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

The Worcester County Forest Conservation Law (§ NR 1-401(c)) applies only in the unincorporated areas of the County (§ NR 1-401(b)). Under § NR 1-403(a) it reaches any public or private subdivision plan or application for site plan approval, or grading or sediment control permit, on areas forty thousand square feet or greater, and § NR 1-403(b)(2) exempts activities in areas governed by the Chesapeake and Atlantic Coastal Bays Critical Area Protection Law.

Section NR 1-409(a) sets the heritage-tree tests. Three kinds of trees are named: trees that are part of an historic site, trees associated with an historic structure, and trees designated by the state or the Department as a national, state or county champion tree. Section NR 1-402 defines a champion tree as the largest tree of its species within the State of Maryland as set forth in the Worcester County Forest Conservation Manual. A separate size test covers any tree in healthy condition with a diameter, measured at four and one-half feet above the ground, of thirty inches or more, or seventy-five percent or more of the diameter of the current State Champion Tree of that species as designated by the Maryland Department of Natural Resources and listed in the Manual.

Protected trees are left in an undisturbed condition, with the exception of general woodlot management, unless the applicant demonstrates to the satisfaction of the Department that reasonable efforts have been made to protect them and the plan cannot be reasonably altered. Before cutting, clearing, grading or construction begins on a site for which a forest conservation plan is required, § NR 1-409(b) requires the applicant to employ the protective devices described in the Manual to protect retained trees and forest areas. A person who alleges an error in the application of the law can appeal a Department decision to the Board of Zoning Appeals under § NR 1-419.