In this subtitle, “roadside tree” means any tree or shrub growing within the right–of–way of any public road.

The Department may plant trees along the roadsides, make rules and regulations governing the planting, care for and protect any roadside tree, and establish one or more State forest nurseries for the propagation of trees for any roadside planting.

If the governing body or the road supervisors of any county of the State, the Department of Transportation, the council of any municipality, or any organization or person applies to the Department to plant, care for, or protect any roadside tree, the Department shall evaluate the application and inform the applicant concerning the advisability of the requested planting, care, or protection. If, in the judgment of the Department, the requested planting, care, or protection is advisable, the Department shall prepare and submit to the applicant a plan for the same, including an estimate of the cost. Any plan to plant, care for, or protect roadside trees may not become operative until the applicant approves the plan and has guaranteed to the Department the cost of the work. When the applicant approves a plan the Department has prepared, and the applicant has guaranteed payment of the cost in a manner satisfactory to the Department, the Department shall perform, or cause to be performed, the specified planting, care, or protection of roadside trees. The Department, without being requested as provided in subsection (a) of this section or guaranteed as provided in subsection (b) of this section, may plant, care for, and protect roadside trees and pay for the work out of any unexpended balance of the amount appropriated for the purposes of this subtitle. However, no tree may be planted under the provisions of this section without the consent and approval of the owner of the land on which planted. Except as provided in subsection (e) of this section, a county or municipality may adopt a local law or ordinance for the planting, care, and protection of roadside trees that is more stringent than the requirements of §§ 5–402 and 5–406 of this subtitle if the local law or ordinance does not conflict with the provisions of §§ 5–402 and 5–406 of this subtitle. A county or municipality may not adopt a local law or ordinance for the planting, care, and protection of roadside trees that applies to: The cutting or clearing of public utility rights–of–way or land for electric generating stations licensed under § 7–204, § 7–205, § 7–207, or § 7–208 of the Public Utilities Article, provided that: Any required certificates of public convenience and necessity have been issued in accordance with § 5–1603(f) of this title; and The cutting or clearing of the forest is conducted so as to minimize the loss of forest; The routine maintenance of public utility rights–of–way; or The cutting or clearing of public utility rights–of–way or land for new transmission or distribution lines. A county or municipality that adopts a local law or ordinance in accordance with subsection (d) of this section may issue a stop work order against any person that violates any provision of the local law or ordinance.

Forest wardens and other persons having police powers in the State, in addition to their regular duties, shall enforce the law for the care and protection of roadside trees. In the enforcement of these laws, they possess the same powers as a peace officer to arrest with a warrant. The Department may authorize a county or municipality to enforce §§ 5–402 and 5–406 of this subtitle.

For his services in making examinations, as provided in § 5-403(a) of this subtitle, the Department shall pay the forest warden upon presentation and approval of his accounts with vouchers, for services in planting roadside trees, trimming, spraying, or otherwise caring for existing roadside trees, as provided in § 5-403(b) of this subtitle. The applicant who guarantees the cost of work shall reimburse the Department for the services of the forest warden and his helpers upon presentation of the forest warden’s accounts with vouchers, and upon the approval of the Department. The applicant shall pay for the forest warden’s services in examining conditions serving as a basis for permits applied for under § 5-406 of this subtitle, for issuing permits, and for supervising work authorized by the permits. The Department shall determine the rate to be paid under this section.

Except as provided in subsection (b) of this section, any person who desires to cut down or trim any roadside tree shall apply to the Department for a permit. A person may remove a tree or its branches without first obtaining a permit from the Department if the tree is unrooted or its branches broken so as to contact telephone, telegraph, electric power, or other wires carrying electric current, or if the tree or its branches endanger persons or property. A tree may be cut down and removed by an abutting landowner for the landowner’s own use without first obtaining a permit if the tree is standing within the right–of–way of a public road which has not been surfaced with either stone, shell, gravel, concrete, brick, asphalt, or other improved surface. A person may not cut down, trim, mutilate, or in any manner injure any roadside tree, except as authorized by this section, without a permit from the Department. A county or municipality may not issue a building permit to an applicant for any clearing, construction, or development that will result in the trimming, cutting, removal, or injury of a roadside tree until the applicant first obtains a permit from the Department in accordance with this section. A person who trims, cuts, removes, or injures a roadside tree in violation of a regulation adopted under § 5–402 of this subtitle or a permit issued under this section or who fails to obtain a permit as required by this section is liable for the imposition of a penalty: Not exceeding $2,000 for a first offense; and Not exceeding $5,000 for a second or subsequent offense.

The State Highway Administration may grant to any person the right to place any advertisement, sign, notice, or other writing along or upon the public highways of the State to be used only in conjunction with direction or danger signals, and subject to the limitations and restrictions imposed at the time the permit is granted. A permit may not be issued unless the need for the direction or danger signal to be erected is clearly demonstrated to the satisfaction of the State Highway Administration. Any person doing an act otherwise prohibited in this section, by virtue of a permit issued by the State Highway Administration, is immune from prosecution. In Kent and Queen Anne’s counties, the respective county boards of education may exhibit or display any advertisement, sign, notice, writing, or other device for the purpose of promulgating the safety of students, on or abutting any road or highway which passes near any school. However, these signs may not be displayed farther than 300 yards from any school and any designation of the donor may not comprise a space of more than 2 square feet on the sign. A person, without first obtaining the written consent of the owner, may not paint, put, or fix any advertisement, sign, notice, or other writing, other than a notice posted pursuant to law, on or to any stone, tree, fence, stump, pole, building, or other structure which is in or upon either the public highway or property of another, or procure, direct, or induce the painting, fixing, or placing of the advertisement or sign. For the purpose of enforcing this section, the presence of any advertisement, sign, notice, or other writing, other than a notice posted pursuant to law, upon the public highway or private property adjacent to it constitutes prima facie evidence that it was painted, placed, fixed, or erected at the direction of, or with the consent and approval of, the party or his agent or representative in the State whose name, business, location, or merchandise is advertised thereon.

Any trees grown in State nurseries, not required for roadside planting, may be used for planting on the State forest reserve or furnished to any landowner of the State at not more than the cost of production. The trees shall be planted for conservation purposes according to plans approved by the Secretary under rules and regulations promulgated by the Department.

Any person, his aiders, abettors, and counsellors, who willfully, negligently, recklessly, wrongfully, or maliciously enters upon lands or premises of another without written permission of the owner of the lands or premises, in order to cut, burn, or otherwise injure or destroy, or cause to be cut, burned, or otherwise injured, or destroyed, any merchantable trees or timber on the land is liable to the party injured or aggrieved in an amount triple the value of the trees or timber cut, burned, or otherwise injured or destroyed, plus the costs of any surveys, appraisals, attorney fees, or court fees in connection with the case. The damages are recoverable in a civil action, as in any other case. At the request of a law enforcement officer, a person on the lands and premises of another engaged in any act specified in subsection (a) of this section shall display the written permission of the owner. Notwithstanding the provisions of this section, the following shall obtain the permission of an owner before engaging in any act specified in subsection (a) of this section, but are not required to obtain the permission in writing or to display the written permission as provided in subsection (b) of this section: A public service company, as defined in § 1–101 of the Public Utilities Article; and An employee of the Department of Public Works or roads board of any county or municipality, or the State Highway Administration, performing roadside maintenance.

The Department may acquire land out of money standing to the credit of the Forest Reserve Fund for the establishment of any State forest nursery to grow forest trees for planting on State reserves and distribution to private landowners to encourage tree planting under the rules and regulations it promulgates.

A county may levy and appropriate money for purposes of tree planting, care of trees, and forest protection, improvement, management, and purchase.

Any person who drives or operates a truck, trailer, or other vehicle upon any public highway, road, or street in the State for the purpose of transporting five or more trees, or 100 pounds or more of boughs, of any species of pine, spruce, fir, hemlock, or other narrow-leafed or broad-leafed evergreen tree or shrub, shall have upon his person during the transporting, a bill of sale for the trees, shrubs, or boughs signed by the owner or custodian of the lands from which they were cut or removed. The bill of sale shall state the date of sale; number and species of trees or pounds and species of boughs being transported; number of the election district, name of the county and state from which the trees, shrubs, or boughs were cut and removed; and the postal address of the landowner or custodian or whether they have been obtained from a dealer in these goods. The bill of sale or invoice shall show clearly the name and place of business from which the trees or boughs were obtained. This section does not apply to the transportation of trees, shrubs, or boughs by the owner or custodian of lands from which the trees, shrubs, or boughs were cut or removed or by the agent of the owner or custodian, or to transportation in a truck or trailer licensed to operate or engage in interstate commerce.

If any owner or custodian of land from which any trees, shrubs, or boughs described in § 5-412 of this subtitle are transported within the State are cut or removed, identification of the owner, custodian, or agent shall accompany the shipment.

Any uniformed forest officer, or any law enforcement officer may stop any truck, trailer, or other vehicle engaged in the transporting of the evergreen trees, shrubs, or boughs described in §§ 5-412 and 5-413 of this subtitle, other than a truck or trailer licensed for and engaged in interstate commerce, in order to require the driver or operator to produce the bill of sale or identification of ownership required by those sections. The driver’s failure to have and produce upon demand the bill of sale or identification is a violation of this subtitle. However, an accused may not be convicted if he produces, within ten days from the date he is formally charged, the required bill of sale or identification.

In this part the following words have the meanings indicated. “Licensed tree expert” means a person who has received from the Department a license displaying the person’s qualifications to practice as a tree expert. “Tree expert” means a person who represents to the public that the person is skilled in the science of tree care or removal and who, whether in the business of the person or as the employee of another person and whether under the title of arborist, tree specialist, tree surgeon, tree expert, or otherwise, engages in the business or work of the treatment, care, or removal of trees for compensation by: Making diagnoses, prescribing, and supervising the treatment for trees; or Trimming, pruning, thinning, cabling, shaping, removing, or reducing the crown of trees. “Tree expert” does not include: A person engaged in commercial logging or timber harvesting operations as defined in § 5-1601 of this title; A person engaged in the installation of underground facilities or any associated site construction; or A person who treats, cares for, or removes a tree, as described in paragraph (1) of this subsection, that is 20 feet tall or less.

In order to foster and promote consumer protections, ensure the responsible and ethical management of natural resources, and promote industry safety, the Department shall facilitate the licensing of tree experts in accordance with this part. The Department may adopt regulations to implement this part.

Except as provided in §§ 10–14A–03 and 10–14B–03 of the State Government Article, a person may not engage in the work or business of a tree expert without a license issued under the provisions of this part. An employee under the supervision of a licensed tree expert may not be required to have a license in the name of the employee. A licensed tree expert shall within a time period established by the Department notify the Department electronically of: Any company that engages in the business or work of the treatment, care, or removal of trees for compensation under the tree expert’s license, and any changes to that status; and The liability and property damage insurance and workers’ compensation insurance carried by any company that engages or works under the tree expert’s license, and any changes to the insurance.

The Department may examine an applicant for license as a tree expert and pass upon the competence of the applicant. It shall issue a “tree expert” license to any applicant, who: Pays the fee provided in § 5–419 of this subtitle; Has attained 18 years of age; Has had 2 years of approved college education in forestry, arboriculture, horticulture, applied agricultural sciences, or the equivalent education and a minimum of 1 year of experience with a licensed tree expert in Maryland or with an acceptable tree expert company in another state; or For at least 3 years immediately preceding the date of application has been engaged continuously in practice as a tree expert with a licensed tree expert in Maryland or with an acceptable tree expert company in another state; and Has passed the examination given by the Department. Every licensee shall carry and show proof of liability and property damage insurance, in the form and amount required by the Department at the time it issues the license. The licensee shall maintain the insurance protection for the period the license is in effect.

Subject to subsection (c) of this section, an applicant shall pay to the Department at the time of making application, a fee set by the Department by regulation. A tree expert license shall be renewed in accordance with a timetable and procedure established by the Department by regulation. Subject to subsection (c) of this section, a person who holds a license and wishes to renew it shall pay a fee set by the Department by regulation. After September 1, 2017, to qualify for the renewal of a tree expert license, a licensed tree expert shall complete the professional development curriculum established by the Department by regulation. Fees established in accordance with this section may not exceed: For the examination fee    $45; For the initial license fee    $55; and For the renewal fee    $100. Fees the Department receives shall be paid into the State Treasury for the Department’s use. The Secretary shall prepare an annual report on the number of licenses issued and the receipts and expenses under Part III of this subtitle during each fiscal year. On or before November 1 each year, the Secretary shall submit the annual report required under this paragraph to the General Assembly in accordance with § 2–1257 of the State Government Article.

The Department shall prepare and conduct examinations as often as necessary, but at least once a year if there are any applicants. A candidate who failed a subject that is part of the examination given may be reexamined in that subject only at any subsequent examination held within 1 year of the date the candidate took the initial examination, and if the candidate passes that subject the candidate is considered to have passed the examination. The Department, however, may decide to reexamine an unsuccessful candidate in every subject.

The Department may permanently revoke or temporarily suspend the license of any licensed tree expert who: Is found guilty of any fraud or deceit in obtaining the license, or guilty of negligence or wrongful conduct in the practice of tree culture or care; In the Chesapeake and Atlantic Coastal Bays Critical Area, as defined under § 8–1802 of this article, fails to comply with: The terms of a State or local permit, license, or approval; or Any State or local law, an approved plan, or other legal requirement; or Fails to maintain liability, property, or workers’ compensation insurance as required by law. The Critical Area Commission shall notify the Department of any tree expert who fails to comply with any requirement under paragraph (1)(ii) of this subsection. The Department may promulgate rules of ethics and temporarily suspend for a period not to exceed two years the license of any licensed tree expert who violates the rules of ethics. This power of suspension is in addition to, and not in limitation of, the power to revoke or suspend provided in subsection (a) of this section. A license issued under this subtitle may not be revoked or suspended until after the licensee has a hearing before the Department. Notice of the cause for suspension or revocation and the hearing date shall be sent to the licensee at the last known address of the licensee by registered or certified mail at least 20 days before the hearing. The nonappearance of the licensee after the required notice has been given, does not prevent holding the hearing. The Department may reissue any tree expert’s license previously revoked under rules and regulations it prescribes.

The Department may issue and grant a license to or otherwise authorize the practice as a tree expert in Maryland by any person who is a lawful holder of a tree expert license under the laws of another state which extends similar privileges to licensed tree experts of this State. The requirements for the license in the state which has granted it must be, in the opinion of the Department, at least equivalent to those provided for in Maryland.

A person may not: (1) solicit, advertise, or represent the person to the public as a tree expert, or assume to practice as a tree expert without having received a license; or (2) after having received the license and subsequently losing it by revocation or suspension continue to practice as a tree expert; or (3) use the title or abbreviation “L.T.E.” or any other words, letters, or abbreviations tending to indicate that the person is a licensed tree expert or a tree expert without having received a license, or when the license has been revoked or suspended. If the owner of a tree employs any person to engage in the practice of a “licensed tree expert” as provided in § 5–415 of this subtitle, the owner is not subject to this penalty. A person may not advertise that the person can provide tree services, including treatment, care, or removal of trees, unless the advertisement includes: The license number of the licensed tree expert advertising tree services in one of the following forms: “Licensed Tree Expert No.___” or “L.T.E. No.___”; or A statement that all tree services are limited to trees 20 feet tall or less.

“Urban and community forestry” means the management of forests and trees in urban and community areas to improve their health, vigor, and composition.

The General Assembly finds and declares that forests and trees are an important and necessary part of the urban and community environment and that the retention, enhancement, and management of these forests and trees by local governments is in the best interest of the citizens of this State.

The Department shall establish and administer an urban and community forestry program to provide State or federal financial assistance, on a matching basis, to: A county or municipal corporation that implements a local urban and community forestry program within its jurisdiction; or A nonprofit corporation that participates in the implementation of a local urban and community forestry program. The county or municipal corporation may hire an individual to direct its program with the cooperation of the Department. The Department’s urban and community forestry program shall provide technical assistance to counties, municipal corporations, nonprofit corporations, and individuals for the retention and management of forests and trees. This technical assistance may include: Street tree inventories; Technical evaluation of site development plans; Management recommendations for the retention, protection, and utilization of forests and trees in developments; Assistance to planning and zoning departments; Advice on insect and disease control; Advice to counties and municipal corporations in implementing and conducting their own urban and community forestry program; and Advice to nonprofit corporations participating in the implementation of an urban and community forestry program.

The governing body of a county or municipal corporation, by appropriate resolution or ordinance, may implement a local urban and community forestry program within its jurisdiction or enter into a cooperative agreement with the Department. The Department may accept federal funds and provide funds, on a matching basis, to: Cooperating counties and municipal corporations for the purpose of administering an urban and community forestry program; and Nonprofit corporations that participate in the implementation and administration of an urban and community forestry program. Any urban and community forestry program within the Department shall be: Funded as provided in the budget; and Consistent with § 5–307 of this title.

The General Assembly finds and declares that: Forests and trees play an important role in the restoration and enhancement of the Chesapeake Bay and its tributaries; and The establishment and supplementation of forests and trees along the Chesapeake Bay and its tributaries is in the best interests of the residents of the State.

The Department shall establish a Green Shores Program to promote and cause the planting and maintenance of forested buffers around the Chesapeake Bay and its tributaries. The Green Shores Program may include: Providing grants in the form of trees, money, materials, or expertise to local governments, nonprofit corporations, and State agencies to be used for planting or enhancing forested buffers around the Chesapeake Bay and its tributaries; Educating the public about the benefits of trees and forested buffers, including: Establishing demonstration forest buffers on public lands; Providing educational and promotional materials to schools; Providing grants to schools for their own educational programs; Developing and disseminating educational and promotional materials to the public; and Coordinating volunteer efforts; and Promoting forested buffers on private land by providing: Technical assistance, such as preparing site plans and coordinating planting arrangements; and Economic incentives, including cost-sharing programs.

In order to implement the Green Shores Program, the Department may: Enter into contractual agreements with other State agencies, local governments, nonprofit corporations, and private citizens who receive payments or grants; Set priorities by watersheds for the dissemination of grants and payments; and Adopt regulations. Any contractual agreement that the Department enters into under the Green Shores Program shall specify the terms of the grant or payment.

In this part, “Program” means the Pamela J. Kelly Tree–Mendous Maryland Program.

The General Assembly declares that it is in the public interest to have a program that encourages the involvement of residents of the State in active stewardship of the State’s natural resources by planting native trees.

There is a Pamela J. Kelly Tree–Mendous Maryland Program in the Department. The Program is established for the purpose of promoting community participation in tree planting and stewardship and the planting and maintaining of native trees and shrubs through community forestry activities on public lands, community open spaces, school grounds, and rights–of–way. The Department shall administer the Program. The Department may adopt regulations to carry out this part.

The Program shall be funded by donations and grants received by the Department to be used for the Program. The Department may seek, accept, and expend donations and grants for the implementation and administration of the Program. All money received for the Program under this section shall be used only for funding the implementation and administration of the Program.