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08.07.02.00.htm 08.07.02.00. Title 08 DEPARTMENT OF NATURAL RESOURCES Subtitle 07 FORESTS AND PARKS Chapter 02 Roadside Tree Care Authority: Natural Resources Article, §5-209 and 5-406, Annotated Code of Maryland
08.07.02.01.htm 08.07.02.01. 01 Purpose.. The purpose of these regulations is to implement Natural Resources Article, §5-401―5-406, Annotated Code of Maryland, to ensure the proper care of roadside trees in the interest of promoting and maintaining healthy trees and safe, unobstructed, and aesthetically pleasing public roads and rights-of-way.
08.07.02.02.htm 08.07.02.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Director” means the Director of the Department of Natural Resources ― Forest Service, or the Director’s authorized representative.2) "Dripline" is a line extending from the outer reaches of a tree crown vertically to the ground.. 3) "Forest Service" means the Maryland Forest Service.. 4) "Licensed tree expert" means a person licensed under Natural Resources A
08.07.02.02-1.htm 08.07.02.02-1. 02-1 Incorporation by Reference.. A. In this chapter, the following document is incorporated by reference.. B. Document Incorporated. American Standard for Nursery Stock, ANSI Z60.1-2014, Approved April 14, 2014.
08.07.02.03.htm 08.07.02.03. 03 Permit Required.. A. A person may cut down or prune a roadside tree without a permit if the tree:. 1) Is uprooted or its branches are broken to contact telephone, telegraph, electric power, or other wires carrying electricity, or if the tree or its branches are an immediate danger to person or property; or2) Stands within the right-of-way of a public road which has not been surfaced with either stone, shell, gravel, concrete, brick, asphalt, or other improved surface material,
08.07.02.04.htm 08.07.02.04. 04 Types of Roadside Tree Care Permits.. A. Roadside tree care permits are of two types:. 1) Permits issued for a specific tree or group of trees for specific tree care operations for a term not exceeding 1 year from the date of issuance; and2) Permits issued for comprehensive and continuing programs of general tree care such as those administered by State agencies, counties, municipalities, corporations, and public utilities.B. Permits issued under §A(2) of this regulation a
08.07.02.05.htm 08.07.02.05. 05 Issuance of Roadside Tree Care Permits.. A. A request for a roadside tree care permit:. 1) May be made by:. a) A person owning title to the land on which the tree or trees are located,. b) A governmental entity possessing an easement for the public road right-of-way in which the tree or trees are located,c) A person responsible for providing tree care to the tree or trees,. d) A person whose property abuts the right-of-way at the point at which the tree or trees are located,
08.07.02.06.htm 08.07.02.06. 06 Fees.. A. Fees for roadside tree care permits are calculated according to the following schedule:. 1) If Forest Service supervision of the proposed tree care is required for a permit under Regulation .04A(2) of this chapter, the fee for issuing the permit, and for supervising work authorized by the permit, is:a) $2,500 per year per tree care crew, or. b) $250 per month per tree care crew;. 2) The fee for issuing the permit and for supervising work authorized by th
08.07.02.07.htm 08.07.02.07. 07 Roadside Tree Care Standards.. A. General Requirements. Unless the Forest Service grants an exception, treatment of roadside trees authorized by permit shall be performed according to the following standards:1) Branches to be removed shall be cut back to a live lateral branch at least 1/3 the diameter of the severed branch;2) Cuts shall be made sufficiently close to the trunk or parent limb without cutting into the branch collar or leaving a protruding stub;
08.07.02.08.htm 08.07.02.08. 08 Use of Pesticides.. A. The use or application of a pesticide to a tree on a public road right-of-way in the State is controlled as follows:1) A person applying a pesticide to a roadside tree shall have acquired certification and licensure required by the Maryland Department of Agriculture and shall adhere to regulations in COMAR 15.05.01;2) A person applying a pesticide shall apply only those pesticides registered for that use by the U.S. Environmental Protecti
08.07.02.09.htm 08.07.02.09. 09 Roadside Tree Planting.. A. Trees to be planted on a public road right-of-way are subject to the conditions in §B and C of this regulation, in addition to conditions imposed by local ordinances.B. Trees shall be of a species and variety from the recommended tree list, and shall conform to the American Standard for Nursery Stock.C. Roadside tree planting shall comply with a planting plan approved by the Forest Service, which may include:2) Size and type of planting stock;.
08.07.02.10.htm 08.07.02.10. 10 Penalties.. Noncompliance with the provisions of this regulation constitutes a violation of law subject to the penalties provided in Natural Resources Article, §5-1301, Annotated Code of Maryland.
08.07.02.9999.htm 08.07.02.9999. Administrative History Effective date: March 16, 1977 (4:6 Md. R. 505). Chapter revised effective February 9, 1979 (6:3 Md. R. 149). Regulation .06A amended effective June 27, 1980 (7:13 Md. R. 1277) September 1, 1980 (7:17 Md. R. 1669) July 5, 1982 (9:13 Md. R. 1350) June 30, 1986 (13:13 Md. R. 1490) March 20, 1989 (16:5 Md. R. 627) September 2, 1991 (18:17 Md. R. 1918)Regulation .07A amended effective July 5, 1982 (9:13 Md. R. 1350).
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