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

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

Key Facts

Governing law
Forest Conservation Ordinance, Rev. 7 (2014)
Champion tree diameter threshold
30 inches at 4.5 feet
Variance authority
Planning Commission, Article 15
Max civil penalty
$1,000 per day
Enforcing department
Washington County Dept. of Planning

Summary

Washington County's Forest Conservation Ordinance requires developers to leave rare, threatened or endangered trees and plants undisturbed, along with any tree designated a national, State, or county champion, unless the Planning Commission grants a variance.

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

8.2. The following trees, shrubs, plants, and specific areas are considered priorities for retention and protection and shall be left in an undisturbed condition unless the applicant has demonstrated, to the satisfaction of the Planning Commission that the applicant qualifies for a variance under Article 15 of this Ordinance. A. Trees, shrubs, or plants determined to be rare, threatened, or endangered under: (1) The federal Endangered Species Act of 1973 in 16 U.S.C. Sections 1531--1544 and in 50 CFR Part 17... C. Have been designated by the State or the Department as a national, State, or county champion tree; and D. Any tree having a diameter measured at 4.5 feet above the ground of: (1) 30 inches or more...

Full Breakdown

2 of the Washington County Forest Conservation Ordinance (Revision 7, effective November 18, 2014), certain trees, shrubs, and plants are ranked as priorities for retention on any site going through subdivision, site plan, or grading review by the Department of Planning. C. 08 must be left in an undisturbed condition. The same protection extends to trees on the Washington County Historic Sites Survey or National Register of Historic Places, and to any tree the State or the Department has designated a national, State, or county champion.

5 feet above ground, or 75 percent or more of the diameter of the current State champion of that species listed in Appendix N of the County's Forest Conservation Technical Manual. A developer can only clear a protected tree by demonstrating to the Planning Commission that the project qualifies for a variance under Article 15; absent that showing, the tree stays. 2A, C, or D, forcing full plan review whenever a champion or protected-species tree is at risk. Enforcement runs through Article 16: violations of the Ordinance, an approved forest conservation plan, or its 2-year maintenance agreement carry a civil penalty of up to $1,000 per day, plus Department authority to issue stop-work orders, revoke plan approvals, and compel restoration.

Violations & Fines

Removing or damaging a protected tree without an approved variance exposes the responsible party to a civil penalty of up to $1,000 under Article 16.2, with each day of continued violation counted separately. The Department or Board of County Commissioners can also issue a stop-work order, revoke the forest conservation plan, and sue to compel restoration or reforestation of the site.

Frequently Asked Questions

Can a homeowner cut down a county-designated champion tree?
Not on a site subject to forest conservation review. Article 8.2.C requires trees designated a national, State, or county champion to be left undisturbed unless the Planning Commission grants a variance under Article 15 after the applicant shows the project cannot reasonably be altered.
What counts as a protected large tree besides champions?
Article 8.2.D also protects any tree measuring 30 inches or more in diameter at 4.5 feet above the ground, or one that is 75 percent or more of the diameter of the current State champion of its species listed in the County's Forest Conservation Technical Manual, Appendix N.
What happens if a protected tree is removed without approval?
The responsible party faces a civil penalty of up to $1,000 per day under Article 16.2, and the County can issue a stop-work order, revoke the forest conservation plan, and sue to force restoration.

Sources & Official References

Other rules in Washington County

All Washington County rules

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