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Montgomery County, MD Tree Protection: Heritage & Protected Trees (2026)

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

Key Facts

Governing law
Chapter 22A, Forest Conservation Law
Champion tree
Largest of its species countywide
Trigger for review
Impact to a specimen or champion tree
Large-tree threshold
30+ inch diameter needs a variance
Max civil fine
$1,000 per day, Sec. 22A-16

Summary

Montgomery County has no separate heritage-tree ordinance, but its Forest Conservation Law protects officially designated champion trees and unusual specimen trees: any development or land-disturbing activity that would remove one requires Planning Board approval of a tree save plan first.

City-specific rules exist: Gaithersburg has its own heritage & protected trees rules that differ from Montgomery County's county-level regulations. If you live in Gaithersburg, check the city-specific page instead.

An activity or development that is exempt under Section 22A-5 except for the clearing of a specimen or champion tree, or that impacts a specimen or champion tree, requires the approval of a tree save plan. The tree save plan must require tree preservation or planting of mitigation trees at a ratio of one caliper inch replaced for every 4 inches of trunk diameter removed, measured at 4.5 feet above the ground, based on the size and character of the trees to be cleared. If trees to be cleared are part of an existing recorded scenic buffer between public parkland and a proposed development, trees that are smaller than specimen size may be included in the tree save plan.

(b)   Exemption expiration. A confirmed exemption is valid for 5 years from the date the exemption is confirmed, unless the confirmed exemption pertains to a subdivision with a validity period of more than 5 years, in which case the confirmed exemption does not expire until the end of the subdivision validity period. If site development activities have not been authorized by the forest conservation inspector to commence before the expiration date, including inspections detailed under 22A-15(c)(2)(A) and (B), the approved exemption will expire at that time.

(c)   Tree save plan violations. A violation of any requirement of a tree save plan or similar condition of approval may be enforced using any remedy provided under this Chapter.

Source: MoCo Code Ch. 22A - Forest ConservationView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-90: Montgomery County Code contains legislation effective through May 7, 2026 | Zoning Updated Effective: April 13, 2026 | COMCOR Regulations effective as of July 1, 2026).

Full Breakdown

Chapter 22A, the county's Forest Conservation Law, defines a champion tree as the largest of its species countywide, designated by the County Forest Conservancy District Board, and a specimen tree as an unusually large or distinctive example per the Trees Technical Manual. Under Sec. 22A-6(a), any activity or development that impacts a specimen or champion tree requires a Planning Board-approved tree save plan, with mitigation planting at one caliper inch for every 4 inches of trunk diameter removed. Sec. 22A-12(b)(3) further makes champion trees, historic-site trees, and any tree 30+ inches in diameter priority-retention trees clearable only with an approved variance.

Violations & Fines

Violating Chapter 22A or a tree save plan is a Class A civil violation under Sec. 22A-16: up to $1,000 per day, plus an administrative civil penalty the Planning Board sets based on the tree's value.

Frequently Asked Questions

Does Montgomery County have a heritage or landmark tree program?
Not by that name. Chapter 22A instead protects 'champion trees' (the largest of a species countywide) and 'specimen trees' through the Forest Conservation Law's tree save plan and variance requirements.
Can I cut down a champion tree on my own property?
Only if the removal falls outside a covered development or land-disturbing activity. If your project triggers Chapter 22A review, removing a champion or specimen tree needs a Planning Board-approved tree save plan or variance first.
Who enforces the champion and specimen tree rules?
The Montgomery County Planning Board (part of M-NCPPC), which holds enforcement hearings, orders corrective action, and can impose Class A civil fines under Sec. 22A-16.

Sources & Official References

Other rules in Montgomery County

All Montgomery County rules

Compare Montgomery County to another location·View the Maryland tree protection overview

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