Roadside Tree Permits Permit & Inspection Process
A roadside tree plan may be required when a construction activity is likely to impact trees located in the Montgomery County public right of way (roadside tree); or, prior to performing any tree work on any roadside tree. In these cases, a roadside tree plan must be submitted as part of a right of way permit; sediment control permit; or building permit application. A roadside tree plan may also be needed if a building or sediment control permit is likely to impact a tree in the State right of way. If a right of way permit is not required, the plan must be submitted as part of the building or sediment control permit application and these permits will not be issued until both the roadside tree plan and roadside tree project permit is approved by the Maryland Department of Natural Resources.
If a building or sediment control permit application is likely to impact a tree in State right of way, then a roadside tree plan must be submitted that includes tree protection or removal measures. In these cases, the roadside tree plan is submitted with the building or sediment control permit application. These permits will not be issued until the roadside tree plan is approved and a Roadside Tree Project Permit is approved by the Maryland Department of Natural Resources.
A permit is required to perform work on a roadside tree to eliminate a hazard to property or public safety. This may include tree removal, pruning, or stump removal.
A permit is required to plant a roadside tree.
If land disturbance or construction activities are likely to physically impact the critical roots, trunk, or branches of a roadside tree a tree protection plan must be submitted with the parent permit application, or separately even if the disturbance to the tree is outside of the public right of way.
Roadside tree protection plans may be required as part of a sediment control or building permit application.
In most cases, a Roadside Tree Project Permit from the Maryland Department of Natural Resources (DNR) will also be needed with a copy provided to DPS.
Plans should show roadside trees that are growing within 50 feet of the limits of disturbance and need to be depicted by trunk and critical root zone on a scaled plan. The trees should be designated as protected or removed depending on the severity of impact. Protection measures must be identified when trees are to be protected. Plans for tree removal should address stump removal, mitigation fees and tree replacement requirements.
Typically, a roadside tree plan will be reviewed within 2 – 3 weeks from submittal depending on DPS staff workload. Timing of final approval is dependent on successful compliance with county roadside tree requirements and approval of the Maryland Roadside Tree Project Permit.