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Can you face criminal charges for cutting down a tree on your property in Maryland?

By
Real Estate Agent with Coldwell Banker Residential Brokerage 531132
Cutting TreeIf you live on the water, or within 1000 feet of tidal water in Maryland, you had better be aware of restrictions imposed within this Cheasapeake Bay Critical Area. For instance, if you cut that tree down on your property to get a better view of the water, you could face both civil and criminal charges. Yes, that wasn’t a typo...criminal charges.

A homeowner was recently sued by the State for cutting down trees on his waterfront property to get a better view. He was sued simultaneously in both Civil and Criminal Courts.

His fine in Civil Court exceeded $10,000, and he got lucky in Criminal Court with a Probation before Judgement. He is also required to get permits for the work he already did, as well as plant trees and shrubs to replace the missing ones. Along with his legal expenses, this was a very expensive lesson.

Recent State laws now allow for prosecution of offenders in both Civil and Criminal Courts. Anne Arundel County is being particularly aggressive with this stance.
Maryland waterfront homeowners, and any homeowner in the Critical Bay zone, should take heed that any activity involving trees, shrubs and underbrush should be reviewed with the County beforehand.

According to the County website, “Except for routine grass cutting and maintenance of existing garden and landscaped areas, removal of any existing natural vegetation within the Critical Area buffer or protected forests or woodland is subject to prior approval through the Code Compliance Division. Call (410) 222-7441 for information on obtaining a standard Buffer Management Plan or Forest Management Plan.”

Plan to err on the side of caution before making any landscaping changes to your waterfront property...call the County first to see if the work you’re planning on doing is legal.
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 Richard Iarossi is a full time licensed REALTOR®, working in Crofton, MD. My coverage areas are: Anne Arundel, Prince George’s, Howard, Calvert, Queen Anne, and Baltimore City and County. I specialize in residential real estate, working with both buyers and sellers. Use the registration free search on my website at www.RichSellsHomes.com. If you’re not already working with a REALTOR®...I can help. Call me at 443-995-9595 (Cell) or 410-451-6255 (Office).

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Comments(60)

Brian Madigan
RE/MAX West Realty Inc., Brokerage (Toronto) - Toronto, ON
LL.B., Broker

Rich,

In Toronto, it's a by-law infraction, so just a fine and penalties, but no criminal offence.

Brian

Feb 02, 2012 01:12 PM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Richard - I came from the reblog by Lenn. It is really a very expensive lesson. I did not know that it could also carry criminal charges.

Feb 02, 2012 01:30 PM
Tatyana Makarov
Century 21 All Points Realty - South Windsor, CT
Your Greater Hartford Area Realtor

Wow! Criminal charges! I would never thought about it.... Maybe some fine and penalties... that is it.

Thanks for sharing.

Tatyana.

Feb 02, 2012 01:33 PM
Evelyn Kennedy
Alain Pinel Realtors - Alameda, CA
Alameda, Real Estate, Alameda, CA

Richard:

Wow your state is tough on tree cutters.  I can understand civil penalties, but criminal charges seem excessive.

Feb 02, 2012 03:44 PM
Cheryl Ritchie
RE/MAX Leading Edge www.GoldenResults.com - Huntingtown, MD
Southern Maryland 301-980-7566

Reblogged! This is a very good post for Southern Maryland counties, too!

Feb 02, 2012 04:39 PM
Sandy Acevedo
951-290-8588 - Chino Hills, CA
RE/MAX Masters, Inland Empire Homes for Sale

Hi Richard, that is some expensive view! Is it some kind of wild life preserve there?                  

Feb 02, 2012 06:24 PM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

We have some laws in Florida that are similar.  It's based on the protection of the rivers and our estuary's.  Most trimming and cutting on one's property can be done, but it needs permitting.  We are still suffering and trying to clean up our waterways because of lax rules from the past.

Feb 02, 2012 10:44 PM
Susan Krancer
Ford's Colony Realty - Williamsburg, VA
Your Ford's Colony Connection!

Virginia is very tough also.  Here's an example... $13,000 fine PLUS $10,000 in required new plantings.

http://www.wydaily.com/local-news/7290-jcc-resident-fined-for-clear-cutting.html

Feb 03, 2012 01:44 AM
Buster Avila
RE/MAX Metro - Saint Petersburg, FL
None

Thank you, Richard.  This is so important to buyers in your region.  It's a sad fact that buyers (and owners) just don't do their research, which is why they need "experts" like you! 

And thank you, Lenn, for your voice of reason in the midst of all the "outrage" comments.  I'm a huge fan of the Chesapeake Bay region - met it at its worst in the early 80's and watched it get cleaner over the past 30 years thanks to all those rules and regs that everyone is complaining about.  The actions of each individual property owner do have an impact on everyone else when it comes to the watershed.

If it weren't for the actions of those "un-American tree-hugging environmentalists", the oysters, blue crabs, and rockfish would be GONE.

Anyway, every place I lived that had landscaping regs, you had to get a certified arborist to state that the tree was dead or dying or diseased and then it was easy to get whatever permit you needed.  Some places you had to plant a certain amount of replacement shrubs or trees for each one removed for whatever reason.

And here in my neck of the woods, a certain homeowner chopped down a day shape in the water off his seawall to improve his view! As in, a navigation aid that boaters use to discern the channel.  And, it was chopped down to the waterline, so you could barely see where it was at low tide and the underwater pole became a navigation hazard.  I'm pretty sure that one was a federal offense.

Feb 03, 2012 02:08 AM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Richard:  It's not only on waterfront property that stuff happens to people that decided to 're-shape' their views. My assocation where I live cut down a bunch of healthy trees & the village fined them a whopping $25K plus they have to plant X more trees for each one they cut down.  Not funny. 

There was a story about Mr T in our area if anyone remembers where he decided to cut down trees on his property on the North Shore of IL. Big problems for him - they basically fined him & then ran him out of town. 'Fool'.

Feb 03, 2012 02:57 AM
Marshall Brown
Mid America Inspection Services, LLC - Fargo, ND
BSEE, CHI

It seems there will always be conflicts between individual rights and society rights. It does seem overly restrictive to restrict landscaping decisions on your own property but on the other hand such decisions do impact the view your neighbor have and perhaps even adversely some wildlife.

I for one would oppose an individuals right to store large amounts of explosives on their property or their right to dump their raw sewage in their back yard. It's fairly easy to see how these activities can impact society.

Less apparent is how much damage is done to society when you stick a politically charged sign in your front yard, trim your landscaping to your own tastes or paint your front door some obnoxious color.

The trick seems to be trying to balance restricting individual rights and actual damage to society. In understanding that there will be few if any perfect solutions we should strive for those which we can all find a degree of peace with.

Feb 03, 2012 04:10 AM
Marcie Sandalow
Marcie Sandalow, Compass 301.758.4894 - Bethesda, MD
Bethesda Chevy Chase DC real estate

Great post, Richard.  Knowing how fragile the Chesapeake Bay has become, I am a big fan of the restrictions.  No fun for homeowners, to be sure, but a sacrifice for the larger community, not to mention the health of our water system. 

Feb 03, 2012 05:44 AM
Ann Cordes
Century 21 Randall Morris and Associates, Waco - Waco, TX
Home Ownership is Not a Distant Dream

Wow. That's a pretty stiff penalty for cutting down a tree on your own property. What is their reasoning? Is it because of flood concerns and they want the vegetation left in place to stop water?

Feb 03, 2012 05:46 AM
Debora Nichols
Residential Sales, Purchases, Investors, Vacation Homes - Phoenix, AZ
Realtor Anthem,Phoenix,Scottsdale,Glendale,Peoria

Wow, who would have thought????  To cut down a tree?????

Feb 03, 2012 08:25 AM
Kasey & John Boles
Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID
Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

I see I'm not the only commenter who wanted to start her comment with "Wow!" That's pretty crazy.  I guess that is why it is important to know local laws.  What a bummer. -Kasey

Feb 03, 2012 06:24 PM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

In California you can get a ticket for burning wood in your fireplace on the wrong day.  The government is going too far.

Feb 04, 2012 04:24 AM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home is where the hearth is.

@ Lyn, that was Lake Forest (my neck of the woods).

Feb 04, 2012 09:18 AM
Ernie Steele
Lebanon, PA

Rich, I think the varying comments here make for interesting reading and Lenn's comments about the Chesapeake Bay Foundation and runoff and polution are right on...Marcie makes a good point too...You're damned if you do and damned if you don't...Enjoy your day.

Feb 04, 2012 10:47 PM
Bob Miller
Keller Williams Cornerstone Realty - Ocala, FL
The Ocala Dream Team

Hi Richard, You sure can!  I spent 28 years in Linthicum and the folks in Crofton may even be more picky.

Feb 05, 2012 01:33 AM
Sylvie Stuart
Realty One Group Mountain Desert 928-600-2765 - Flagstaff, AZ
Home Buying, Home Selling and Investment - Flagsta

Not calling the County before making changes to your property proves it can be very costly. It's always best to play it safe and double check. That's crazy that there wre criminal charges!!

Feb 08, 2012 12:20 AM