Programs & Regulations Roadside Tree Law Summary

The Maryland Roadside Tree Law

.04 Types of Roadside Tree Care Permits

A. Roadside tree care permits are of two types:

(1) Permits used for a specific tree or group of trees for specific tree care operations for a term not exceeding 1 year from the date of issuance; and (2) Permits issued for comprehensive and continuing programs of general tree care such as those administered by State agencies, counties, municipalities, corporations, and public utilities.

B. Permits issued under A(2) of this regulation are issued only for specified types of tree care, based upon the skills of those supervising the program.
C. For tree care not authorized in a permit issued under A(2) of this regulation, a permittee shall obtain a separate tree care permit,
D. Permits are issued for a calendar year, and may be renewed upon application.

.05 Issuance of Roadside Tree Care Permits

A. A request for a roadside tree care permit:

(1) May be made by:

(a) A person owning title to the land on which the tree or trees are located,
(b) A governmental entity possessing an easement for the public road right-of-way in which the tree or trees are located,
(c) A person responsible for providing tree care to the tree or trees,
(d) A person whose property abuts the right-of-way at the point at which the tree or trees are located,
(e) A public utility, or
(f) An authorized agent of one of the entities in A(l)(a)-(e) of this regulation; and

(2) Shall be made by an applicant to the appropriate office of the Forest Service.

B. Following a request for a permit, a representative of the Forest Service shall meet with the applicant and conduct an on-site examination of the proposed tree care.
C. For permits authorizing continued tree care programs under Regulation .04A(2) of this chapter, an examination is necessary only as specified in the permit. An examination is not required for the renewal of the permit.
D. The Forest Service may issue a permit for tree care if the applicant shows that the proposed tree care will meet one of the following conditions:

(1) Eliminate a hazard to property, public safety, or health;
(2) Improve or prevent a deteriorated tree condition; or
(3) Improve the general aesthetic appearance of the right-of-way.

E. Unless exempted by the Forest Service, if a tree is removed ft shall be followed by replanting of a species on the recommended tree list that is suitable to the location.