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Is Howard County Responsible for the Tree by the Road?

Sometimes yes — and when it is, removal is free. But the same rules that make the county responsible make it illegal for you to touch that tree without a state permit, even if it’s dying in front of your house.

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Quick answer

Trees in the county right-of-way — typically the strip between the road and roughly the sidewalk or utility poles — are Howard County's responsibility. The Bureau of Highways Tree Division removes dead right-of-way trees and clears fallen limbs from roads; report one at 410-313-7450 or via SeeClickFix. But under Maryland's Roadside Tree Law, any tree work in a public right-of-way requires a DNR permit and a Licensed Tree Expert — homeowners cannot legally prune or remove these trees themselves, even ones they planted.

Every street in Howard County has them: trees growing in that ambiguous strip between the asphalt and the front yards, mowed by homeowners, shading the road, owned by… somebody. When one of them dies, the question of whose problem it is has a genuinely useful answer — because if it's the county's tree, removal costs you nothing. And a legal trap — because if it's in the right-of-way, you can't touch it either.

Where the right-of-way actually is

The public right-of-way is wider than the pavement. On a typical county road it extends past the shoulder or curb to include the roadside strip — often to about the sidewalk, or roughly the line of the utility poles. Your deed and the county's GIS parcel viewer show the actual boundary, and it's frequently several feet further into "your" front yard than homeowners assume. A tree can stand in grass you've mowed for twenty years and still be a public roadside tree.

If it’s the county’s tree

Howard County's Bureau of Highways Tree Division maintains trees in the county right-of-way: raising limbs that hang over the road, clearing storm-fallen trees off the pavement, and removing dead right-of-way trees. Their working threshold for removal is a tree that's roughly 75–100% dead — a substantially dead street tree qualifies; a thinning-but-alive one gets evaluated.

Reporting is simple and free: call 410-313-7450 or file through the county's SeeClickFix system, which is the same channel for downed limbs blocking a road. Set expectations on timing — removals run on the Division's backlog, and stump grinding is tracked separately and can trail the removal by up to a year. If a stump seems forgotten, the county asks that you call the same number.

Two boundaries on this. State-numbered routes (Route 40, Route 108, Route 29 and the like) belong to the Maryland State Highway Administration, not the county — same idea, different agency. And a right-of-way tree that's fallen into wires is neither of them first: that's a BGE call at 877-778-2222 before anything else.

Why you can’t just handle it yourself

Here's the part that catches well-meaning homeowners. Under Maryland's Roadside Tree Law, any tree growing wholly or partly in a public right-of-way is a protected roadside tree, and working on one — removal, pruning, even planting — requires a permit from the DNR Forest Service. Commercial work on roadside trees must additionally be directed by a state Licensed Tree Expert. It doesn't matter that you planted the tree, water it, and rake its leaves: in the right-of-way, it's a public tree, and unpermitted work can draw DNR fines.

The narrow exceptions are genuine emergencies — a tree down and tangled in utility wires, or posing immediate danger to people or property. Short of that, the lawful paths are: report it to the county (free, slower), or pursue a DNR roadside tree permit for privately arranged work (faster, on your dime, and the work must meet the law's requirements).

The practical playbook

1. Establish where the line is. Deed, plat, or the county GIS viewer. If the trunk is entirely on your side of the right-of-way line, it's simply your tree — normal rules apply, including the county's own permit exceptions. If it straddles a neighbor's line instead, that's a different situation entirely — see our boundary tree guide.

2. If it's in the right-of-way and dead or dangerous, report it — 410-313-7450 or SeeClickFix, with photos. A dead street tree overhanging the road is exactly what the Tree Division exists for, and documented reports also start a paper trail: a county tree you reported that later drops a limb on your car is a very different liability conversation than one nobody flagged.

3. If it's yours, or the county declines and you want it handled, get a professional assessment of what's actually possible — including whether any part of the work crosses into the right-of-way and needs the DNR permit path. That determination is exactly the kind of thing to get in writing before anyone quotes you a price.

Not sure whose tree it is? We look at right-of-way questions constantly in Howard County — we'll tell you straight whether it's a county report, a permit situation, or a normal removal on your own land. Free written estimates: 410-826-9006.

Frequently asked questions

Who is responsible for trees between the sidewalk and the street in Howard County?

Generally Howard County, through the Bureau of Highways Tree Division, which raises limbs over county roads, clears fallen trees from the roadway, and removes dead trees from the county right-of-way. Report a problem tree at 410-313-7450 or through the county's SeeClickFix system. On state-numbered routes, the responsible agency is the Maryland State Highway Administration instead.

Can I cut down a tree in the right-of-way in front of my house?

No — not legally, even if you planted it and mow around it. Maryland's Roadside Tree Law requires a permit from the DNR Forest Service for any work on a tree growing wholly or partly in a public right-of-way, and commercial work must be directed by a state-Licensed Tree Expert. Unpermitted roadside tree work can draw fines from DNR.

Will Howard County remove a dying street tree for free?

If the tree is in the county right-of-way and substantially dead — the county's working threshold is roughly 75–100% dead — the Tree Division will remove it at no cost to you, though timelines depend on their backlog and stump grinding may come later. A declining-but-living tree is a harder case; reporting it starts the county's evaluation.