856                              Laws of Maryland                      [Ch. 290

CHAPTER 290
(House Bill 538)

AN ACT to repeal and re-enact, with amendments, Section 359, 360,
and 361 of Article 66C, OF THE Annotated Code of Maryland
(1970 Replacement Volume) title "Natural Resources," subtitle
"Forests and Parks," subheading "Roadside Trees," to clarify the
definition of the term "roadside trees" and the procedures for
planting, caring for, and protecting roadside trees.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 359, 360, and 361 of Article 66C of the Annotated Code
of Maryland (1970 Replacement Volume), title "Natural Re-
sources," subtitle "Forests and Parks," subheading "Roadside Trees,"
be and they are hereby repealed and re-enacted, with amendments,
to read as follows:

359.

Roadside trees as designated in this subheading shall mean all
[trees planted by the Forest Wardens; or existing trees three inches
or more in diameter measured two feet from the ground that may be]
trees or shrubs growing within the right-of-way of any public road
or between the curb lines and property lines of any street in an
incorporated town [in this State].

360.

When the county commissioners GOVERNMENT or the road
supervisors of any county of this State, the [State Roads
Commission] Department of Transportation, the [town] coun-
cil of any city or incorporated town, or any organization or
person shall apply to the [Director] Department for the plant-
ing, [of trees or for the] care, [and] or protection of [ex-
isting] roadside trees [along a public road or street, and the
Director deems an examination necessary, he shall instruct the local
forest warden to examine the situation where planting, care, or
protection of trees is desired and to report the conditions with his
recommendations to the Director. If, in the judgment of the Dirctor
DIRECTOR, the planting of trees or the care or protection of exist-
ing trees is advisable, he shall submit a plan covering the required
operations with his recommendations and an estimate of the cost of
the work to the organization or person from which the application
originated.] the Department shall evaluate the application and in-
form the applicant concerning the advisability of the requested
planting, care, or protection. If, in the judgment of the Department,
the requested planting, care, or protection is advisable, the Depart-
ment shall prepare and submit to the applicant a plan for the same,
including an estimate of the cost.

361.

No plan of planting [or] , care, or protection of roadside trees shall
become operative [under this section] until such plan has been ap-
proved by the organization or person making the application and [not
until the] said organization or person [shall guarantee] has guaran-