EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*hb0362*
HOUSE BILL 362
M1 5lr0781
CF SB 290
By: Delegates Wolek, Korman, and Woorman
Introduced and read first time: January 16, 2025
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Natural Resources – Roadside Tree Removal Permit Notification Act 2
FOR the purpose of requiring an applicant for a roadside tree removal permit to provide 3
certain notice to certain persons in a certain manner; and generally relating to 4
roadside tree removal permits. 5
BY repealing and reenacting, without amendments, 6
Article – Natural Resources 7
Section 5–401 8
Annotated Code of Maryland 9
(2023 Replacement Volume and 2024 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Natural Resources 12
Section 5–406 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2024 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASS EMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Natural Resources 18
5–401. 19
In this subtitle, “roadside tree” means any tree or shrub growing within the 20
right–of–way of any public road. 21
5–406. 22
2 HOUSE BILL 362
(a) Except as provided in subsection (b) of this section, any person who desires to 1
cut down or trim any roadside tree shall apply to the Department for a permit. 2
(b) (1) A person may remove a tree or its branches without first obtaining a 3
permit from the Department if the tree is unrooted or its branches broken so as to contact 4
telephone, telegraph, electric power, or other wires carrying electric current, or if the tree 5
or its branches endanger persons or property. 6
(2) A tree may be cut down and removed by an abutting landowner for the 7
landowner’s own use without first obtaining a permit if the tree is standing within the 8
right–of–way of a public road which has not been surfaced with either stone, shell, gravel, 9
concrete, brick, asphalt, or other improved surface. 10
(c) (1) AN APPLICANT FOR A PE RMIT FOR ROADSIDE TREE RE MOVAL 11
SHALL PROVIDE NOTICE OF THE APPLICATION T O: 12
(I) ALL OWNERS OF PROPERTY ABUTTING AND ADJACEN T TO 13
THE PROPERTY SUBJECT TO THE APPLI CATION; AND 14
(II) THE GOVERNING BODY OF ANY COMMON OWNERSHIP 15
COMMUNITY THAT HAS C ONTROL OVER THE LAND ON WHICH THE TREE SU BJECT TO 16
THE APPLICATION IS L OCATED. 17
(2) THE APPLICANT SHALL P ROVIDE NO TICE BY CERTIFIED MAI L, 18
RETURN RECEIPT REQUE STED, IN THE FORM OF: 19
(I) A COPY OF THE APPLICAT ION; OR 20
(II) INFORMAT ION DESCRIBING HOW T HE APPLICATION MAY BE 21
ACCESSED ELECTRONICALLY . 22
(3) PROPERTY SEPARATED FR OM THE PROPERTY SUBJ ECT TO THE 23
APPLICATION BY A HIG HWAY OR OTHER PUBLIC RIGHT–OF–WAY SHALL BE 24
CONSIDERED ABUTTING AND ADJACENT . 25
(D) A person may not cut down, trim, mutilate, or in any manner injure any 26
roadside tree, except as authorized by this section, without a permit from the Department. 27
[(d)] (E) A county or municipality may not issue a building permit to an 28
applicant for any clearing, construction, or development that will result in the trimming, 29
cutting, removal, or injury of a roadside tree until the applicant first obtains a permit from 30
the Department in accordance with this section. 31
[(e)] (F) A person who trims, cuts, removes, or injures a roadside tree in 32
violation of a regulation adopted under § 5–402 of this subtitle or a permit issued under 33 HOUSE BILL 362 3
this section or who fails to obtain a permit as required by this section is liable for the 1
imposition of a penalty: 2
(1) Not exceeding $2,000 for a first offense; and 3
(2) Not exceeding $5,000 for a second or subsequent offense. 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2025. 6