Reforestation, Roadside Tree Law and Planting Programs

Reforestation

Trees and plants not only beautify our communities; they also play a vital role in keeping our environment healthy. However, trees and forested areas must sometimes be removed to provide space for roadway improvement projects. That is why the Maryland Department of Transportation State Highway Administration (SHA) established reforestation and planting programs. We consider protection of these natural resources a key part of our mission.

When a project is planned, we locate nearby trees and determine how they might be affected by our work. This first step also includes determining if any trees or plants within a project area are rare, threatened, or endangered. Special consideration is given to preserving these types of species. In the next step we review a project’s design with the community and other stakeholders to reduce impacts. Sometimes trees must be removed. When this is the case, we follow laws and regulations and make sure new trees are planted to replace those that are removed.

More than just meeting legal obligations, SHA’s reforestation and planting programs focus on restoring the quality of forested areas, ensuring a viable home for Maryland’s vast array of wildlife. We established these programs to “green” Maryland's roads and highways.

The Million Tree Initiative is a great example of SHA’s commitment to reforestation. In 2009, we started working with other State agencies on the Million Tree Initiative with the goal of planting one million trees in Maryland by the end of 2011. SHA provided $800,000 in funding through a Transportation Enhancement Program grant and planting-site reviews to meet environmental requirements. By May 2011, Initiative partners exceeded the goal. A benefit analysis calculated that the million trees planted can absorb 10 million gallons of polluted stormwater every year, preventing pollutants from entering the Chesapeake Bay watershed. As the trees grow, so do their environmental benefit: In 15 years, the mature trees should ‘scrub’ up to eight times more stormwater.

Various communities throughout the state participate in our Partnership Planting program to restore flowers, trees, and other plants in their own neighborhoods. If you’re interested in learning more or getting involved in a partnership program, see the resources listed here or contact us at [email protected].

Maryland's Roadside Tree Law Summary

Passed in 1914, this law and its regulations protect our roadside trees by ensuring their proper care and protection adjacent to public utilities.

Millions of trees grow along the more than 30,000 miles of Maryland roads. These trees are an important community resource. They provide aesthetic, environmental, economic and social benefits.

The Maryland Department of Natural Resources (DNR) Forest Service protects trees along our public road right of way through enforcement of the Maryland Reforestation Law.

Trimming or Removing a Roadside Tree

A roadside tree is any tree that grows entirely or in part within a public right of way. Before you remove, trim, or care for a roadside tree, you must obtain a Tree Care Permit from the Maryland DNR Forest Service. A permit also is required when underground construction, such as tunneling, trenching, or boring, impacts a roadside tree's roots. You also need a permit to plant a tree within the public road right of way.

Roadside Tree Law Permit Application

Any work (except the removal of a tree included under a permit) performed on a street tree for compensation must be done by a roadside tree care expert (employed by a public agency) or a licensed tree care expert.

If you perform care on a roadside tree without a permit, you may receive a fine or more severe penalty from the Department of Natural Resources.

How to Apply for a Permit

Request a permit at the Maryland DNR Forest Service office in the DNR region where the tree is growing. Include the location (street address) of the tree or thicket, adjacent property owners' names and addresses, the type of tree care requested and why care is needed.

If the request is approved, the property owners who have the roadside tree within the public road right of way in front of their property must sign the application. The submittal and a fee can be handled by an agent (licensed tree expert) of the owner at the owner's expense.

The Application Review Process

After the request has been received by the local DNR Project Office, the review process will be as follows:

A forest ranger will complete an on-site examination to determine if the proposed tree care is necessary. The ranger can approve, modify, or deny the application.
Per on-site observations, recommendations are added to the application, which is then returned to the applicant.
If your application is denied, you will receive an explanation of the decision and possible corrections with the returned application.
If your application is approved, the property owners must sign the application and return it to the Maryland DNR Forest Service office shown on the application.

Upon approval and receipt of the signed application and fee, DNR will mail a permit to the address on the application.

Reforestation Law 5-103 Summary – Affected Parties

The Maryland Reforestation Law protects Maryland's forests from removal without adequate replacement. This law requires an acre-for-acre replacement of forest removed during road construction. The law also specifies the minimum required plantings and planting locations. The Maryland Department of Natural Resources (DNR) Forest Service is responsible for administering this law.

Reforestation Site Review (RSR)

Reforestation Law - Summary to Construction Agencies

The following summary was prepared by DNR Public Lands Forest Service to highlight significant aspects of the Natural Resources Article, Section 5-103.

Affected Parties

1a. All units of government or person(s)/projects using State funding.
2a. All above parties clearing one acre or more of forest land due to construction activities (see attached Reforestation Law for definition of "forest")
3a. All non-highway, public, State funded projects let out for construction bid after July 1, 1992 must conform to Forest Conservation Act (F.C.A.) requirements.
Note
The intent of the law is to preserve existing forest land. Every effort must be made not to remove the forest! However, if forest land removal must occur, it should be minimal and must be replaced per the following requirements.

Main Requirements

1b. Forest replacement shall occur on a one-to-one basis, on public lands.
2b. Constructing agency must locate reforestation/afforestation sites (per item 1b, above and item 1c below).

Contact

For additional assistance, contact the SHA Office of Environmental Design at contact us at [email protected].