# Natural Resources (GNR)

## Title 5. Forests and Parks

### Subtitle 5. Pine Tree Reforestation

#### Section 5-501

(a) In this subtitle the following terms have the meanings indicated.

(b) "Cutting operation" means the cutting of timber for commercial purposes from five acres or more of land on which loblolly pine (Pinus taeda), shortleaf pine (Pinus echinata), or pond pine (Pinus serotina), singly or together occur and constitute 25 percent or more of the live trees on each acre.

(c) "Diameter" means the distance through the tree at the point of average thickness as measured from outside the bark to outside of bark at a point on the trunk eight inches above the general ground level.

(d) "Landowner" means the person holding title to the land or possessing the right to contract for the cutting operation thereon.

(e) "Operator" means any person, including a "landowner", who conducts any cutting operation.

(f) "Person" includes the State, any county, municipal corporation or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation or any other entity.

(g) "Pine" means any loblolly (Pinus taeda), shortleaf pine (Pinus echinata), or pond pine (Pinus serotina).

(h) "Seedling" means a young loblolly, shortleaf, or pond pine plant less than six inches in diameter.

(i) "Tree" or "timber" means any tree of a currently commercially valuable species which is six inches or more in diameter.

#### Section 5-502

(a) The General Assembly declares that the maintenance and reproduction of the pine forest resource of the State is in the public interest and provides significant recreational, esthetic, wildlife and environmental benefits as well as wood fiber essential to commerce and industry for the citizens of the State.

(b) The General Assembly finds that the pine forest resources of the State are being harvested at a greater rate than they are being replanted or reproduced. It further finds that unless measures are instituted to ensure that the pine forest resources are sustained, this natural resource will be depleted to the detriment of the citizens of the State. Consequently, it is the intent of this subtitle to require that when commercial cutting operations are conducted in the State measures are taken to ensure that pine forests are reproduced or replanted.

#### Section 5-503

The Department may adopt rules and regulations to administer the provisions of this subtitle.

#### Section 5-504

(a)

  (1) Except as otherwise provided by this section, upon completion of any cutting operation the operator or landowner shall leave uncut and uninjured at least eight cone-bearing loblolly, shortleaf, or pond pine trees 14 inches or larger in diameter on each acre cut for the purpose of reseeding. If eight cone-bearing loblolly, shortleaf, or pond pines 14 inches in diameter are not present on any acre, the operator or landowner shall leave uncut and uninjured in place of each cone-bearing loblolly, shortleaf, or pond pine tree of the required diameter, at least two cone-bearing pine trees of the next largest diameter there standing. Trees left uncut pursuant to this section for the purpose of reseeding shall be healthy, windfirm, well-distributed throughout each acre, and with well-developed crowns possessing a sufficient number of cones to reforest the areas affected by the cutting operation.

  (2) Cone-bearing pine trees need not be reserved if there are at least 400 loblolly, pond, or shortleaf pine seedlings on each acre which are vigorous, well distributed throughout, and free to grow upon completion of the cutting operation.

(b) Instead of leaving pine trees or seedlings pursuant to subsection (a) of this section, the area where any cutting operation has been conducted may be reforested pursuant to a plan approved by the Department.

#### Section 5-505

(a) A cutting operation may not commence unless seed trees have been reserved or a reforestation plan has been approved by the Department. The reforestation plan shall be prepared by the landowner or his agent and shall be designed to assure the reproduction and maintenance of growth of young, vigorous pine trees.

(b) An operator or landowner proposing to reforest any area of a cutting operation pursuant to an approved plan shall notify the Department at least 24 hours prior to initiation of the cutting operations.

(c) Except as permitted by Sec. 5-507 of this subtitle, the landowner shall not cut or permit to be cut any pine tree required to be reserved for reseeding for three years after completion of the cutting operation and will so bind his successor in title. The reforestation plan shall be accompanied by a statement of the landowner, on a form furnished by the Department that he will not perform any act or permit any act to be performed which prevents reforestation and will so bind his successor in title. The provisions of this subsection do not apply if the landowner places the land in any of the uses permitted in Sec. 5-507 of this subtitle.

(d) The Department shall approve, approve with modifications, or reject any plan submitted to it within 30 days. The determination of the Department shall be in writing setting forth the reasons for approval, approval with modifications, or rejection and shall be forwarded to the operator or landowner.

#### Section 5-506

A person may not cut or permit to be cut any pine tree or seedling required to be reserved for reseeding or planted under a reforestation plan or perform any act or permit any act to be performed which prevents reseeding or reforestation of any area upon which a cutting operation has been conducted.

#### Section 5-507

This subtitle does not apply to the cutting of timber for reservoirs, military installations, agriculture, communication and transmission lines, industrial sites, railroads, residential or recreational purposes, or residential or commercial construction. This subtitle does not apply to commercial cutting operations undertaken pursuant to a contract executed prior to January 1, 1978.

#### Section 5-508

On application of the Department, acting through the Attorney General, the circuit court for the county where a cutting operation is located, by appropriate order, may enforce compliance with or enjoin the violation of any provision of this subtitle or rule or regulation adopted pursuant to it. Enforcement may include the assessment by the court in its discretion of money damages payable by the violator to the Department which is equal to the estimated cost of compliance with this subtitle. The Department may enforce payment of any award in the same manner as other money judgments of the court. Any money the Department collects shall be used for compliance with this subtitle on the land where the violation occurred.

#### Section 5-509

The provisions of Subtitle 13 do not apply to this subtitle.

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Md. Code Ann., Nat. Res. (as displayed at mgaleg.maryland.gov, October 16, 2026)
