extendable by 15 days for weather or other agencies' review. Smaller residential projects can skip the full process: § 126-4 exempts construction on a single lot that cuts no more than 40,000 square feet of forest, or a house built for the owner's immediate family under the same 40,000-square-foot cap, provided the owner files a declaration of intent under § 126-5 promising no further regulated activity on the lot for five years.

Anyone who clears forest without the required plan or declaration is not automatically excused: the Department can require retroactive compliance with retention and reforestation standards and assess penalties for the unauthorized cutting.

Violations & Fines

Cutting forest on a nonexempt tract without an approved plan triggers the same noncompliance fee structure as any other Ch. 126 violation: $0.30 per square foot of area cleared in violation under § 126-26, plus a civil infraction penalty of up to $1,000 per day the violation continues. The Department may also issue a stop-work order, seek an injunction, or revoke the forest conservation plan under § 126-27, and money collected is never returned to the violator.

Frequently Asked Questions

Do I need a permit to cut down trees on my property in unincorporated Wicomico County?
Only if your parcel is 40,000 square feet or larger and you're applying for a building permit, subdivision plat, grading permit or similar approval. Under § 126-2, that triggers a required forest conservation plan filed with the Department of Planning, Zoning and Community Development before any regulated clearing.
Is there an exemption for building a house for myself or a family member?
Yes. Section 126-4 exempts construction of a dwelling for the owner's immediate family if it clears no more than 40,000 square feet of forest, but the owner must file a declaration of intent under § 126-5 confirming no further regulated activity for five years.
What has to be submitted before clearing on a large lot?
Section 126-6 requires a forest stand delineation mapping the site's existing trees, streams and soils, plus a forest conservation plan for the lot, both reviewed by the Department, which has 30 days to respond under § 126-9.

Sources & Official References

Other rules in Wicomico County

All Wicomico County rules

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