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Baltimore County, MD Tree Protection: Protected Tree Species (2026)

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

Key Facts

Regulated tract size
40,000 sq ft or more
Specimen tree threshold
30 in. diameter at 4.5 ft
Champion-relative threshold
75% of state champion's diameter
Protected legal bases
Federal/Maryland endangered species acts
Noncompliance penalty
$1.20 per sq ft out of compliance
Enforcing agency
Dept. of Environmental Protection and Sustainability
Governing law
County Code § 33-6-111(b), § 33-6-119

Summary

Baltimore County's Forest Conservation law requires developers disturbing 40,000 square feet or more to leave rare, threatened, or endangered trees and champion trees undisturbed unless they prove protection is impossible. County Code Article 33, Title 6 also protects any tree 30 inches or wider, or 75% the diameter of the state champion of its species, ahead of ordinary forest retention.

These county ordinances apply to unincorporated areas of Baltimore County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Retention. The following trees, shrubs, herbaceous 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 Department that reasonable efforts have been made to protect them, the plan cannot be reasonably altered, and the plan complies with all other applicable laws:(3)Trees, shrubs, or herbaceous plants determined to be rare, threatened, or endangered under:(i)The Federal Endangered Species Act of 1973;(ii)The Maryland Nongame and Endangered Species Conservation Act; and(iii)COMAR 08.03.08;(4)Trees that:(i)Are part of an historic site;(ii)Are associated with an historic structure; or(iii)Have been designated by the state or the Department as a national, state, or county champion tree; and(5)Any tree having a diameter measured at 4.5 feet above the ground of:(i)30 inches or more; or(ii)75% or more of the diameter of the current state champion tree of that species as designated by the State Department of Natural Resources.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 29 | Zoning Regulations: Supplement 10).

Full Breakdown

Section 33-6-111(b) sets a priority list of trees, shrubs, and areas that a forest conservation plan must leave undisturbed unless the applicant demonstrates to the Department of Environmental Protection and Sustainability that reasonable efforts have been made to protect them and the plan cannot reasonably be altered. Top of the list is vegetation in sensitive areas such as riverine floodplains, intermittent and perennial streams, forest buffers, steep slopes, nontidal wetlands, and critical habitat areas, followed by contiguous forest linking the largest undeveloped tracts on or near the site.

08. The same priority protects trees tied to history, meaning any tree that is part of a historic site, associated with a historic structure, or designated a national, state, or county champion tree by the State Department of Natural Resources. 5 feet above ground, or one measuring at least 75% of the diameter of the current state champion of that species. The requirement attaches to a regulated activity, meaning subdivision, development, grading, or logging on a tract of 40,000 square feet or more under Section 33-6-103, and runs through a forest stand delineation and forest conservation plan submitted under Sections 33-6-107 through 33-6-109 before a grading or building permit issues.

Violations & Fines

Cutting or clearing a protected tree without demonstrating the required hardship exposes the applicant to a noncompliance penalty of $1.20 per square foot of the area found out of compliance under Section 33-6-119(a), assessed by the Director of Environmental Protection and Sustainability, who also sets any mitigation terms after meeting with the responsible party. Section 33-6-120 lets the county seek an injunction to stop the violation and force restoration or reforestation of the disturbed area.

Frequently Asked Questions

Which trees does Baltimore County protect from removal during development?
Section 33-6-111(b) gives retention priority to trees in sensitive areas like floodplains and steep slopes, to any tree, shrub, or plant listed as rare, threatened, or endangered under federal or Maryland law, to trees tied to a historic site or structure, and to any tree designated a national, state, or county champion by the State Department of Natural Resources.
Does a big old tree get automatic protection even if it isn't endangered?
Yes. Section 33-6-111(b)(5) separately protects any tree measuring 30 inches or more in diameter at 4.5 feet above the ground, or one at least 75% the diameter of the current state champion of that species, regardless of whether it qualifies as rare or historic. Removing one requires showing the plan cannot reasonably be altered to avoid it.
What size project triggers Baltimore County's tree protection review?
Section 33-6-103 applies the forest conservation title to development, subdivision, grading, or logging on a tract of 40,000 square feet or more. Below that size, the priority retention list in Section 33-6-111(b) does not apply, though the county still encourages voluntary preservation of rare and champion trees on smaller lots.

Sources & Official References

Other rules in Baltimore County

All Baltimore County rules

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