Maryland Statewide Rule
Maryland Roadside Tree Law Permit Requirements
Key Facts
- Statute
- NR Article §5-406
- Agency
- DNR Forest Service
- Permit Required
- All roadside trees
- First Offense Fine
- Up to $2,000
- Worker Required
- Licensed Tree Expert
Summary
Maryland law universally requires a state-issued permit before anyone trims, prunes, plants, or removes a tree growing in whole or part within a public road right-of-way anywhere in the state.
§5–406. (a) Except as provided in subsection (b) of this section, any person who desires to cut down or trim any roadside tree shall apply to the Department for a permit. (b) (1) A person may remove a tree or its branches without first obtaining a permit from the Department if the tree is unrooted or its branches broken so as to contact telephone, telegraph, electric power, or other wires carrying electric current, or if the tree or its branches endanger persons or property. (2) A tree may be cut down and removed by an abutting landowner for the landowner’s own use without first obtaining a permit if the tree is standing within the right–of–way of a public road which has not been surfaced with either stone, shell, gravel, concrete, brick, asphalt, or other improved surface. (c) A person may not cut down, trim, mutilate, or in any manner injure any roadside tree, except as authorized by this section, without a permit from the Department. (d) A county or municipality may not issue a building permit to an applicant for any clearing, construction, or development that will result in the trimming, cutting, removal, or injury of a roadside tree until the applicant first obtains a permit from the Department in accordance with this section.
Full Breakdown
Under Natural Resources Article Section 5-406, the Maryland Department of Natural Resources Forest Service oversees all roadside trees statewide. A Tree Care Permit must be obtained before any work is done on a tree within a public road right-of-way. With limited exceptions, the actual work must be performed by a Maryland Licensed Tree Expert. The law applies uniformly to all counties and municipalities. Local governments may add complementary protections but cannot waive the state permit requirement. Permits are issued through Maryland OneStop and reviewed by regional Forest Service offices.
Violations & Penalties
Performing roadside tree work without a permit may result in fines up to $2,000 for a first offense and up to $5,000 for repeat violations.
Frequently Asked Questions
What counts as a roadside tree in Maryland?
Can I trim a roadside tree on my own property?
Sources
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