# Sec. 23-141. Planting and removal of roadside trees

Codified through Bill No. CB-018-2026, adopted May 12, 2026, effective July 24, 2026. Source: Municode, Supplement 2026 Update 2. Editorial notes and legislative history omitted.

## Sec. 23-141. Planting and removal of roadside trees

Prince George's County, Md., Code § 23-141 (2026)

(a) Purposes. The following requirements shall be interpreted consistently with the purpose of this Section, which is to plant, control, protect, regulate, and improve roadside trees within the right-of-way, within nonutility easements adjacent to the right-of-way, or on adjacent private property where the Director determines that a public hazard exists requiring remedial action to correct.

(b) Planting required. The permittee shall be required to plant roadside trees within the limits of the permit area and shall be responsible for all costs associated with such planting.

  (1) In accordance with the Design and Construction Standards, the applicant shall be responsible for preparing an engineering plan detailing the location of the trees, their coordination with driveway aprons, street lights, utilities, etc., and specifying the species to be planted. The applicant shall consider such things as conflicts with utilities and traffic control devices when preparing the design. The plan shall be referred to the Urban Design Division of the Park and Planning Commission for design comments on street tree plantings in relationship to on-site landscaping. The plan shall be subject to review and approval by the Department.

  (2) Where the Director finds that trees or other plantings planted in the standard locations would be in conflict with existing or required public utilities, traffic control devices, illumination, or sight distance, the Director may designate alternative locations for trees or modify the standards for their placement.

(c) Prohibited acts during road and building construction and maintenance: No person shall do or cause any of the following acts to be done to any roadside tree:

  (1) Place salt, brine, oil, herbicide, or other substances injurious to roadside trees on, or in the area of, a roadside tree;

  (2) Build any fire or station any kettle, construction equipment, or other engine on or along any road in such a manner that the hot vapors or fumes therefrom may injure any roadside tree;

  (3) Erect, alter, or repair any building or structure without placing such guards around all roadside trees within a reasonable distance of the building site that will, as determined by the inspector, effectively prevent injury to such trees;

  (4) Operate or use vehicles or equipment in such a manner as would damage or destroy any roadside tree;

  (5) Attach or fasten any wire, insulator, or other device for holding any wires to any roadside tree;

  (6) Provide an open space of less than two (2) feet on all sides of the base of any roadside tree, except where limited by previously established curb and/or sidewalk;

  (7) Attach by any means any sign, poster, or advertisement to any tree in the public right-of-way or any tree located in an easement adjacent to the right-of-way.

(d) Permission required prior to certain acts. No person shall do or cause to be done any of the following acts to any roadside tree without the permission of the Department:

  (1) Plant, spray, or trim any roadside tree;

  (2) Place any stone, concrete structure, or other substance in the public right-of-way, or an easement adjacent to the right-of-way, which may impede the free access of air and water to any roadside tree;

  (3) Excavate within the area of branch spread of any roadside tree or, during excavation, to expose or cut roots more than one inch in diameter of any roadside tree;

  (4) Remove or damage any guard or device placed to protect any roadside tree.

(e) Permits from the Department of Natural Resources of the State of Maryland are also required in accordance with the provisions pertaining to roadside trees within the Natural Resources Article of the Annotated Code of Maryland.

(f) Where the permission of the Department of Natural Resources is required by this or by any other law, any permittee required to obtain such permission may first make application therefor to the Department.

(g) Conflict. The provisions of this Section are to be construed, where reasonable, as consistent with any State law, rule, or regulation concerning roadside trees. Any part of this Section found to be in conflict therewith shall be of no force or effect.

(h) Public or private utilities. When the Director of Public Works and Transportation determines that it is necessary to prune, top, or remove any roadside tree, the affected utility shall have the option of either temporarily removing its overhead wire(s) within forty-eight (48) hours after notice from the Director of Public Works and Transportation or pruning, topping, or removing such tree(s) under the direction of the Department of Public Works and Transportation.

(i) The Department of Public Works and Transportation shall be responsible for the removal and replacement of dead specimen trees within the public right-of-way.

(j) Dead or dying trees on private property that constitute a public nuisance. Where a tree exists on private property adjacent to a public right-of-way with dead or decaying branches overhead which protrude into the right-of-way, and the Director of Public Works and Transportation determines that such tree creates a public nuisance, the property owner shall remove the tree or the dead or decaying branches, thereby removing the hazard to the public.

  (1) The Department of Public Works and Transportation shall notify the property owner in writing that the hazard must be removed within a specified time period. The time period may vary depending upon the severity of the hazard.

  (2) In the event that the property owner fails to remove the hazard within the specified period, the Department of Public Works and Transportation shall proceed to abate the nuisance by applying to a court of proper jurisdiction for injunctive relief. The Department of Public Works and Transportation shall recover the costs pursuant to the provisions of this Subtitle.

  (3) Notwithstanding the above where, in the opinion of the Director of Public Works and Transportation, the hazard constitutes an immediate threat to the safety of the public, the Department of Public Works and Transportation shall be authorized to take immediate action to eliminate the hazard and recover the cost for same from the property owner.

(k) Coordination between Beautification Committee and Department of Public Works and Transportation. The Committee may advise and make recommendations to the Director of Public Works and Transportation as to plans of planting, maintaining, and protecting roadside trees. The Committee may recommend species to be planted and the methods and times for plantings. The Department of Public Works and Transportation shall coordinate, where possible, with the recommendations of the Committee.