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Maryland Statewide Rule

Maryland Roadside Tree Law Permit Requirements

Heavy RestrictionsApplies statewide across Maryland (2026)

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
Last verified: August 20, 2026Source: Maryland General Assembly

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.

Source: Maryland General AssemblyView official code

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?
Any tree whose trunk grows in whole or in part within a public road right-of-way, including state, county, and municipal roads, regardless of who planted it.
Can I trim a roadside tree on my own property?
If the trunk is within the public right-of-way, you still need a state permit and generally must use a Maryland Licensed Tree Expert, even when you own the abutting land.

Sources

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