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ART. XXXIXA] FORESTRY. 287
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ARTICLE XXXIXA.
FORESTRY.
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Roadside Trees.
15H. Permit required to cut down or
trim ; exceptional cases ; penalty.
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Miscellaneous.
16A. Cutting, burning, etc., trees or
timber; penalty.
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Roadside Trees.
15A.
The act of 1914, chapter 824, held constitutional and valid. Purpose of
said act. The requirement of a permit from the board of forestry for the
trimming or removal of roadside trees, so far as it affects proprietary
rights, is a regulation merely and not a possible prohibition. The author-
ity of the legislature to make reasonable provision for the protection of
highway easements cannot be disputed. The constitution does not prohibit
the delegation to a public board serving as a governmental agency of a
function to fix charges for the inspection of conditions prior to the issu-
ance of permits and for subsequent supervision. Act of 1914 upheld under
police power. G. & P. Tel. Co. v. Board of Forestry. 125 Md. 666.
1914, ch. 824. 1916, ch. 548.
15H. Any person or persons who may desire to cut down or trim
any roadside tree shall make application to the State Board of Forestry
for a permit; except in the two following cases, (1) that where trees
are uprooted or branches of trees broken in such manner that they shall
come in contact with telephone, telegraph, electric light or other wires
carrying electric current, or where such trees or branches shall endanger
persons or property, such trees or branches of trees as the case may be,
may be removed in such an emergency without first obtaining a permit
from the State Board of Forestry, and (2) that trees standing within
the right-of-way of unimproved public roads which have not been sur-
faced with either stone, shell, gravel, concrete, brick, asphalt or other
improved surface may be cut down and removed by the abutting land
owner for his own use without first obtaining a permit.
Any person or persons who shall cut down, trim, multilate or in any
manner injure any roadside tree, except as provided for in this section,
without a permit from the State Board of Forestry or its duly author-
ized representative shall be guilty of a misdemeanor, and upon convic-
tion shall be punishable by a fine of not less than five dollars or more
than fifty dollars for each offense, which fine shall be payable to the
State Board of Forestry for the purposes described in this sub-title.
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