Baltimore County, MD Tree Protection: Protected Tree Species (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.
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.
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?
Does a big old tree get automatic protection even if it isn't endangered?
What size project triggers Baltimore County's tree protection review?
Sources & Official References
Other rules in Baltimore County
Compare Baltimore County to another location·View the Maryland tree protection overview
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