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The Maryland Roadside Tree Law

Roadside Tree Care Regulations

.02 Definitions

(10) "Roadside tree" or 'tree" means a plant that has woody stem or trunk that grows all, or in part, within the right-of-way of a public road.
(11) "Roadside tree care expert" means an individual representing a governmental agency who:

(a) Is designated to supervise that government's roadside tree planting and maintenance operations;
(b) Has passed the Forest Service's examination for licensed tree experts;
(c) Has been approved by the Forest Service as qualified to supervise that government's tree care program.

(12) 'Tree Care" means:

(a) Removal of a roadside tree;
(b) Planting or maintenance, or both, of a roadside tree;
(c) Application of pesticide to a roadside tree; or
(d) Treatment that may affect the health or growth of a roadside tree.

(13) "Tree care crew' means a unit from a public or private entity whose purpose is to maintain roadside trees as defined in B(l 0) of this regulation, characterized by a service truck and supervised by a licensed tree expert.
(14) 'Tree care standards" means tree care approved by the Forest Service and in accordance with the roadside tree care standards set forth in Regulations .07-.09 of this chapter.

.03 Permits Required

A. A person may cut down or prune a roadside tree without a permit if the tree:

(1) Is uprooted or its branches broken to contact telephone, telegraph, electric power, or other wires carrying electricity, or if the tree or its branches are an immediate danger to person or property; or
(2) Stands within the right-of-way of a public road which has not been surfaced with either stone, shell, gravel, concrete, brick, asphalt, or other improved surface material, and only if the tree is cut down and removed by, or at the request of, the abutting landowner for the landowner's own use.

B. Except as provided in A of this regulation, a person shall obtain a permit to perform tree care to a roadside tree.
C. A person providing tree care under A (1) of this regulation shall inform the Forest Service, by calling or writing within 1 week of the action taken, of the place or general area where that action was taken, and provide a proposed plan to upgrade the work, if necessary, to tree care standards. The Forest Service shall approve, modify, or reject a proposed plan within 2 weeks after an examination of the work.


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