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Roadside Tree Protection Law

The Roadside Tree Protection Law becomes effective on March 1, 2014 and applies to work under building permits,
sediment control permits, and right of way permits whenever the proposed permitted activity involves the removal,
disturbance, or pruning of a tree within the County’s right of way.

When is a Roadside Tree Care Permit required and how is it obtained?

Answer: Any clearing, soil disturbance, storage, construction, or development that occurs in conjunction with a Building,
Sediment Control, or Right of Way Permit that will result in the trimming, cutting, removal, or injury of any tree located in
a County right-of-way requires the applicant to:

1. obtain a Roadside Tree Care Permit from the Maryland Department of Natural Resources
(for more info: http://www.dnr.state.md.us/forests/programapps/newrtlaw.asp);

2. obtain a Right of Way Permit from Montgomery County Department of Permitting Services (DPS) which will
require the submission of a tree protection plan (for more info contact:
[email protected])

Clearing, grading, stockpiling and


trenching activities can cause
negative impacts to the health
and structural integrity of right-
of-way trees. These impacts may
take years to become visible.

How can I tell if my project is likely to impact trees located in the right-of-way?
Answer: A wide-variety of construction activities have potential to cause serious injury to the trunk, crown and roots of trees.
You will need to determine if roadside trees adjacent to your project will be injured based on the specific construction activities
that will occur, and how likely those activities are to cause damage to above-ground and below-ground parts of trees. Cutting
and hitting trunks, bark, branches and roots are obvious examples of physical contact that can cause immediate harm to tree
health and structural integrity. However, many construction activities cause less visible, but serious harm to trees. These
activities include stockpiling of soil and building materials on roots; adding to, or compacting existing soil; spilling fuels,
solvents, paints and other hazardous materials near roots; incorporating construction debris into surrounding soils; trenching
for drainage, pipe installation and underground utilities; and, parking of heavy equipment and vehicles. These less obvious
injuries can take many years to become visible; often well-after construction is completed.

Stockpiling and parking equipment on top of Trenching can kill trees causing Hitting trees with equipment can lead to Compaction of soil within
roots in CRZ can cause serious harm to them to become safety hazards decay within trunks and roots, eventually the CRZ can cause decline
trunks and roots along roads and sidewalks causing trees to become unstable of the upper canopy
How can I take steps to protect roadside trees?

Identifying the Critical Root Zone (CRZ) during the early planning
stages of a project is key to protecting trees from construction
activities. The CRZ is a standard formula used to identify the minimal area
needed to protect trees during construction. The formula is easy to apply and
can be used to assess the level of impact your project will have on nearby trees.
Start by measuring the diameter of the tree’s trunk at 4 ½ feet from the soil
line, then multiply the diameter in inches by a factor of 1.5 feet. The resulting
number is equal to the size of a radius used to define a circular area
surrounding the tree that should be left undisturbed. Example:

Tree trunk diameter measured @ 4 1/2 feet = 12 inches


12 x 1.5 = 18
18 feet = size of radius used to define circular CRZ

Any construction activity proposed within the CRZ; or trimming, pruning or


scraping of trunks, bark and branches of roadside trees requires a right of way
permit. Plans submitted in conjunction with these permits must include a tree
preservation plan prepared by a Maryland Licensed Tree Expert. If a roadside
tree must be removed due to construction impacts, then the permit applicant
must address the loss by planting a tree in the right of way, and paying a $500
fee into the County's Street Tree Planting Fund. In order to avoid having to
meet these requirements you are strongly encouraged to identify
the CRZs of roadside trees and to take steps to avoid unnecessary
disturbance in these areas.

What practices can I use to protect trees during the construction phase?
Ÿ Discuss the need to protect trees with all contractors and subcontractors.
Ÿ Define a Tree Protection Zone by installing tree protection fence at the approved limits of disturbance.
Ÿ Install signs that clearly identify Tree Protection Zones at the limits of disturbance.
Ÿ Monitor and maintain Tree Protection Zone fencing and signage during active construction phases.
Ÿ Do not allow the storage or stockpiling of soil or building materials within Tree Protection Zones.
Ÿ Where possible use mulch, plywood, geotextile fabrics, and road mats to mitigate impacts to absorption roots when
the approved limits of disturbance occur within the CRZ.

Limits of
1. Snow fence Disturbance

Steel Stakes

Tree protection signs


2. Board fence
and fencing helps
4. Welded wire fence
keep construction
3. Plastic fence
activity and
personnel out of Tree Protection fence can take many forms
Tree Protection Zones but is most effective when
installed at the approved Limits of Disturbance.
Department of Permitting Services
255 Rockville Pike, 2nd Floor It is important to maintain the fencing
Rockville, MD 20850-4166 throughout the active
Phone: 311 in Montgomery County or (240)-777-0311
Fax (240)-777-6262 construction phase of projects
http://www. montgomerycountymd.gov/permittingservices/

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