It starts with the sediment control permit
When you build a new home in Montgomery County you need an engineered sediment control permit from the Department of Permitting Services, and stormwater management is handled as part of that permit (Montgomery County DPS). The same permit is needed for an addition that disturbs 5,000 square feet or more. The building permit can’t be issued until the sediment control permit is in place.
That permit is the trigger for the tree rules.
The Tree Canopy Law
Any project that needs a sediment control permit falls under the county’s Tree Canopy Law, Chapter 55 of the county code. You either plant new shade trees on the property or pay a fee for each tree you don’t plant, and the number of trees depends on how much land the project disturbs (Montgomery County DEP). The fees go only to planting trees, as close to your project as the county can manage.
Small redevelopment lots are a big share of this program. In the county’s 2022 report, permits disturbing less than 12,000 square feet made up about two thirds of all applications (Tree Canopy Law annual report). The per-tree fee is updated from time to time, so ask DPS or your builder for the current amount.
The Forest Conservation Law
The Forest Conservation Law generally applies to properties over 40,000 square feet when a sediment control permit is required, or when land is subdivided. It is administered by Montgomery Planning and can require a forest conservation plan, protection of existing forest and replanting. If your lot is close to an acre or more, or you plan to split it, ask about this early.
Street trees
Trees in the public right of way along the street fall under both the county and the Maryland Roadside Tree Laws. Removing or even pruning one needs a permit, and new driveway aprons often run into them.
How to plan for it
- Have a certified arborist look at the trees before you design. Saving a big tree can mean moving the house a few feet.
- Ask your builder to price tree protection (fencing at the root zone, no parking or stockpiling inside it) and the Tree Canopy planting or fee.
- Check the lot size. Over 40,000 square feet, plan time for forest conservation review.
- Talk to the neighbors about shared trees on the lot line before demolition starts.
Run the lot checker for the zoning, lot size and sewer category, and see building on your lot in Montgomery County for the rest of the permit steps.
