Tree Laws and Programs

The Tree Canopy Law requires property owners to plant new shade trees during development. Planting shade trees helps offset the impacts of development on the natural environment.  Download our fact sheet on the Tree Canopy Law (PDF) or read  Chapter 55 - Tree Canopy in the Montgomery County Code. This law requires an annual report. Read the most recent annual report, which includes data for all prior years.

Annual Report

Montgomery County Tree Canopy Law Annual Report - Fiscal Year 2022

Does removing a tree on my property count as development?

Development is when a property owner is required to get a sediment control permit in order to complete the work they are planning for their property. When development on a property is enough to require a sediment control permit, then the property owner must comply with the Tree Canopy Law. Most small tree projects on residential properties, like removing one or two trees, or trimming trees, do not require sediment control permits, and therefore, are not subject to this law.

What activities require a sediment control permit and need to follow the Tree Canopy Law?

The Tree Canopy Law only applies if a sediment control permit is required. A sediment control permit is required if an activity:

• disturbs more than 5,000 square feet of land including cutting trees
• constructs a new primary residential or commercial building; or
• moves 100 cubic yards or more of earth on or off the property.

These requirements were not changed by the Tree Canopy Law.

Am I required to plant trees if I want to remove a hazardous tree, or build a swimming pool, deck, garden, or playground?

No. Unless a sediment control permit is required you are not subject to this law. The Tree Canopy Law does not apply when hazardous trees are removed, or to build most decks or gardens.

However, many swimming pools do require a sediment control permit and may be subject to the law.

Why do we need to replace the trees?

Trees contribute to the economic and social vitality of every community. Trees clean the air and water, reduce the cost of cooling and heating homes and businesses, increase biodiversity and increase our general sense of well-being. We benefit tremendously from the wide array of values we get from trees, especially shade trees.

If I can’t, or simply don’t want to plant trees, what is the fee for each tree required as mitigation?

The Tree Canopy Law sets the fee at the current rate set by the  Department of Permitting Services for bonding a tree in the right-of-way. As of September 2013, the rate is $250 per tree.

How will the fees be used to plant trees?

Fees collected from the Tree Canopy Law will be used to establish new trees as close to the disturbed area as possible. The Tree Canopy Law limits the use of the fees to only planting trees. County staff cannot be hired with the funds nor can other tree budgets be supplanted by these funds. As of October 2016, nearly 2,000 shade trees were planted as a result of this law.

What about farmland? Do farmers have to pay fees?

No, most agricultural activities do not require a sediment control permit and therefore, the Tree Canopy Law does not apply. A few activities on farms, such as building a new house, do require a sediment control permit and are subject to the Tree Canopy Law.

Where do you get a sediment control permit?

Sediment control permits are processed through the Montgomery County Department of Permitting Services. The Tree Canopy Law is implemented along with the sediment control permit.

How is the Tree Canopy Law different from the Forest Conservation Law?

The Forest Conservation Law (FCL) generally applies to properties over 40,000 square feet when a sediment control permit is required or when subdivision occurs. Both laws require mitigation for disturbance to environmental resources, but they apply to different types of activities. The Tree Canopy Law does not apply to any activity that requires mitigation under the Forest Conservation Law (FCL). Some activities are exempt from mitigation under the FCL. In this case, both laws apply but mitigation is only required under the Tree Canopy Law.

Street trees are an important part of the County's tree canopy and urban forest. Street trees are those trees growing within public rights-of-way adjacent to streets and roads. They cover and shade asphalt and concrete and benches and bus stops. Street trees provide many benefits, including:

• Reducing summertime temperatures
• Reducing energy needs and costs of heating and cooling
• Reducing peak storm water flows
• Cleaning storm water runoff
• Removing air pollutants
• Slowing and calming traffic
• Increasing property values

Each spring and fall, hundreds of new street trees are planted in public rights-of-way throughout the County. The  Street Tree Planting Program is administered by the Department of Transportation (DOT). To request a new street tree or maintenance of an existing street tree, contact MC311 at  mc311.com or by calling 3-1-1.

Street trees are subject to two laws: the Montgomery County Roadside Tree Law and the Maryland Roadside Tree Law . Both apply to pruning, disturbing, or removing street trees. Planting new street trees requires permits.

Street tree plantings achieve multiple environmental objectives, such as:

• Reducing peak storm water flows
• Cleaning storm water runoff
• Removing air pollutants
• Reducing urban temperature impacts
• Reducing energy needs and costs of heating and cooling

Street trees are being planted in communities where satellite imagery has detected low tree canopy coverage. The emphasis is on planting in communities located within priority watersheds for water and air quality protection, as identified through the County Implementation Strategy.

Roadside Tree Law

The Montgomery County Roadside Tree Law and the Maryland Roadside Tree Law both work to conserve trees in the County’s rights-of-ways. These laws require residents who plan to plant, prune, disturb, or remove street trees to obtain permits. Therefore, two permits are required; one from Montgomery County and one from the State. In addition, if street trees are removed, both laws require replacements.

Montgomery County Roadside Tree Law

• Visit the Department of Permitting Services to  obtain a County right-of-way permit
• Read the Montgomery County Roadside Tree Law
  • Chapter 2-112 Jurisdiction
  • Chapter 8-26 Conditions of permit
  • Chapter 19-71 Tree Protection
  • Chapter 49 Sections 49-35 Right-of-way permit, 49-36 Permit conditions and procedures, and 49-36A Roadside tree work
• Download the Roadside Tree Law Design Guidelines and Specifications

Maryland Roadside Tree Law

• Visit the Maryland Roadside Tree Law informational website
• Download an application for a Maryland Roadside Tree Project Permit

Montgomery County Forest Conservation Law

Originally enacted in 1992, the Forest Conservation Law aims to save, maintain, and plant forested areas for the benefit of County residents and future generations. The Forest Conservation Law is implemented by the  Montgomery Planning Department.

The purpose of the law is to:

• Establish procedures, standards, and requirements to minimize tree loss as a result of development, and to protect trees and forests during and after construction or other land-disturbing activities
• Establish procedures, standards, and requirements for afforestation and reforestation of land, subject to an application for development approval or a sediment control permit
• Establish a fund for future tree conservation projects, including afforestation and reforestation
• Provide a focused and coordinated approach for County forest conservation activities.

Visit the Forest Conservation Law on Montgomery Planning's website to find out whether Forest Conservation provisions apply to you and to learn what you'll need to do to comply with the law.

Looking for information on the State's law? Visit the Department of Natural Resources Forest Service website on the  Maryland Forest Conservation Act.

Trees and the Law: Neighbor-Related Disputes

Maryland has adopted the “Massachusetts Self-Help Rule” that says you must assume responsibility for the care and preservation of your own property. This means that you can cut branches that hang over onto your property. However, you may not destroy the tree in the process, nor can you cut the tree down. 

Also, you must stop at the property line unless the neighbor has given you permission (it’s best to have it in writing). Any person who trespasses and removes trees or branches without an owner’s permission, unless they work for a public service company or a public roads agency, may be liable for any surveys or appraisals needed, court costs that may incur, and up to triple the amount of the value of the trees or timber cut. 

A Tree Fell onto My Property – Who is Responsible?

In Montgomery County, and all of Maryland, when a tree or its branches fall it is considered an “Act of God”. This means the portion of the tree and the damage from it that is on your property is your responsibility to clean up and repair. The portion of the tree and damage on neighboring properties is their responsibility. Such accidents, considered an ‘Act of God’, are typically covered by the affected owner’s insurance and are usually resolved by reporting a claim. 

An exception to this general rule is that the owner of the property where the tree originated may be responsible for damage to a neighbor’s property if the owner knew, or had good reason to know, that the tree presented a danger to adjoining properties. For example, if a tree had obvious signs of disease and decay, it may be fair to say that the owner had good reason to know that the tree would fail and, judging by its size and location, damage a neighbor’s property. Otherwise, if a hazardous condition is not known to the owner, the accident is considered an “Act of God” and the affected property owner is therefore responsible for the damage their property.

Is Your Neighbor’s Tree Hazardous?

If your neighbor has a tree that is hazardous to your property, first try to resolve your concerns directly with your neighbor. You may also file a complaint about a hazardous tree on a neighboring property, by contacting MC311 through the online complaint form or by calling 3-1-1. Additionally, the Montgomery County Department of Housing and Community Affairs have resources available on their website including frequently asked questions and housing code enforcement resources. 

The Forest Conservation Advisory Committee (FCAC) is currently inactive.

The committee includes 15 voting members, representing the public, various County departments, the County Planning Board, and the Washington Suburban Sanitary Commission in advising the Executive, Council, Planning Board, and other relevant agencies on forestry policy issues, laws, and guidelines.

The Committee’s duties include:

• Recommend a comprehensive approach to urban forestry
• Advise on a tree inventory
• Review and comment on policies and programs related to forestry
• Promote and seek funding for a sustained forestry program
• Promote and foster a strong sense of community through urban forestry
• Communicate with other boards, agencies, and community residents about forestry issues
• Promote volunteerism
• Act as a general information resource

Members serve 3-year terms without compensation but are eligible for reimbursement for travel and dependent care for the meetings they attend. Meetings are held at the call of the Chair but not less than nine times per year.

To learn more about the FCAC, read the enabling legislation in Chapter 22A-31 of the County Code.

Are you interested in being a member? Do you know anyone who would be? Contact MC311 by dialing 311 (or 240-777-0311 outside of the County) to request membership information from DEP's Forest Conservation Advisory Committee staff.

For more information about Montgomery County’s Boards, Committees, and Commissions, explore opportunities to serve.

Meetings

Currently, the FCAC is not meeting regularly. When a meeting is scheduled, it will be announced here. To be added to the email list, contact DEP FCAC through MC311. All FCAC meetings are open to the public.

Meeting Notes

2020

• February (PDF)
• October (PDF)
• November (PDF)

2019

• January (PDF) | January Presentation (PDF)
• February (PDF)
• March (PDF)
• April (PDF)
• May (PDF)
• June (PDF)

2018

• November (PDF)
• October (PDF)
• September (PDF)
• July (PDF)
• June (PDF)
• May (PDF)
• April (PDF)
• February (PDF)
• January (PDF)