In this subtitle, the following terms have the meanings indicated. “Breast height” means 4.5 feet off of the ground. “Caliper inch” means 6 inches off of the ground. “Inch-for-inch replacement” means the tree removal and replacement standard used by the Department of Recreation and Parks that requires a person to plant a tree or trees with an equal or greater sum diameter, as measured in inches, to the sum diameter of all trees removed by that person, as measured in inches. “Permit holder” means a person to whom the Department of Recreation and Parks has issued a written permit to remove a tree under subsection (c) of <cite data-path="7|§53-15">§ 53-15 {“Tree Removal - Street”}</cite> or <cite data-path="7|§53-16">§ 53-16 {“Tree Removal - Parks”}</cite> of this subtitle. “Root zone” means a circular region, measured outward from a tree’s trunk, that represents the essential area of the tree’s roots that must be maintained or protected for the tree’s survival. The word “trees”, as used in this subtitle, shall not be construed to include shrubs that do not grow higher than 15 feet. City Code, 1927, art. 45, §185 1950, art. 35, §101 1966, art. 26, §104 1976/83, art. 26 § 109 Ord. 12-154 Ord. 46-396 Ord. 22-125

The Department of Recreation and Parks, in consultation with the Department of Transportation, is authorized and directed to regulate the planting, protection, removal, and controlling of all trees planted and to be planted in the parks or streets of Baltimore. The statutes and ordinances for the protection of trees in the streets, lanes, or alleys shall be strictly observed by the Departments of Public Works, Transportation, General Services, and Recreation and Parks, as well as all other agencies of the City, within their respective authority. City Code, 1927, art. 45, §§174, 175(2nd par.) 1950, art. 35, §§91, 92(2nd par.) 1966, art. 26, §§94, 95(2nd par.) 1976/83, art. 26, §§101, 102(2nd par.) Ord. 12-154 Ord. 46-396 Ord. 76-139 Ord. 15-435

It is the duty of the Department of Recreation and Parks: to encourage the preservation, culture, and planting of shade and ornamental trees in the City’s parks and streets; to prune, spray, cultivate, and otherwise maintain these trees; to trim or direct the time and method of trimming these trees; and to take all other measures that it considers necessary and reasonable for the control and extermination of insects and other pests and plant diseases that may injuriously affect trees in the City’s parks and streets. City Code, 1927, art. 45, §175(1st par.) 1950, art. 35, §92(1st par.) 1966, art. 26, §95(1st par.) 1976/83, art. 26, §102(1st par.) Ord. 12-154 Ord. 46-396 Ord. 76-139 Ord. 15-435

The Department of Recreation and Parks shall initiate and maintain a program of planting and caring for trees along the streets, alleys, lanes, and other public ways and in parks, squares, and other public places of this City. The program shall include at public expense the full cost of acquiring and planting the trees, including the cost of digging holes and preparing for the planting. The size and scope of the program shall be determined from time to time by the amount of funds appropriated and authorized therefor. It is the legislative intent that this program be vigorously implemented and pursued, and that a large and increasing number of trees be grown and preserved in and along all such public ways and public places in the entire City. Trees shall be planted and preserved at intervals of not more than 30 feet from the next contiguous tree or trees, except where requested by a property owner. Species and varieties shall be planted and preserved as most suitable for the particular area by means of availability, long life, full foliage and limb structure, beauty, and the specific request of property owners, except where the request of the property owner as to variety of the tree is not practicable in the opinion of the City Arborist. City Code, 1966, art. 26, §108 1976/83, art. 26, §113 Ord. 65-434

Unless notice is given as required by this section, the City may not:remove or destroy a tree along one of the streets in this City; or permit any person to remove or destroy a tree along one of the streets in this City. The notice required by <cite data-path="7|§53-5|(a)">§ 53-5(a)</cite>:must consist of a durable and legible statement of the intent, affixed to and easily visible on the tree for not less than 5 days immediately preceding the contemplated removal or destruction; and must state:the reason for the intended removal or destruction of the tree; and the person or persons to whom inquiries or protests thereon may be directed. In the event of an emergency situation, such as a fallen tree or some other condition or occurrence requiring an immediate removal or destruction of a tree along one of these public ways, the City or any person it permits may remove or destroy the tree without complying with the foregoing provisions of this section. But in this event, the City or the person it permitted promptly shall notify the City Council of the circumstances, conditions, and justification under which the tree was thus removed or destroyed. City Code, 1966, art. 26, §107 1976/83, art. 26, §112 Ord. 64-433 Ord. 11-524

No person may plant any tree in any street, lane, or alley without:first having obtained a written permit issued by the Department of Transportation, in consultation with the Department of Recreation and Parks, setting forth the conditions under which trees will be planted, including their kind and variety; and in all respects complying with the conditions of the permit. Any person determined by a court of competent jurisdiction to have unlawfully removed or destroyed a tree in any street, lane, or alley and required to replace the tree as directed by such court shall be granted a permit for its replacement as provided in this section. City Code, 1927, art. 35, §176 1950, art. 35, §93 1966, art. 26, §96 1976/83, art. 26, §§103, 104A Ord. 12-154 Ord. 46-396 Ord. 76-139 Ord. 90-576 Ord. 15-435

No person may spray, mulch, fertilize, or otherwise treat, remove, destroy, break, cut, or trim any tree, or any part of a tree, in any street, lane, or alley without first having obtained a written permit issued by the Department of Transportation, in consultation with the Department of Recreation and Parks. No cutting or trimming of any tree in any street, lane, or alley in connection with the work of any other City department or of any public service corporation or other person having a right to use the street, lane, or alley may be done except in the manner directed by the Department of Transportation, in consultation with the Department of Recreation and Parks. City Code, 1927, art. 45, §177 1950, art. 35, §94 1966, art. 26, §97 1976/83, art. 26, §104 Ord. 12-154 Ord. 46-396 Ord. 76-139 Ord. 15-435

No person may, without first having received a written permit issued by the Department of Transportation, in consultation with the Department of Recreation and Parks, place or maintain upon the ground in any street, lane, or alley, any stone, cement, or other substance or structure that will impede the free entrance of water and air to the roots of any tree without leaving an open space of ground outside the trunk of the tree, in area not less than 32 square feet. City Code, 1927, art. 45, §181 1950, art. 35, §99 1966, art. 26, §102 1976/83, art. 26, §107 Ord. 12-154 Ord. 46-396 Ord. 76-139 Ord. 77-310 Ord. 15-435

All work covered by a permit issued under this subtitle shall be completed within 30 days from the date shown on the permit. City Code, 1927, art. 45, §184 1950, art. 35, §100 1966, art. 26, §103 1976/83, art. 26, §108 Ord. 12-154 Ord. 46-396 Ord. 76-139 Ord. 15-435

Unless otherwise authorized in writing by the Director of the Department of Recreation and parks or the Director’s designee, a person may not remove a tree in or along a public street without first having been issued a written permit to do so by the Department of Recreation and Parks. Within 20 business days of receiving a request for a permit under this section, the Department of Recreation and Parks shall:approve, deny, or request additional information regarding the permit; determine whether mitigation under subsection (d) is required; and notify the applicant of the Department of Recreation and Parks’ determination. Any tree removal permitted under this section must be completed by a licensed tree expert in accordance with Title 5, Subtitle 4, Part III {“Tree Experts”} of the State Natural Resources Article. Prior to removing a tree or trees pursuant to a permit issued under this section, the Department of Recreation and Parks must give public notice in the manner described in <cite data-path="7|§53-5">§ 53-5 {“Public notice of tree removal”}</cite>. A tree greater than 1 inch diameter at breast height that has been approved by the Department of Recreation and Parks for removal under this section shall be mitigated as provided in this subsection. If the Department of Recreation and Parks requires that a tree be mitigated under this section, the mitigation shall be an inch-for-inch replacement, to be measured as follows:for the removed tree, at the diameter at breast height; and for the replacement tree, at the caliper inch. If the Department of Recreation and Parks requires mitigation under this subsection, the permit holder may accomplish the mitigation by:planting replacement trees at the site or sites of the removal, as approved by the Department of Recreation and Parks; or if mitigation inches required under this subsection cannot be replanted at the site or sites of removal, planting trees at another site or sites only as approved by the Department of Recreation and Parks. If a permit holder cannot accomplish mitigation using a method described in paragraph (2) of this subsection, the permit holder shall pay a fee-in-lieu of mitigation to the Director of Finance in an amount approved by the Board of Estimates. The Department of Recreation and Parks may exempt a tree from the mitigation requirements of this subsection if the Department of Recreation and Parks determines that the tree is:dead; dying; diseased or otherwise infected and contagious; or at high risk of death, disease, or failure, as determined by the Baltimore City Forestry Division of the Department of Recreation and Parks.

Unless otherwise authorized in writing by the Director of the Department of Recreation and parks or the Director’s designee, a person may not remove a tree in a public park without first having been issued a written permit to do so by the Department of Recreation and Parks. Within 20 business days of receiving a request for a permit under this section, the Department of Recreation and Parks shall:approve, deny, or request more information regarding the permit; determine whether mitigation under subsection (c) is required; and notify the applicant of the Department of Recreation and Parks’ determination. Any tree removal permitted under this section must be completed by a licensed tree expert in accordance with Title 5, Subtitle 4, Part III {“Tree Experts”} of the State Natural Resources Article. A tree approved by the Department of Recreation and Parks for removal under this section shall be mitigated as provided in this subsection if:the tree measures 8 inches or greater in diameter at breast height; or the tree was deliberately planted and measures 1 inch or greater in diameter. If the Department of Recreation and Parks requires that a tree be mitigated under this section, the mitigation shall be an inch-for-inch replacement, to be measured as follows:for the removed tree, at the diameter at breast height; and for the replacement tree, at the caliper inch. If the Department of Recreation and Parks requires mitigation under this subsection, the permit holder may accomplish the mitigation by:planting replacement trees at the site or sites of the removal, as approved by the Department of Recreation and Parks; or if mitigation inches required under this subsection cannot be replanted at the site or sites of removal, planting trees at another site or sites only as approved by the Department of Recreation and Parks. If a permit holder cannot accomplish mitigation using a method described in paragraph (3) of this subsection, the permit holder shall pay a fee-in-lieu of mitigation to the Director of Finance. The fee-in-lieu of mitigation shall be a standard amount or unit, as approved by the Board of Estimates and updated as necessary. The Department of Recreation and Parks may exempt a tree from the mitigation requirements of this subsection if the Department of Recreation and Parks determines that the tree is:dead; dying; diseased or otherwise infected and contagious; or at high risk of death, disease, or failure, as determined by the Baltimore City Forestry Division of the Department of Recreation and Parks.

No person shall fasten any horse or other animal to any tree or shrub in any street, lane, or alley, nor shall any person cause or permit any horse or other animal to stand or be near enough to any tree, plant, or shrub to bite or rub against it or in any manner injure or deface the same. Nor shall any person attach or place any rope, wire, sign, poster, handbill, or other thing or substance on any tree or shrub in any street, lane, or alley or on any guard or protection of the same. Nor shall any person remove, injure, or misuse any guard or device placed or intended to protect any tree, plant, or shrub in any park or street. Nor shall any person remove, damage, injure, or otherwise harm any tree or the root zone of a tree beneath the ground. City Code, 1927, art. 45, §178 1950, art. 35, §95 1966, art. 26, §98 1976/83, art. 26, §105 Ord. 12-154 Ord. 46-396

If any person or persons shall willfully break, pull down, hurt, or destroy any tree or trees, or enclosure around the same, which are now or may hereafter be planted in any of the streets, lanes, or alleys of the City, or in any other public grounds within the City, such person or persons:shall be subject to a penalty as provided in <cite data-path="|7|§53-26">§ 53-26 of this subtitle</cite>; and may be required to replace any such tree or trees or enclosure around the same. Provided always, that nothing herein contained shall be so construed as to prevent the Department of Recreation and Parks from removing any tree or trees, or part thereof, which he may deem so situated or in such condition as to render same unsafe or as to obstruct the footways or roadways. City Code, 1879, art. 47, §122 1893, art. 48, §142 1927, art. 32, §59 1950, art. 35, §96 1966, art. 26, §99 1976/83, art. 26, §106 Ord. 50-1243 Ord. 76-139 Ord. 90-576

All ordinances and parts of ordinances heretofore passed which are inconsistent with this subtitle, or any of its provisions, are hereby repealed to the extent of such inconsistency. City Code, 1927, art. 45, §186 1950, art. 35, §102 1966, art. 26, §105 1976/83, art. 26, §110 Ord. 12-154 Ord. 46-396

Any person who violates any provision of §§ 53-11, 53-12, 53-13, 53-21, or 53-22 of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. City Code, 1927, art. 45, §187 1950, art. 35, §103 1966, art. 26, §106 1976/83, art. 26, §111 Ord. 12-154 Ord. 46-396 Ord. 76-139 Ord. 90-576 Ord. 15-435