Do you need a permit?
Yes — a permit is required
Gaithersburg has the lowest threshold in Maryland and one of the lowest anywhere. The city says it in its own words: "A Tree Removal Permit is required for tree removal on private property," and the trees it reaches are "any trees with a caliper of more than two inches, as measured at four inches above ground level." That is a sapling. The permit is genuinely cheap at $5 per tree plus a 10 percent automation fee, and the city processes them over the counter or through its online portal, so this is a real filing homeowners make routinely rather than a development-only formality. Removing a tree without one draws a $500 fine.
Size threshold
City Code section 21-10 exempts only "the transplantation or maintenance of commercial nursery stock or in any case to trees with a caliper of two inches or less, as measured at four (4) inches above ground level." The city restates that as "any trees with a caliper of more than two inches, as measured at four inches above ground level." Note that caliper here is measured at four INCHES above ground, not at four and a half feet, so it captures far more than a DBH rule of the same number would.
What's protected in Gaithersburg
- Every tree on private property over two inches caliper. Section 21-10: "It is unlawful for any person to remove, relocate or top any tree on private property within the city without first having received a permit for the same from the city manager." Relocating and topping count, not just felling.
- Specimen trees nine inches caliper or larger, where the city warns that an "Arborist's report may be required to determine survivability."
- Trees on a historically designated site or in a historic district — the Brookes, Russell and Walker District or the Chestnut/Meem Historic District — which also need a Historic Area Work Permit from the Historic District Commission.
- Trees shown on an approved site plan: "If the tree is part of an approved site plan, the tree must be replaced per staff's instructions."
- Trees in the public right-of-way, which are a different and stricter regime. Section 21-5 makes it "unlawful for any person to damage, cut, destroy, top, or injure any tree, shrub or plant planted in the public right-of-way or upon any park or public property."
- Forest on a lot where you are building. Chapter 22 catches "a person required by law to obtain special exception approval or a sediment control permit for a proposed land-disturbing activity on an area of land twenty thousand (20,000) square feet or larger" — a lower trigger than the state 40,000 square foot floor.
How to apply in Gaithersburg
- 1
Visit the Online Permits Portal to submit online, or complete an application in person at City Hall, 31 South Summit Avenue.
- 2
Include a Site Plan or House Location Plat and show the tree or trees to be removed.
- 3
Include photographs of the trees.
- 4
Pay the fee: $5 per tree, plus a 10 percent automation fee.
- 5
Attach an arborist's report or tree service evaluation. The city notes an arborist's report "may be required to determine survivability for specimen trees 9\" in caliper or larger."
- 6
Obtain a Historic Area Work Permit if the tree is on a historically designated site or in a historic district.
- 7
For an emergency or hazardous tree, add photos "that include the 'target' or structure at risk in the event of tree failure, showing distance to tree," plus "At minimum, 3 photos to show canopy, trunk, and root flare in addition to photos of specific areas of defect and associated statements describing how they are a risk."
Fees, penalties, and the ordinance
- Fee
- The city publishes it plainly in its own application steps: "Pay fee ($5 per tree, plus 10% automation fee)." No separate inspection or review charge is published for a residential tree removal permit.
- Penalties
- The city states it directly: "A fine of $500 may be issued for removing a tree without a permit." Section 21-13 supplies the mechanism: "Violations of this chapter are declared to be municipal infractions and enforceable pursuant to the provisions of section 1-9," with the maximum penalty set by council resolution, and the city may also seek injunctive or mandamus relief. Separately, section 21-12 lets the city manager order removal of a hazardous private tree at the owner's expense and, if the owner does not comply, "the costs and expenses or correcting the violation may be assessed as a lien against the subject property and be collected in the same manner as property taxes."
- Ordinance
- City of Gaithersburg Code, Chapter 21 — Trees and Vegetation, sections 21-1 through 21-13. The operative private-property provision, section 21-10, derives from Ord. No. O-17-87, section 9-7, adopted August 3, 1987, and was amended by Ord. No. O-16-91, 7-1-91 and Ord. No. O-21-92, 12-7-92. Chapter 22 — Trees and Forest Conservation is separate and much newer: sections 22-3 and 22-4 were adopted by Ord. No. O-07-26 on June 1, 2026, which rewrote the applicability and exemption provisions.
Worth knowing
- The two-inch caliper trigger is measured at four inches above the ground, which is unusual. Most ordinances measure at four and a half feet. A young tree that would be well under a 2-inch DBH rule can easily exceed 2 inches caliper down at ankle height.
- Gaithersburg is a city inside Montgomery County, and the city ordinance is what governs a Gaithersburg address — not the county rules that apply in unincorporated Germantown or Silver Spring. Do not assume the county answer.
- Chapter 22 was rewritten on June 1, 2026 by Ord. No. O-07-26. Anything written about Gaithersburg forest conservation before mid-2026 should be re-checked. The single-lot exemption now runs to "An activity conducted on an existing single lot zoned residential, a linear project or dwelling unit, single-family of any size" that does not clear more than 10,000 square feet of forest, is on a recorded plat, does not touch a previously approved forest conservation plan, and is covered by a declaration of intent.
- Right-of-way trees are not yours and neither the city nor you can shortcut the state. Section 21-9 makes it "unlawful for any private contractor or governmental entity to plant, trim, spray, remove or perform any other treatment to any tree, shrub or plant in the public right-of-way without first obtaining a permit from the state department of natural resources," and requires the city manager to file that application on your behalf.
- You are responsible for keeping your own trees clear of the street. Section 21-11 makes it unlawful to let a tree "hang over or branch in such a way as to obstruct or obscure street lights, traffic signs, traffic signals or pedestrian or vehicular access on public rights-of-way."
- The tree company you hire must hold a Maryland Licensed Tree Expert licence. Natural Resources Article section 5-417(a)(1): "A person may not engage in the work or business of a tree expert without a license issued under the provisions of this part." DNR runs a free lookup at dnrweb.dnr.state.md.us/forests/tree_expert_search.asp. Check it before you sign.
- Gaithersburg is not in the Chesapeake Bay Critical Area. The Critical Area Commission's own list of Critical Area planning and zoning contacts does not include Montgomery County, so the 1,000-foot tidal buffer rules that dominate Baltimore and Anne Arundel do not apply here.
What we could not confirm
We would rather tell you what we don't know than guess. Call the office below to confirm these before you cut.
- — How long a Tree Removal Permit takes to review, and how long it stays valid once issued. Neither is published.
- — Whether replacement planting is ever mandatory. The city page says "The replacement of trees is highly desirable" and describes staff recommendations, which reads as advisory outside historic districts and approved site plans, but the ordinance is silent and the city does not say so outright.
- — Whether the codified Chapter 21 text still matches what the city enforces. Section 21-10 has not been amended since 1992 while the city's public page and permit portal are current, and Chapter 22 was rewritten in June 2026 without a corresponding change to Chapter 21.
- — The Municode Gaithersburg code carries no "codified through" banner, so the currency of the online text could not be confirmed from the publisher.
- — Whether Gaithersburg holds its own annual blanket Roadside Tree Permit from DNR, or relies on Montgomery County's delegated authority. Section 21-9 says the city manager applies to DNR on the resident's behalf, which implies neither.
Sources
- City of Gaithersburg — Tree Removal Permits
- City of Gaithersburg — General Permits
- Gaithersburg City Code, Chapter 21 — Trees and Vegetation
- Gaithersburg City Code, Chapter 22 — Trees and Forest Conservation
- Maryland Natural Resources Article section 5-417 — tree expert licence required
- Maryland DNR — Licensed Tree Expert lookup
- Maryland Critical Area Commission — local planning and zoning contacts