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The Maryland Roadside Tree Law

.07 Roadside Tree Care Standards

(2) If a trimmed tree dies within 1 year or is in poor condition of growth as a result of that trimming, the permittee shall, if required by the Forest Service, remove the tree and plant replacement trees.
(3) Replacement trees shall be:

(a) Furnished by the permittee;
(b) In good condition;
(c) Of a recommended size and species, and
(d) Property planted at locations to be determined by the Forest Service.

C. Ground Disturbance Requirements.

(1) The requirements set forth in this section:

(a) Are intended to protect roadside trees during construction, installation, and maintenance of a structure requiring excavation;

(b) Apply to underground utilities such as:

(i) Sewers,
(ii) Water and gas pipes,
(iii) Storm drains;
(iv) Electric, telephone, and television cables or conduits,
(v) Sidewalks,
(vi) Driveways, or
(vii) Roadways or similar structures.

(2) A permittee shall take all necessary measures to protect roadside trees from damage during construction and associated activities.
(3) Damage sustained by a tree, such as broken limbs, roots, or scarred trunks, including compaction damage, shall be repaired by the permittee.
(4) The Forest Service shall supervise the measures taken to protect and repair roadside trees under this section.

D. Protection of Tree Roots.

(1) When an underground project subject to C of this regulation encounters the roots of a roadside tree, a permittee, in accordance with the guidelines in D(2)-(15) of this regulation or other criteria approved by the Forest Service, shall tunnel or bore under the tree continued or modify the project to protect the tree's root system.
(2) For trees under 6 inches in diameter as measured 4 1/2 feet above average ground level, all machine digging shall stop at the dripline of the tree, or where specified by the Forest Service.
(3) For trees over 6 inches in diameter as measured 4 1/2 feet above average ground level, all machine digging shall stop when roots of 1 inch or more in diameter are encountered, or, where specified by the Forest Service.
(4) Roots 1 inch or more in diameter may not be cut without approval of the Forest Service.
(5) A tunnel or other method of modification of the project under or around the tree shall be used if considered necessary by the Forest Service.

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