Tree Laws, Programs and Committees

Tree Canopy Law

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, 89.83KB) or read the full Tree Canopy Conservation Law ( PDF, 73KB)

Annual Reports

• 2021 Fiscal Year Report ( PDF, 2.6MB)

• 2020 Fiscal Year Report ( PDF, 1MB)

• 2019 Fiscal Year Summary ( PDF, 169KB)

• 2017 Fiscal Year Summary ( PDF, 134KB)

• 2017 Annual Report ( PDF, 950KB)

• 2016 Annual Report ( PDF, 1.4MB)

• 2015 Annual Report ( PDF, 1.1MB)

About the Tree Canopy Law

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 has to 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 farm land? Will 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 ia 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.

Additional Questions?

If you have additional questions about the Tree Canopy Law, email trees@montgomerycountymd.gov .

Looking for information about the Roadside Tree Law? View the Other County Laws section below.

Street Trees

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 remove street trees. Planting new street trees requires permits too. Looking for more info on these two laws? Visit the Other County Laws section below.  

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.

Other County Laws

Roadside Tree Law

The Montgomery County Roadside Tree Law and the Maryland Roadside Tree Law both work to conserve trees in the County’s right-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. 

• Visit the Department of Permitting Services to  obtain a County right-of-way permit

• Read the Montgomery County Roadside Tree Law

• Download the Roadside Tree Law Design Guidelines and Specifications 

• 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

If you feel that your neighbor’s tree is a serious hazard to your property, first try to resolve your concerns 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:

• Housing Code Enforcement Resources

• Code Enforcement Handbook

• Frequently Asked Questions

 

Forest Conservation Advisory Committee

The Forest Conservation Advisory Committee (FCAC), with its 22 voting members, represents 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 also has a number of duties. It must:

• 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 (  PDF, 25KB)

Are you interested in being a member? Do you know anyone who would be? Check out the position description and application process ( PDF, 62KB). 

Meetings

All FCAC meetings are open to the public. They are held in the DEP conference room at 255 Rockville Pike, Suite 120, Rockville, Maryland 20850. Meetings are scheduled from 5:00 pm to 6:00 pm.

2019 Meeting Schedule:

Meeting Minutes & Notes

Documents Developed by this Committee:

• Letter to the County Executive and County Council concerning ZTA 16-05, January 2017 ( PDF, 125KB)

• Letter to the County Council concerning the FY18 Budget, April 2017 ( PDF, 179KB)

• Letter to the County Executive and County Council concerning the emerald ash borer, November 2015 ( PDF, 997KB)

• Annual Report, May 2013 ( PDF, 83KB)

• Letter to the County Executive concerning administrative issues for Boards, Committees, and Commissions, April 2011  ( PDF , 49KB)

• Letter to the Planning Department concerning the zoning re-write project , June 2010  ( PDF , 531KB)

• Letter to the County Council concerning the street tree planting and maintenance budget for FY2011 ( PDF , 71KB)

• Letter to the County Executive and County Council concerning forest and tree items in the FY10 budget, May 2009    ( PDF , 34KB)

• Report to the County Council concerning Bill 37-07, Amendments to the Forest Conservation Law, September 2008  ( PDF , 158KB)

Useful Links

• Reimbursement Form (for members only) ( PDF , 16KB)

• County Boards, Committees and Commissions website