Wicomico County, MD Tree Protection: Heritage & Protected Trees (2026)
Key Facts
- Governing section
- § 126-11, Subsections D and E
- Historic tree test
- Part of a historic site or structure
- Champion tree test
- Largest known specimen of its species
- Diameter threshold
- 30 inches, or 75% of champion size
- Applies when
- Site subject to a forest conservation plan
- Noncompliance fee
- $0.30 per square foot
Summary
In unincorporated Wicomico County, § 126-11 of the Forest Conservation ordinance names historic-site trees, county or state champion trees, and any tree 30 inches or more in diameter, or 75% the size of the state champion of that species, as top retention priorities on land subject to a forest conservation plan. Development plans must leave them standing unless the Department agrees no alternative exists.
§ 126-11. Forest retention priorities. The following trees, shrubs, plants and specific areas are considered priority for retention and protection and shall be left in an undisturbed condition unless the applicant has demonstrated, to the satisfaction of the Department, that reasonable efforts have been made to protect them and the plan cannot be reasonably altered: ... ... D. Trees that are a part of an historic site or are associated with an historic structure or have been designated by the state or the Department as a national, state or county champion tree. E. Any tree having a diameter measured at 4.5 feet above the ground of: (1) Thirty inches or more; or (2) Seventy-five percent or more of the diameter, measured at 4.5 feet above the ground, of the current state champion tree of that species, as designated by the Department of Natural Resources.
Full Breakdown
Wicomico County does not run a separate heritage-tree registry; instead it protects historically and physically significant trees through the same forest conservation review that applies to any regulated activity on a parcel of 40,000 square feet or more. Section 126-11, Subsection D, singles out any tree that is part of a historic site, associated with a historic structure, or formally designated by the state or Wicomico's own Department of Planning, Zoning and Community Development as a national, state, or county champion tree, meaning the largest known specimen of its species.
5 feet above the ground, or one at least 75% of the diameter of the current state champion of its species, must be treated as a priority-for-retention tree. Under the chapter's general rule, these trees are to be left undisturbed in a forest conservation plan unless the applicant demonstrates to the Department's satisfaction that reasonable protective efforts have been tried and the site plan genuinely cannot be altered to save them. The requirement functions alongside, not instead of, the county's separate champion-tree definitions in § 126-3.
Because the protection is triggered only through the development review process, a homeowner cutting a large or historic tree outside a regulated 40,000-square-foot activity is not independently reached by this section; the practical protection applies to builders and subdividers, not routine residential yard work.
Violations & Fines
A forest conservation plan that fails to protect a qualifying champion or historic tree, or a developer who clears one without Department sign-off, is subject to the same enforcement scheme as any Ch. 126 violation: a noncompliance fee of $0.30 per square foot under § 126-26, a civil infraction of up to $1,000 for each day the violation continues, and possible suspension or revocation of the forest conservation plan under § 126-27.
Frequently Asked Questions
Does Wicomico County have a heritage or landmark tree ordinance?
What size tree gets automatic protection?
Can a protected champion or historic tree ever be removed?
Sources & Official References
Other rules in Wicomico County
Compare Wicomico County to another location·View the Maryland tree protection overview
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