These laws require residents who plan to plant, prune, disturb, or.
Maryland has adopted the “Massachusetts Self-Help Rule” that says you must assume responsibility for the care and preservation of your own property. This means that 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. Roadside Tree Law. The Montgomery County Roadside Tree Law and the Maryland Roadside Tree Law both work to conserve trees in the County’s right-of-ways.
These laws require residents who plan to plant, prune, disturb, or remove street trees to obtain permits. Therefore, two permits are required; one from Montgomery County and one from the State. How does the law work? When highway construction using State funds causes the cutting or clearing of forests lands, the Maryland Reforestation Law requires that these trees be replaced. While construction activities by private citizens don't fall under this law, the impact of the Maryland Reforestation Law on the statewide greenscape cover is huge.
Apr 24, With regarding to a landowner’s own property, trees and other vegetation can become a serious concern when a neighbor is either (1) claiming ownership of the tree/vegetation or (2) unlawfully cutting or destroying a specific tree/vegetation.
Maryland property owners have legal rights regarding adjacent trees, roots, growth, branches, and vegetation, and Maryland courts have specifically addressed tree related lawsuits, tree disputes, and tree Estimated Reading Time: 5 mins. Whether you can cut your neighbor’s tree that has branches hanging over your land, the Maryland courts follow the “Hawaiian Rule” whereby the owner of the tree has no obligation to control the growth of the tree or to pay for damage to your property caused by the overhanging limbs.