Wicomico County, MD Tree Protection: Protected Tree Species (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.
§ 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?
Can a builder remove a protected plant if it's in the way?
What happens if a developer clears protected vegetation anyway?
Sources & Official References
Other rules in Wicomico County
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