Harford County, MD Tree Protection: Protected Tree Species (2026)
Key Facts
- Governing section
- Harford County Code § 267-39(D)
- Protected list source
- USFWS / Maryland DNR rare, threatened, endangered species
- Exemptions
- Dead, diseased or storm-damaged trees
- Waiver authority
- Director of Planning, hardship showing required
- DNR notice
- Within 15 days of waiver request
- Penalty
- Up to $1,000 per day civil penalty
Summary
In unincorporated Harford County, zoning code § 267-39(D) makes any tree, shrub or plant on the U.S. Fish and Wildlife Service or Maryland DNR rare, threatened or endangered species lists a retention priority during development review, requiring it stay undisturbed unless the Department of Planning and Zoning grants a hardship waiver.
D. The following trees, shrubs, plants and specific areas shall be considered priorities for retention and protection and shall be left in an undisturbed condition: (1) Trees, shrubs or plants identified on the list of rare, threatened and endangered species of the United States Fish and Wildlife Service or the State Department of Natural Resources; ... E. Subsection D of this section does not require retention of: (1) A tree that is dead or diseased; or (2) A tree that has been substantially damaged through natural causes and is not expected to survive. F. The Director of Planning may grant a waiver from Subsection D above if the applicant has demonstrated to the satisfaction of the Department that enforcement would result in unwarranted hardship.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4988582; v46 updated 2026-06-09; through 06-09-2026).
Full Breakdown
Section 267-39 of the Harford County Code, part of the zoning chapter's forest conservation article, lists trees, shrubs, plants and specific areas that development plans must leave undisturbed. S. Fish and Wildlife Service or the Maryland Department of Natural Resources; the applicant must show the Department that reasonable efforts were made to protect them and the site plan genuinely cannot be altered before disturbance is allowed. Subsection E exempts trees that are already dead or diseased, or so storm-damaged they are not expected to survive.
Where retention is genuinely impossible, § 267-39F lets the Director of Planning grant a hardship waiver, but only after the applicant documents special conditions peculiar to the property, shows enforcement would deny rights commonly enjoyed by others nearby, and confirms the hardship is not self-created and will not harm water quality. Under § 267-39G, the Department must notify the Maryland Department of Natural Resources of any waiver request within 15 days of receiving it. Forest retention easements tied to this article are also barred on residential lots under 20,000 square feet, and capped at 25% of lots between 20,000 and 60,000 square feet (§ 267-39H). This applies only in unincorporated Harford County; Bel Air, Aberdeen and Havre de Grace administer their own zoning.
Violations & Fines
A person who violates any provision of the forest conservation article, including the protected-species retention priority in § 267-39, is liable for a civil penalty of up to $1,000 per day under § 267-48A, recoverable by the Department of Planning and Zoning in a civil action. Clearing that departs from an approved forest conservation plan instead draws a penalty of $1.20 per square foot of the violating area under § 267-48B, with proceeds deposited into the County's forest conservation account.
Frequently Asked Questions
Does this rule apply inside Bel Air, Aberdeen or Havre de Grace?
Can a builder ever clear a protected species tree?
What if the tree is already dying?
What happens if a developer clears these trees without approval?
Sources & Official References
Other rules in Harford County
Compare Harford County to another location·View the Maryland tree protection overview
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