The following questions and answers can help you determine the types of permits you will need. For further detail, please refer to Title 12 (Trees and Vegetation) of the Takoma Park Code. Contact the City Arborist through the Department of Public Works at 301-891-7633 if you have questions
When do I need a tree impact assessment?
In general, if you are performing the following activities within 50 feet of a tree, located on your property or on a neighbors land, you will need a tree impact assessment:
Regrading three inches or more above or below grade (for example backfill behind a retaining wall)
Construction or placement of a structure other than a fence within 50 feet of an urban forest tree
Removing and replacing paving or installing new pavement such as sidewalks or driveways
Pruning or otherwise altering an urban forest tree (more than 5% of the canopy)
If you are performing these, or something similar, the City Arborist should be contacted to discuss whether a site visit and Tree Impact Assessment is required. Specific requirements related to the size of the project and the distance from a tree will affect whether or not these activities require a Tree Protection Plan Permit. The tree ordinance provides further details in section 12.12 You do not need a tree impact assessment under the following conditions:
Emergencies to prevent harm to life or property without time to notify the Arborist
Actions performed by utility companies
The City Arborist performs a Tree Impact Assessment to determine whether a Tree Protection Plan Permit is required. If a Tree Protection Plan is required, perhaps because the proposed construction may affect a neighbor's tree, you will be required to create a tree protection plan for submittal with the application form. On certain projects you may need to post a bond as well. The bond amount is the estimated cost of removal of the neighbor's tree(s) and the fair replacement costs. The bond must be secured for two years. The City Arborist determines if the critical root zone is affected and the amount of the bond. When do I need a tree protection plan?
Construction or other activities may damage a tree's roots or affect its water supply. To prevent or mitigate these negative effects you may need a tree protection plan for the following types of activities:
. Excavation
Adding dirt fill
. Construction of a structure
. Paving
The Tree Protection Plan Application is available on the Arborist Index page of the City web site.
Once a Tree Protection Plan application is received and approved by the City Arborist, the City notifies contiguous property owners allowing them 15 days to comment on the application. Only those property owners who share a property line with the applicant are permitted to comment. After the 15 day period has expired, if no comments or objections have been received, the application will be processed and the permit issued. If comments/objections are received, the Arborist will determine if modifications can be made to the plan or if the permit can be issued or should be denied. When do I need a tree permit?
If you plan to remove or significantly prune a tree (>5% of the live wood), you will probably need a tree permit. Tree permits are required for trees greater than the following size at breast height (4 ½ feet from the ground):
1. The tree's circumference is 24 inches or more; OR
2. The tree's diameter is 7 5/8 inches or more
If your property is in the historic district you may also need to obtain a Historic Area Work Permit. Tree permits in the historic district are required for trees greater than the following size at breast height (4 ½ feet from the ground):
1. The tree's circumference is 18.33 inches or more; OR
2. The tree's diameter is 6 inches or more
If a tree receives a waiver (for example, because it's dead), you will have immediate approval to remove the tree provided notice of the activity is posted for seven days before, during and/or after the removal.
If the application for a permit is preliminarily approved, you will go through a 15-day posting period when anyone in Takoma Park can protest the removal of the tree. If the removal is not protested, you may remove the tree after a replacement tree agreement is confirmed with the City.
If there's a disagreement about a tree removal, the City Tree Commission will hold a hearing to determine the fate of the tree. This can occur for two reasons:
1. If the City Arborist denies a tree removal permit, and you appeal; OR
2. If the City Arborist preliminarily approves a tree removal permit, but that action is protested by a member of the public.
Either way, if the Tree Commission denies permission for removal, you have 30 days to take an appeal to the Circuit Court in Rockville.
A Tree Removal Permit application is available at the Public Works office or from the Arborist Index page on the city web site. If I receive a tree removal permit, do I have to replace the tree?
Yes. You will be required to do some sort of tree replacement. The "replacement" may consist of several trees depending on the size and quality of the tree being removed. All replacement trees must be at least 1 ½ inches in caliper from good nursery stock trees and planted within six months of the issuance of the permit. The tree will not need to be planted where the removed tree was. Alternately, you may donate a set amount to the City's tree replacement fund in lieu of planting actual trees. What qualifications should I look for if I'm hiring someone to care for my trees?
Any tree work done for hire in the City - including tree removal, pruning, or consulting - must be done by a Maryland Licensed Tree Expert. This license ensures that the company has some knowledge of tree care, urban forestry and has proper insurance to perform work on private property. If you do not use a licensed company, you may be fined $400 by the City and could face further fines from the State. If the person doing the work is unlicensed and uninsured you could be liable for their care if they are injured. What if I start a construction project without the necessary permits?
Any of the following activities could result in a fine of up to $1000:
. Construction without a tree impact assessment or tree protection plan
. Violation of an approved tree protection plan
. Pruning without a tree impact assessment
. Removal of a tree without the proper permit What plants can I put on the grass strip between the sidewalk and the road?
You do not need special permission to plant or maintain non-woody vegetation as long as it's less than two feet tall. This is also true in any other part of the City right of way.
Note: the right of way is the area (usually near a road) where the City or utility companies place utility poles, street signs and other necessary items. What tree should I plant?
Different trees work well in different locations depending on the soil, light, water, and other conditions. The Tree Selection Guide includes information on sizes and preferred conditions of trees suitable for the Washington metro area. There are many other varieties of trees available beyond this list, but it is a good starting point. More information can be found at local arboreta such as Brookside Gardens and the National Arboretum, as well as your favorite garden center.