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Wicomico 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 chapter
Ch. 126, Forest Conservation
Trigger
Parcels of 40,000 sq ft or more
Priority category
Rare, threatened, endangered plants
Noncompliance fee
$0.30 per square foot
Civil infraction
Up to $1,000 per day
Enforcing agency
Dept. of Planning, Zoning, Community Development

Summary

In unincorporated Wicomico County, § 126-11 of the Forest Conservation ordinance makes trees, shrubs and plants classified as rare, threatened or endangered a priority for retention on any site subject to a forest conservation plan. The Department of Planning, Zoning and Community Development may only let an applicant disturb them after showing reasonable protective efforts have failed and the site plan cannot be altered.

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

§ 126-11. Forest retention priorities. The following trees, shrubs, 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 satisfaction of the Department, that reasonable efforts have been made to protect them and the plan cannot be reasonably altered: ... ... C. 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. §§ 1531 through 1544 and in 50 CFR Part 17. (2) The Maryland Nongame and Endangered Species Conservation Act, Natural Resources Article of Annotated Code of Maryland, §§ 10-2A-01 through 10-2A-09, and COMAR 08.03.08.

Full Breakdown

Wicomico County's forest conservation law, Ch. 126, applies whenever a building permit, subdivision plat, stormwater plan or grading permit is sought on a parcel of 40,000 square feet or more in unincorporated Wicomico County (§ 126-2). Before the Department of Planning, Zoning and Community Development approves a forest conservation plan for that scale of activity, § 126-11 requires the applicant to identify and protect several categories of priority vegetation, including, at Subsection C, any tree, shrub or plant found to be rare, threatened or endangered under the federal Endangered Species Act of 1973 or Maryland's Nongame and Endangered Species Conservation Act.

These plants must be left undisturbed unless the applicant proves to the Department's satisfaction that reasonable protective efforts have been exhausted and the development plan genuinely cannot be redesigned around them. The requirement sits alongside separate priority categories for floodplain and stream-buffer vegetation, contiguous forest tracts, and historic or champion trees, so an endangered-species finding is only one of several triggers that can force a redesign of a site plan. A landowner who disagrees with the Department's designation or plan conditions may pursue the chapter's appeals process under § 126-22.

30 per square foot of area found in violation, funds that go into the county's Forest Conservation Fund, plus a separate civil infraction of up to $1,000 per day under the same section. The Department can also issue stop-work orders and revoke an approved plan under § 126-27 if a violator fails to comply with an administrative order.

Violations & Fines

Violating the forest retention priorities in § 126-11 exposes a developer to the noncompliance fee in § 126-26: $0.30 per square foot of the area disturbed in violation, deposited into the county's Forest Conservation Fund, plus a civil infraction penalty of up to $1,000, with each day of continuing violation counted separately. The Department of Planning, Zoning and Community Development can also issue a stop-work order or revoke the forest conservation plan under § 126-27.

Frequently Asked Questions

Does Wicomico County protect endangered plant species on private land?
Yes, but only when a site triggers Ch. 126. Any parcel of 40,000 square feet or more in unincorporated Wicomico County that needs a building permit, subdivision plat or grading permit must file a forest conservation plan, and § 126-11.C makes rare, threatened or endangered trees, shrubs and plants a mandatory retention priority within that plan.
Can a builder remove a protected plant if it's in the way?
Only after showing the Department of Planning, Zoning and Community Development that reasonable efforts to protect the plant have been exhausted and the site plan genuinely cannot be redesigned around it, per § 126-11.
What happens if a developer clears protected vegetation anyway?
The county assesses a noncompliance fee of $0.30 per square foot under § 126-26, plus a civil infraction of up to $1,000 per day of continuing violation, and can revoke the forest conservation plan under § 126-27.

Sources & Official References

Other rules in Wicomico County

All Wicomico County rules

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