Montgomery County has some of the strictest tree protection laws in the region under Chapter 22A (Forest Conservation) and Chapter 49A (Roadside Trees). Removing any tree 6 inches DBH or greater on a development site requires a forest conservation plan. Roadside trees need county permission for removal.
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.
Unauthorized removal of a tree subject to Chapter 22A can result in fines up to $500 per tree plus mandatory mitigation planting. Specimen tree violations carry enhanced penalties. Roadside tree damage under Chapter 49A carries fines and required replacement at the violators expense.
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