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Gaithersburg, MD Landscaping Rules: Tree Trimming (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Sidewalk Clearance
8 feet minimum
Street Clearance
14 feet minimum
Roadside Trees
County DOT + MD DNR permit required
County Code
Chapter 49 (Roadside Trees)
State Law
Natural Resources Article 5-406

Summary

Trees overhanging public sidewalks and streets in Gaithersburg must maintain a minimum clearance of 8 feet above sidewalks and 14 feet above streets to ensure safe passage for pedestrians and vehicles. Property owners are responsible for trimming their own trees that encroach into these clearance zones, even if the trunk is on private property. Roadside trees planted within the public right-of-way along county-maintained roads are regulated under Montgomery County Code Chapter 49 (Roadside Trees) and require a permit from the county Department of Transportation before any cutting, trimming, or removal work is performed. A concurrent permit from the Maryland Department of Natural Resources is also required for roadside tree work under the state Roadside Tree Law (Natural Resources Article 5-406). Private trees on residential property can generally be trimmed without a government permit, as long as the work does not kill the tree and does not involve a specimen tree protected under the Forest Conservation Law (Chapter 22A). Utility companies including Pepco and BGE maintain their own trimming rights along power line corridors.

MCDOT Division of Highway Services maintains over 250,000 trees in the dedicated county right of way and another 200,000 in rural areas. Any tree growing in a street right-of-way is a county-owned tree. Note that it is not always obvious where the street right-of-way ends and private property begins. The line can be several feet into a front yard beyond the edge of the sidewalk or street. The county is responsible for the health and maintenance of county-owned trees and the Department of Transportation is the agency in charge. Permits from both the state's Department of Natural Resources and County's Department of Permitting Servces are required prior to a private property owner doing anything that impacts a county owned tree. [...] Tree Pruning. The Tree Maintenance Section prunes over 10,000 trees in the right-of-way every year. Trees are trimmed to remove hazardous (dead wood, diseased branches, etc.) branches and to train the growth of young trees. Trees are also trimmed to maintain adequate clearance for vehicles and pedestrians generally 12' to 14' over the road and 8' over the sidewalk. Branches obscuring traffic signals stop signs and other traffic control devices are also removed. [...] Trees are also trimmed by the various utility companies, most commonly PEPCO, BGE, and First Edison in order to provide clearance from energized lines. This activity is not regulated by Montgomery County. Montgomery County does not prune trees for utility line clearance. Questions regarding this type of trimming should be directed to the appropriate utility company. Utility clearance is regulated by the public service commission via COMAR 2012. [...] The Montgomery County Roadside Tree Protection Law was legislated to create additional protections for trees in the Montgomery County right-of-way. These changes went into effect March 2014.

Source: Montgomery County DOT -- Roadside TreesView official code

Full Breakdown

Gaithersburg and Montgomery County require property owners to maintain trees so they do not obstruct public sidewalks, streets, bike lanes, or sight lines at intersections. The minimum clearance standards are 8 feet above sidewalks and shared-use paths, and 14 feet above streets and travel lanes. Property owners who fail to maintain these clearances may receive a notice from Gaithersburg Public Works or Montgomery County DOT requiring trimming within a specified timeframe. If the owner does not comply, the city or county may perform the work and bill the property owner.

Montgomery County Code Chapter 49 governs trees planted within the public right-of-way along county-maintained roads, collectively known as roadside trees. Any person who wants to cut, trim, or remove a roadside tree must first obtain a permit from the county Department of Transportation, Division of Highway Services, Tree Maintenance Section. A concurrent permit from the Maryland Department of Natural Resources is also required under the state Roadside Tree Law (Natural Resources Article 5-406), which protects trees growing within the public right-of-way along state and county roads.

The dual-permit process ensures that roadside trees are only removed or significantly trimmed when necessary and that replacement planting is planned. Permit applications require a description of the proposed work, the reason for the request, and the species and size of the tree. The county tree maintenance crew may perform the work itself or authorize a licensed tree care company to proceed. Private trees growing entirely on residential property within Gaithersburg can generally be pruned or trimmed by the homeowner or a hired arborist without a government permit.

However, if the tree is a specimen tree (typically 24 inches or greater diameter at breast height, depending on species) and is located on a property subject to an active Forest Conservation Plan under Chapter 22A, significant trimming or removal may trigger mitigation requirements. Improper trimming that kills or severely damages a protected tree can result in replacement planting requirements calculated on a caliper-inch-for-caliper-inch basis, plus potential fines. Utility companies Pepco and BGE have easement rights to trim trees within their power line corridors on a regular cycle (typically every 3 to 4 years) and do not need homeowner permission, though they typically provide advance notice. Homeowners who want more aggressive trimming near power lines should contact their utility provider rather than attempting the work themselves due to electrocution risk.

Violations & Fines

Unauthorized cutting or trimming of a roadside tree without required permits: fine up to $500 per tree. Killing or severely damaging a protected tree: replacement planting at 1-inch caliper per 1-inch diameter removed, plus potential fines. Failure to maintain sidewalk or street clearance after notice: city or county performs work at owner's expense.

Frequently Asked Questions

Can I trim a tree that hangs over the sidewalk in Gaithersburg?
If the tree trunk is on your property, you are responsible for maintaining 8-foot clearance over sidewalks and 14-foot clearance over streets. You can trim your own tree without a permit. If the tree is in the public right-of-way (a roadside tree), you need permits from both Montgomery County DOT and Maryland DNR before any trimming.
Who trims trees near power lines in Gaithersburg?
Pepco and BGE maintain their own right-of-way clearance programs and trim trees near power lines on a regular cycle, typically every 3 to 4 years. Contact your utility provider if branches are dangerously close to lines. Do not attempt to trim near power lines yourself.

Sources & Official References

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