COMCOR 19-71. Tree Protection - Regulations

This regulation implements the portion of the County’s Roadside Trees Protection Law in Section 19-71 of the County Code as adopted by Bill No. 41-12.

For the purpose of this regulation the following words and phrases will have a meaning respectively ascribed to them in this regulation unless the context indicates otherwise:

Critical Root Zone: the area beneath a tree represented by a concentric circle centering on the tree trunk with a radius equal in feet to 1.5 times the number of inches of trunk diameter measured four feet six inches above ground level on the uphill side of the tree.

Licensed Tree Expert: a person licensed under Natural Resources Article 5-415 et seq., Annotated Code of Maryland.

Roadside Tree Care Permit: a permit issued by the Maryland Department of Natural Resources in accordance with the laws of the State of Maryland.

Except as other provided in this regulation, procedures for application, implementation, review, approval, denial, and appeal are the same as the procedures for right of way permits under Chapter 49 of the Code.

The following documents are incorporated by reference as if fully set forth. Whenever the provisions of this regulation and those of the following documents are in conflict, the provisions of this regulation will govern and be enforced in the County:

A. American National Standards for Tree Care Operations, ANSI A300, American Standards Institute, hereinafter referred to as ANSI A300, in effect as of December 1, 2013.

B. American Standard for Nursery Stock, ANSI Z60.1, American Nursery & Landscape Association, hereinafter referred to as ANSI Z60.1, in effect as of December 1, 2013.

A. If a sediment control permit is required by the County Code a natural resources inventory is required. In addition to any other requirements, the natural resources inventory must show the location, species, and size of all roadside trees along the frontage of the property subject to the sediment control permit application and fifty feet on either side of the property. The diameter of each tree shall be measured at a height of 4 ½ feet above the existing ground elevation.

B. The natural resources inventory must also show the proposed limits of disturbance including that which is required for the installation of utilities, construction storage and staging areas, installation of sediment controls, as well as areas where vehicles will drive or park.

C. If the area under the critical root zone of any roadside tree is impacted, the applicant must apply for a right of way permit or amend an existing application for a right of way permit to include the disturbance or removal. The right of way permit application must include a tree protection plan. The Department will approve all measures necessary to protect roadside trees unless the right of way permit designates the removal of those trees.

D. The applicant must also apply for a Roadside Tree Care Permit from the Maryland Department of Natural Resources.

E. The sediment control permit will not be issued until the Roadside Tree Care Permit, if one is required by the Maryland Department of Natural Resources, is issued.

F. During construction there must be no additional land disturbance outside of the area designated by the permit without the approval of the Department. This includes the location of storage and staging areas as well as access drives for vehicles as well as temporary parking areas.