Do You Need a Permit to Cut Down a Tree in Southern Maryland?

If you’re planning to cut down a tree in Southern Maryland, don’t fire up the chainsaw just yet. Depending on where the tree is located, and the rules in your county, you may need a permit before any work begins. Here’s a breakdown of what property owners should know.

Roadside Trees: Always Regulated

The most important distinction in Maryland’s tree laws is between private trees and roadside trees.

A roadside tree is defined as any tree that grows in full or in part within a public road right-of-way. That includes trees you see along highways, neighborhood streets, or rural county roads.

For these trees, the Maryland Roadside Tree Law applies. It requires you to obtain a permit from the Maryland Department of Natural Resources (DNR) Forest Service before you prune, trim, or remove them.

Why the rule exists:

• Roadside trees impact traffic safety.
• They can interfere with power lines or underground utilities.
• They are considered public resources, not just private property.

Exceptions: The only time you may not need to wait for a permit is if the tree poses an immediate danger — for example, if it’s uprooted during a storm, hanging over live wires, or split and about to fall. Even then, homeowners are expected to notify the DNR afterward so records are clear.

👉 Key takeaway: If the tree touches or grows near a road, assume you need a permit.

Private Property Trees: More Flexible

For trees located entirely on your private property, the rules are more lenient. In most cases, you do not need a state permit to cut them down. However, there are two major caveats:

1. Critical Environmental Areas – Much of Southern Maryland falls within the Chesapeake Bay Critical Area, which has its own regulations.

2. County Rules – Local governments may have ordinances that restrict tree removal in certain zones, especially where forest conservation easements or wetlands are present.

If your tree is healthy, located in your backyard, and outside regulated zones, you’re usually free to remove it without any government paperwork. Still, double-checking with your county’s planning or zoning office is wise — especially since penalties for cutting without approval can include fines or required replanting.

The Chesapeake Bay Critical Area

The Chesapeake Bay Critical Area Law applies to all land within 1,000 feet of tidal waters and wetlands. This zone covers large portions of Calvert, St. Mary’s, Charles, Anne Arundel, and Prince George’s counties.

If your property lies in this area, you cannot remove trees without county approval. The reason is simple: trees near tidal waters prevent erosion, protect wildlife habitats, and reduce stormwater runoff into the Bay.

Rules to know:

• You’ll almost always need a permit from your county’s planning office.
• You may be required to plant replacement trees or shrubs at a 1:1 or greater ratio.
• Unauthorized removal can result in fines and mandatory replanting.

👉 Key takeaway: If you live near water, assume a permit is required.

County-Specific Examples

Charles County

If your property falls within a Chesapeake Bay Critical Area overlay, you must obtain authorization before removing a tree. The county requires documentation, including the reason for removal and a replanting plan. Outside of those zones, a single tree on private land can often be removed without a permit.

St. Mary’s County

Here, roadside trees fall under the Department of Public Works and Transportation. If the tree is adjacent to a county-maintained road, you need clearance. For private, non-protected areas, the rules are more lenient, but again, it’s best to confirm with local planning and zoning.

Prince George’s County

For most single-family homes, you don’t need a permit to remove one tree. But there’s a catch. If you’re clearing more than 5,000 square feet of tree canopy for development or major grading, you’ll need to go through the permit process.

Takoma Park and Chevy Chase

Municipalities like Takoma Park are especially strict. In some towns, any tree with a diameter greater than 7.5 inches measured at 4.5 feet above ground is protected. You’ll need a tree impact assessment and a permit before you proceed.

What If the Tree Is Dangerous?

Many homeowners wonder if they can remove a dangerous tree without going through the permit process.

The law makes allowances for immediate hazards, for example, a tree that is:

• Leaning into a home.
• Cracked or split after a storm.
• Already in contact with utility lines.

In these situations, the tree can often be removed right away. However, counties may still ask for documentation or require replacement plantings afterward.

👉 Tip: Take photos of the tree before and during removal to prove it was hazardous.

Consequences of Cutting Without a Permit

Failing to follow the rules can lead to:

• Fines from your county or the state.
• Mandatory replanting, often at higher ratios than if you had applied for a permit.
• Delays in property projects if your violation affects zoning approvals.

The penalties can cost far more than the time it takes to confirm permit requirements.

How to Apply for a Tree Removal Permit

If the tree you want to remove is within a public road right-of-way in Southern Maryland, you’ll need a Tree Removal Permit from the Maryland DNR Forest Service. Here’s how the process works:

1. Get the application form – Download the “Roadside Tree Removal Permit” from the Maryland DNR website.
2. Provide details – List the property address, owner’s information, and the reason for removal (hazard, disease, development, etc.).
3. Pay the fee – A $25 application fee is required for most homeowners.
4. Submit your application – File it online through the DNR portal or send it to your regional forestry office.
5. Inspection – A Forest Ranger will visit the site to verify the tree’s condition and location.
6. Permit decision – If approved, the permit will specify removal conditions, such as replanting requirements or supervision by a Licensed Tree Expert (LTE).
7. Keep the permit on-site – During removal, the permit must be available, and an LTE may need to oversee the work.

👉 Permits are valid for one year. If the removal doesn’t happen within that time, you’ll need to reapply.

Need Help With Permits?

Navigating Maryland’s tree removal laws can feel overwhelming, especially when permits and county rules come into play. The good news is you don’t have to figure it out on your own.

At Empire Tree Services, we handle more than just tree care – we guide homeowners through the permit process so your project stays safe, legal, and stress-free. Whether you’re dealing with a roadside tree, a Critical Area property, or an emergency removal, our team knows the regulations and can help you every step of the way.