Maryland Statewide Rule
Maryland Forest Conservation Act Tree Removal
Key Facts
- Statute
- Natural Resources 5-1601
- Threshold
- 40,000 sq ft disturbance
- Replacement Ratios
- Up to 2:1 required
- Priority Retention
- Floodplains, slopes, buffers
- Roadside Trees
- DNR Forest Service permit
Summary
The Maryland Forest Conservation Act requires permits and reforestation plans for clearing forested areas of 40,000 square feet or more during development. Local jurisdictions implement the law but cannot weaken state minimum thresholds, retention requirements, or replacement ratios.
Except as provided in subsection (b)(2) and (3) of this section, after December 31, 1992, or after the date on which a local program has been adopted under § 5-1603 of this subtitle, whichever occurs first, a person making application for subdivision or grading or sediment control permits on areas greater than 40,000 square feet shall submit a forest stand delineation for the entire site prepared by a licensed forester, licensed landscape architect, or other qualified professionals that may be approved by the State or a local authority in the manner required by the approved program.
Full Breakdown
Under Natural Resources Article Sections 5-1601 through 5-1613, the Forest Conservation Act applies to any subdivision, grading, or sediment control permit affecting 40,000 square feet or more of land. Applicants must submit a forest stand delineation and forest conservation plan to the local authority. Priority retention areas, including 100-year floodplains, steep slopes, and stream buffers, must generally be preserved. Cleared forest must be replaced at ratios from 1:4 to 2:1 depending on retention. Counties and municipalities administer the program but state law sets the floor. Roadside trees on state highways are protected separately under the Roadside Tree Law administered by the DNR Forest Service.
Violations & Penalties
Civil penalties up to $1,000 per violation per day, plus required restoration and replanting. Willful violations may trigger criminal misdemeanor charges and fees in lieu.
Frequently Asked Questions
Do I need a Maryland permit to cut trees on my own property?
What is a roadside tree permit?
Sources
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