Tree Removal Permits in Germantown, MD

Verified against Germantown city sources · last checked 2026-08-06

Do you need a permit?

It depends on the tree

Germantown has no city government. It is an unincorporated community in Montgomery County, so county law is the answer, and for the ordinary case the county answer is no. The county code says so expressly rather than by silence: section 19-2(b)(3) exempts from the land-disturbing permit "tree cutting that leaves the stump, ground cover, and root mat intact and which disturbs less than 5,000 square feet of tree canopy area." Read that carefully, because it has a condition most people miss — leave the stump and root mat. Grind or dig out the stump and you are back inside the permit test. What else triggers a permit is a tree in a road right-of-way, a conservation easement, a designated Champion Tree, or a historic site. And whoever you hire must be a Maryland Licensed Tree Expert.

Size threshold

Montgomery County sets no trunk-diameter threshold for removing a tree on private property. The threshold is canopy area. Montgomery County Code section 19-2(a): "Except as provided in this Chapter, a person must not engage in any land-disturbing activity without first obtaining a permit." Section 19-2(b) then exempts, among other things, "(3) tree cutting that leaves the stump, ground cover, and root mat intact and which disturbs less than 5,000 square feet of tree canopy area." The fallback exemption at 19-2(b)(1) covers "any minor land-disturbing activity that: (A) is not associated with construction of a new residential or commercial building; (B) involves less than 100 cubic yards of earth movement; (C) disturbs less than 5,000 square feet of surface area; (D) is not associated with a change of use from residential to any other use; and (E) is promptly stabilized to prevent erosion and sedimentation." Those five conditions are conjunctive — all of them must be met. The Forest Conservation Law is separate and "generally applies to properties over 40,000 square feet when a sediment control permit is required or when subdivision occurs."

What's protected in Germantown

Trees in any road right-of-way. The county: "A permit is required from Maryland for planting, pruning, or removing a tree from ANY right-of-way. This includes streets and roads maintained by villages, towns, cities, the County, and the State." On a county-maintained road you need TWO permits, one from the county and one from the state.
Trees in a conservation easement: "If the tree is in a conservation easement, then contact your Montgomery Planning Forest Conversation Inspector for permission to remove the trees."
Montgomery County Champion Trees, identified on the Forestry Board's Champion Tree Register. Removing or disturbing one requires permission from the Montgomery Planning Forest Conservation Inspector.
Trees on a historic site designated by the Montgomery Planning Department, which may need a Historic Area Work Permit.
Trees on a lot where you are doing enough work to need a sediment control permit, which brings in the Tree Canopy Law (Chapter 55) and, above 40,000 square feet, the Forest Conservation Law.
Trees on a lot inside an incorporated municipality, which are governed by that municipality instead. The county flags this itself: "Within Montgomery County, there are many incorporated cities, towns, and villages. Each of these may have their own codes and regulations regarding street trees and trees on private property."

How to apply in Germantown

1
Run the county's own checklist first, at montgomerycountymd.gov under Property Care, Trees and Forests, Tree Permits Removal and Concerns. If you answer no to every question, there is nothing to apply for.
2
If the tree is in any road right-of-way, apply to Maryland DNR for a Roadside Tree Project Permit. If the road is county-maintained, also apply to Montgomery County DPS: "Both permits are needed to work on trees in rights-of-way maintained by Montgomery County."
3
For the county roadside tree plan, apply electronically through DPS eServices or on paper at the DPS office, paying the non-refundable filing fee at application. Submit plans showing "roadside trees that are growing within 50 feet of the limits of disturbance ... depicted by trunk and critical root zone on a scaled plan."
4
Expect an urban forester review and a site visit. DPS: "Typically, a roadside tree plan will be reviewed within 2-3 weeks from submittal depending on DPS staff workload."
5
If you are disturbing more than 5,000 square feet, or building a new primary building, or moving 100 cubic yards or more of earth, apply to DPS for a sediment control permit — which pulls in the Tree Canopy Law and, over 40,000 square feet, the Forest Conservation Law.
6
For a conservation easement or a Champion Tree, contact the Montgomery Planning Forest Conservation Inspector for permission before doing anything.
7
For a hazardous tree, you may act first: "if a tree is found to be hazardous by a Maryland licensed tree expert (LTE) or certified arborist, the hazard may be removed as soon as possible by an LTE. The LTE must notify, in writing, the appropriate agency within 14 days." Note the limit — "all non-hazardous sections of the tree must remain until required permits are obtained."

Fees, penalties, and the ordinance

Fee: There is no county fee to remove an ordinary tree on private property because no permit is required. The fee that bites is the Tree Canopy Law mitigation payment where a sediment control permit is involved: "The Tree Canopy Law sets the fee at the current rate set by the Department of Permitting Services for bonding a tree in the right-of-way. As of April 30, 2024, the rate is $470 per tree. This rate will be adjusted on July 1 of each odd year." A Maryland DNR Roadside Tree Project Permit costs $25.00 for a non-public-agency applicant. Roadside tree plan permits carry a non-refundable DPS filing fee set by the DPS fee schedule.
Penalties: For roadside trees the state penalty applies directly. Maryland Natural Resources Article section 5-406(e) makes a person who "trims, cuts, removes, or injures a roadside tree in violation of a regulation adopted under section 5-402 of this subtitle or a permit issued under this section or who fails to obtain a permit as required by this section ... liable for the imposition of a penalty." Section 5-406(d) also bars the county from issuing a building permit for work that will injure a roadside tree until the state permit is in hand. On the private side, the county warns about trespass: "Any person who trespasses and removes trees or branches without an owner's permission, unless they work for a public service company or a public roads agency, may be liable for any surveys or appraisals needed, court costs that may incur, and up to triple the amount of the value of the trees or timber cut."
Ordinance: Montgomery County Code, Chapter 55 — Tree Canopy Law, which the county describes as requiring "property owners to plant new shade trees during development." Montgomery County Roadside Tree Law: Chapter 2-112 (jurisdiction), Chapter 8-26 (conditions of permit), Chapter 19-71 (tree protection), and Chapter 49 sections 49-35 (right-of-way permit), 49-36 (permit conditions and procedures) and 49-36A (roadside tree work). Montgomery County Forest Conservation Law, "Originally enacted in 1992," is implemented by the Montgomery Planning Department. State law on top: Maryland Natural Resources Article sections 5-401 through 5-411 (Roadside Tree Law) and 5-1601 through 5-1613 (Forest Conservation Act). The County Council considered Bill 18-25, Forest Conservation - Trees, at a public hearing on July 8, 2025.

Worth knowing

The Tree Canopy Law is not a tree removal law and the county says so. "Development is when a property owner is required to get a sediment control permit in order to complete the work they are planning for their property." And: "Am I required to plant trees if I want to remove a hazardous tree, or build a swimming pool, deck, garden, or playground? No. Unless a sediment control permit is required you are not subject to this law. The Tree Canopy Law does not apply when hazardous trees are removed, or to build most decks or gardens. However, many swimming pools do require a sediment control permit and may be subject to the law."
The two county tree laws do not stack. "The Tree Canopy Law does not apply to any activity that requires mitigation under the FCL. Some activities are exempt from mitigation under the FCL. In this case, both laws apply but mitigation is only required under the Tree Canopy Law."
Montgomery County is the one Maryland jurisdiction DNR names as holding delegated roadside tree authority. DNR sends residents to "Montgomery County Permits Office at (240) 777-6335 to obtain the county's roadside tree permit." That does not replace the state permit — the county is explicit that both are required.
Hiring is the regulated part. The county: "In Maryland, anyone being paid to work on, evaluate, give advice about trees must be licensed through the Maryland Department of Natural Resources Forest Service." The county publishes five hiring tips, including "Ask to see their Tree Expert license," "Ask for proof of insurance," and "Be wary of individuals who solicit business door-to-door." Verify at the Maryland Forest Service or call 410-260-8521. Maryland Licensed Tree Experts "are required to enter into a written contract with each client."
Maryland follows the self-help rule on branches. The county: "you can cut branches that hang over onto your property. However, you may not destroy the tree in the process, nor can you cut the tree down. Also, you must stop at the property line unless the neighbor has given you permission."
A fallen tree is normally yours to clean up. "In Montgomery County, and all of Maryland, when a tree or its branches fall it is considered an 'Act of God'." The exception is a known hazard: "the owner of the property where the tree originated may be responsible for damage to a neighbor's property if the owner knew, or had good reason to know, that the tree presented a danger."
Germantown is not in the Chesapeake Bay Critical Area. Montgomery County does not appear on the Critical Area Commission's list of Critical Area jurisdictions, and Germantown drains to Seneca Creek, which is not tidal.
Part of northern Germantown sits in a Special Protection Area. The Clarksburg SPA, designated by Council Resolution 17-1214 adopted September 16, 2014, reaches Germantown addresses in ZIP 20876. The better-known Ten Mile Creek SPA does not — it covers Clarksburg and Boyds. SPA rules are in Chapter 19, Article V (sections 19-60 to 19-67). Check your own address on the county SPA map at mcatlas.org/spa, or call DEP Watershed Management at 240-777-7736.
Check your HOA. The county puts it on its own checklist: "Do you live in a homeowner's association or civic association with rules or guidelines? If yes, check with your home owner's association or civic association directly." Much of Germantown is covenanted.

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.

— Whether Bill 18-25, Forest Conservation - Trees, heard by the County Council on July 8, 2025, was enacted, and if so what it changed. The council page for the hearing lists only written testimony and does not state the outcome. If you are researching Montgomery County forest conservation, check the current status of this bill before relying on older summaries.
— The exact DPS filing fee for a roadside tree plan permit. DPS says "A non-refundable filing fee must be paid at the time of application" and links a fee schedule, but no tree line item was read.
— The verbatim text of Montgomery County Code Chapter 55 (Tree Canopy Law) and Chapter 49 sections 49-35, 49-36 and 49-36A (roadside trees). The county code is published on American Legal, which blocks automated access intermittently; Chapter 19 was retrieved but those chapters were not. Provisions from Chapters 55 and 49 above are quoted from Montgomery County's own published summaries of its own law, which are primary but are summaries.
— Whether the 5,000 square foot figure on the county's public pages is measured the same way as the code. The code exemption at section 19-2(b)(3) is expressed in "tree canopy area" while the county web pages say variously "disturbs more than 5,000 square feet of land including cutting trees" and "disturbing more than 5,000 square feet of canopy or soil." All three phrasings are reported rather than reconciled.
— Whether any SPA obligation attaches to a homeowner in the Clarksburg SPA portion of Germantown who cuts a single tree with no construction. Section 19-62(b) frames SPA review around development, subdivision and site plan triggers, but the interaction with a bare tree removal is not addressed in any source located.

Sources

Who to contact in Germantown

Montgomery County Department of Permitting Services (right-of-way and sediment control) and Montgomery County Department of Environmental Protection (tree information). Forest conservation and Champion Trees are handled by the Montgomery Planning Department, a separate agency.

MC311: dial 311 in Montgomery County, or 240-777-0311 from outside. DPS roadside tree permits: 240-777-6335. DPS Director's office 240-777-6363. Maryland DNR Forest Service roadside tree program: 410-260-8510. Licensed Tree Expert verification: 410-260-8521. Official page

Department of Permitting Services, 2425 Reedie Drive, 7th floor, Wheaton, Maryland 20902. Monday to Friday, 7:30 a.m. to 4 p.m.

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Size threshold

What's protected in Germantown

Trees in any road right-of-way. The county: "A permit is required from Maryland for planting, pruning, or removing a tree from ANY right-of-way. This includes streets and roads maintained by villages, towns, cities, the County, and the State." On a county-maintained road you need TWO permits, one from the county and one from the state.

Trees in a conservation easement: "If the tree is in a conservation easement, then contact your Montgomery Planning Forest Conversation Inspector for permission to remove the trees."

Montgomery County Champion Trees, identified on the Forestry Board's Champion Tree Register. Removing or disturbing one requires permission from the Montgomery Planning Forest Conservation Inspector.

Trees on a historic site designated by the Montgomery Planning Department, which may need a Historic Area Work Permit.

Trees on a lot where you are doing enough work to need a sediment control permit, which brings in the Tree Canopy Law (Chapter 55) and, above 40,000 square feet, the Forest Conservation Law.

Trees on a lot inside an incorporated municipality, which are governed by that municipality instead. The county flags this itself: "Within Montgomery County, there are many incorporated cities, towns, and villages. Each of these may have their own codes and regulations regarding street trees and trees on private property."

How to apply in Germantown

1
Run the county's own checklist first, at montgomerycountymd.gov under Property Care, Trees and Forests, Tree Permits Removal and Concerns. If you answer no to every question, there is nothing to apply for.
2
If the tree is in any road right-of-way, apply to Maryland DNR for a Roadside Tree Project Permit. If the road is county-maintained, also apply to Montgomery County DPS: "Both permits are needed to work on trees in rights-of-way maintained by Montgomery County."
3
For the county roadside tree plan, apply electronically through DPS eServices or on paper at the DPS office, paying the non-refundable filing fee at application. Submit plans showing "roadside trees that are growing within 50 feet of the limits of disturbance ... depicted by trunk and critical root zone on a scaled plan."
4
Expect an urban forester review and a site visit. DPS: "Typically, a roadside tree plan will be reviewed within 2-3 weeks from submittal depending on DPS staff workload."
5
If you are disturbing more than 5,000 square feet, or building a new primary building, or moving 100 cubic yards or more of earth, apply to DPS for a sediment control permit — which pulls in the Tree Canopy Law and, over 40,000 square feet, the Forest Conservation Law.
6
For a conservation easement or a Champion Tree, contact the Montgomery Planning Forest Conservation Inspector for permission before doing anything.
7
For a hazardous tree, you may act first: "if a tree is found to be hazardous by a Maryland licensed tree expert (LTE) or certified arborist, the hazard may be removed as soon as possible by an LTE. The LTE must notify, in writing, the appropriate agency within 14 days." Note the limit — "all non-hazardous sections of the tree must remain until required permits are obtained."

Fees, penalties, and the ordinance

Fee

There is no county fee to remove an ordinary tree on private property because no permit is required. The fee that bites is the Tree Canopy Law mitigation payment where a sediment control permit is involved: "The Tree Canopy Law sets the fee at the current rate set by the Department of Permitting Services for bonding a tree in the right-of-way. As of April 30, 2024, the rate is $470 per tree. This rate will be adjusted on July 1 of each odd year." A Maryland DNR Roadside Tree Project Permit costs $25.00 for a non-public-agency applicant. Roadside tree plan permits carry a non-refundable DPS filing fee set by the DPS fee schedule.

Penalties

For roadside trees the state penalty applies directly. Maryland Natural Resources Article section 5-406(e) makes a person who "trims, cuts, removes, or injures a roadside tree in violation of a regulation adopted under section 5-402 of this subtitle or a permit issued under this section or who fails to obtain a permit as required by this section ... liable for the imposition of a penalty." Section 5-406(d) also bars the county from issuing a building permit for work that will injure a roadside tree until the state permit is in hand. On the private side, the county warns about trespass: "Any person who trespasses and removes trees or branches without an owner's permission, unless they work for a public service company or a public roads agency, may be liable for any surveys or appraisals needed, court costs that may incur, and up to triple the amount of the value of the trees or timber cut."

Ordinance

Montgomery County Code, Chapter 55 — Tree Canopy Law, which the county describes as requiring "property owners to plant new shade trees during development." Montgomery County Roadside Tree Law: Chapter 2-112 (jurisdiction), Chapter 8-26 (conditions of permit), Chapter 19-71 (tree protection), and Chapter 49 sections 49-35 (right-of-way permit), 49-36 (permit conditions and procedures) and 49-36A (roadside tree work). Montgomery County Forest Conservation Law, "Originally enacted in 1992," is implemented by the Montgomery Planning Department. State law on top: Maryland Natural Resources Article sections 5-401 through 5-411 (Roadside Tree Law) and 5-1601 through 5-1613 (Forest Conservation Act). The County Council considered Bill 18-25, Forest Conservation - Trees, at a public hearing on July 8, 2025.

Worth knowing

The Tree Canopy Law is not a tree removal law and the county says so. "Development is when a property owner is required to get a sediment control permit in order to complete the work they are planning for their property." And: "Am I required to plant trees if I want to remove a hazardous tree, or build a swimming pool, deck, garden, or playground? No. Unless a sediment control permit is required you are not subject to this law. The Tree Canopy Law does not apply when hazardous trees are removed, or to build most decks or gardens. However, many swimming pools do require a sediment control permit and may be subject to the law."
The two county tree laws do not stack. "The Tree Canopy Law does not apply to any activity that requires mitigation under the FCL. Some activities are exempt from mitigation under the FCL. In this case, both laws apply but mitigation is only required under the Tree Canopy Law."
Montgomery County is the one Maryland jurisdiction DNR names as holding delegated roadside tree authority. DNR sends residents to "Montgomery County Permits Office at (240) 777-6335 to obtain the county's roadside tree permit." That does not replace the state permit — the county is explicit that both are required.
Hiring is the regulated part. The county: "In Maryland, anyone being paid to work on, evaluate, give advice about trees must be licensed through the Maryland Department of Natural Resources Forest Service." The county publishes five hiring tips, including "Ask to see their Tree Expert license," "Ask for proof of insurance," and "Be wary of individuals who solicit business door-to-door." Verify at the Maryland Forest Service or call 410-260-8521. Maryland Licensed Tree Experts "are required to enter into a written contract with each client."
Maryland follows the self-help rule on branches. The county: "you can cut branches that hang over onto your property. However, you may not destroy the tree in the process, nor can you cut the tree down. Also, you must stop at the property line unless the neighbor has given you permission."
A fallen tree is normally yours to clean up. "In Montgomery County, and all of Maryland, when a tree or its branches fall it is considered an 'Act of God'." The exception is a known hazard: "the owner of the property where the tree originated may be responsible for damage to a neighbor's property if the owner knew, or had good reason to know, that the tree presented a danger."
Germantown is not in the Chesapeake Bay Critical Area. Montgomery County does not appear on the Critical Area Commission's list of Critical Area jurisdictions, and Germantown drains to Seneca Creek, which is not tidal.
Part of northern Germantown sits in a Special Protection Area. The Clarksburg SPA, designated by Council Resolution 17-1214 adopted September 16, 2014, reaches Germantown addresses in ZIP 20876. The better-known Ten Mile Creek SPA does not — it covers Clarksburg and Boyds. SPA rules are in Chapter 19, Article V (sections 19-60 to 19-67). Check your own address on the county SPA map at mcatlas.org/spa, or call DEP Watershed Management at 240-777-7736.
Check your HOA. The county puts it on its own checklist: "Do you live in a homeowner's association or civic association with rules or guidelines? If yes, check with your home owner's association or civic association directly." Much of Germantown is covenanted.

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.

— Whether Bill 18-25, Forest Conservation - Trees, heard by the County Council on July 8, 2025, was enacted, and if so what it changed. The council page for the hearing lists only written testimony and does not state the outcome. If you are researching Montgomery County forest conservation, check the current status of this bill before relying on older summaries.
— The exact DPS filing fee for a roadside tree plan permit. DPS says "A non-refundable filing fee must be paid at the time of application" and links a fee schedule, but no tree line item was read.
— The verbatim text of Montgomery County Code Chapter 55 (Tree Canopy Law) and Chapter 49 sections 49-35, 49-36 and 49-36A (roadside trees). The county code is published on American Legal, which blocks automated access intermittently; Chapter 19 was retrieved but those chapters were not. Provisions from Chapters 55 and 49 above are quoted from Montgomery County's own published summaries of its own law, which are primary but are summaries.
— Whether the 5,000 square foot figure on the county's public pages is measured the same way as the code. The code exemption at section 19-2(b)(3) is expressed in "tree canopy area" while the county web pages say variously "disturbs more than 5,000 square feet of land including cutting trees" and "disturbing more than 5,000 square feet of canopy or soil." All three phrasings are reported rather than reconciled.
— Whether any SPA obligation attaches to a homeowner in the Clarksburg SPA portion of Germantown who cuts a single tree with no construction. Section 19-62(b) frames SPA review around development, subdivision and site plan triggers, but the interaction with a bare tree removal is not addressed in any source located.