Md. Code Regs. 08.07.02.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 08.07.02.05 - 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,

(e) A public utility, or

(f) An authorized agent of one of the entities in §A(1)(a)-(e) of this regulation; and

(2) Shall be made by an applicant to the appropriate office of the Forest Service.

B. For permits authorizing continued tree care programs under Regulation .04A(2) of this chapter, an examination is necessary only as specified in the permit. An examination is not required for the renewal of the permit.

C. The Forest Service may issue a permit for tree care if the applicant shows that the proposed tree care will meet one of the following conditions:

(1) Eliminate a hazard to property, public safety, or health;

(2) Improve or prevent a deteriorated tree condition; or

(3) Improve the general aesthetic appearance of the right-of-way.

D. Unless exempted by the Forest Service, if a tree is removed it shall be followed by replanting of a species on the recommended tree list that is suitable to the location.

E. Roadside tree care permits shall specify:

(1) The name and address of the permittee;

(2) The area where the tree care will occur;

(3) The particular tree or trees involved;

(4) The type of tree care permitted;

(5) The term of the permit;

(6) Whether supervision of the tree care is required; and

(7) Limitations or conditions on the tree care or planting considered advisable by the Forest Service.

F. If the Forest Service denies a permit, the Forest Service shall notify the applicant of the reasons for denial within 10 days of receipt of the application for the permit.

G. The Forest Service may:

(1) Modify the terms and conditions of a permit in accordance with provisions and objectives of the roadside tree care laws and regulations; or

(2) Suspend or cancel a permit for a violation of a:

(a) Condition of the permit, or

(b) Provision of Natural Resources Article, §5-401 et seq., Annotated Code of Maryland, or implementing regulation.

H. Request for Hearing.

(1) A person whose request for a roadside tree care permit is denied, or whose roadside tree care permit is suspended or revoked, has the right to be heard regarding the denial or suspension or revocation of the permit, after submitting a request in writing not later than 10 days after the date on which the denial or suspension or revocation notice is served.

(2) The Director shall schedule a hearing within 10 days from receipt of a request and render a decision within 10 days from the date of the hearing.

Md. Code Regs. 08.07.02.05

Regulations .05 adopted effective January 31, 1994 (21:2 Md. R. 97)
Regulation .05 amended effective September 26, 2005 (32:19 Md. R. 1588)