Gaithersburg, MD Tree Protection: Tree Removal Permits (2026)

Montgomery County regulates tree removal through two primary laws. Chapter 22A, the Forest Conservation Law, applies to properties undergoing subdivision, development, or sediment control permits. Any tree with a diameter at breast height (DBH) of 6 inches or greater is subject to the law, and removal requires a forest conservation plan approved by the Montgomery County Planning Board (M-NCPPC). The law prioritizes avoidance of tree removal, then mitigation when removal is unavoidable. Specimen trees (30 inches DBH or larger for most species, 24 inches for certain species like American beech and white oak) receive the highest protection and require Planning Board approval for removal even if a forest conservation exemption applies. Chapter 49A governs roadside trees, which are trees within or overhanging the public right-of-way. These cannot be pruned, removed, or damaged without a permit from the Montgomery County Department of Transportation (MCDOT) tree section. Even homeowners cannot remove a roadside tree in front of their own property without MCDOT approval.