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Montgomery County, MD Tree Protection: Parkway Planting (2026)

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

Key Facts

Governing provision
Montgomery County Code § 49-33(i)
Public ROW standard
DOT design standards
Private ROW standard
Planning Board Ch. 22A manual
Coordinating agencies
DPS, DOT, Planning Board staff

Summary

Street trees on Montgomery County road rights-of-way must follow Department of Transportation design standards; private-road plantings follow the Planning Board's Chapter 22A technical manual.

City-specific rules exist: Rockville has its own parkway planting rules that differ from Montgomery County's county-level regulations. If you live in Rockville, check the city-specific page instead.

On public road rights-of-way, street trees must be planted in accordance with design standards of the Department of Transportation. On private road rights-of-way and easements, street trees must be planted in accordance with the technical manual adopted by the Planning Board under Chapter 22A.

(2)   The Department of Permitting Services, the Department of Transportation, and the staff of the Planning Board should coordinate the specific location and species of street tree plantings to promote compatibility of the plantings with road function and safety, signage, maintenance, appropriate visual buffering, utilities, other public or private improvements, and aesthetic considerations related to streetscape design.

(j)   Ground cover.

(1)   A property owner may plant and maintain ground cover in a public right-of-way adjacent to the owner’s property if the owner:

(A)   complies with County regulations;

(B)   maintains the ground cover to prevent any obstruction of the public right-of- way prohibited under Section 49-10; and

(C)   holds the County harmless for any damage to the ground cover, and any damage or injury caused by the ground cover. However, ground cover in a public right-of-way adjacent to the owner’s property must not be planted where it will reduce public safety or impede travel.

(2)   In this subsection, property owner or owner includes each person

View 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

Montgomery County Code § 49-33(i) governs street trees planted along parkways and road rights-of-way. On public road rights-of-way, planting must follow Department of Transportation design standards. On private road rights-of-way and easements, planting must follow the technical manual the Planning Board adopted under Chapter 22A. The Department of Permitting Services, Department of Transportation, and Planning Board staff coordinate location and species selection for compatibility with road safety, signage, maintenance, utilities, and streetscape aesthetics. This applies to road construction and reconstruction subject to Chapter 49 right-of-way permits county-wide, but does not govern street trees inside Rockville, Gaithersburg, or Takoma Park, which administer their own road codes.

Violations & Fines

No fixed fine schedule is stated in this subsection; noncompliant plantings are enforced through the Chapter 49 road/right-of-way permit process administered by the Department of Permitting Services.

Frequently Asked Questions

Who sets the standards for street trees in Montgomery County?
The Department of Transportation sets design standards for public road rights-of-way under Code § 49-33(i)(1); private roads follow the Planning Board's Chapter 22A manual.
Does this rule apply inside Rockville or Gaithersburg?
No. Those municipalities administer their own road and zoning codes separate from the County Code.

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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