778                                       LAWS OF MARYLAND                            [Ch. 4

IN THIS SUBTITLE, ROADSIDE TREE MEANS ANY TREE OR
SHRUB GROWING WITHIN THE RIGHT-OF-WAY OF ANY PUBLIC
ROAD.

REVISOR'S NOTE: This section presently   appears as

Article 66C, section 359 of the     Code, as

amended by Chapter 290, Acts of   1972. The
only changes made are in style.

5-402. POWERS OF DEPARTMENT; ESTABLISHMENT OF STATE
FOREST NURSERIES.

THE DEPARTMENT MAY PLANT TREES ALONG THE

ROADSIDES, PAKE RULES AND REGULATIONS GOVERNING THE

PLANTING, CARE FOR AND PROTECT ANY ROADSIDE TREE, AND

ESTABLISH ONE OR MORE STATE FOREST NURSERIES FOR THE
PROPAGATION OF TREES FOR ANY ROADSIDE PLANTING.

REVISOR'S NOTE: This section presently appears as
Article 66C, section 358 of the Code. The
reference to the "Department of Forests and
Parks" is proposed for deletion and
replaced with "Department of Natural
Resources" in light of Chapter 348, Acts of
1972. The only other changes made are in
style.

5-403. PLANS FOR PLANTING OR CARE OF TREES.

(A) APPLICATION.—IF THE GOVERNING BODY OR THE
ROAD SUPERVISORS OF ANY COUNTY OF THE STATE, THE
DEPARTMENT OF TRANSPORTATION, THE COUNCIL OF ANY
MUNICIPALITY, OR ANY ORGANIZATION OF PERSON APPLIES TO
THE DEPARTMENT TO PLANT, CARE, OR PROTECT ANY ROADSIDE
TREE, THE DEPARTMENT SHALL EVALUATE THE APPLICATION
AND INFORM 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
DEPARTMENT SHALL PREPARE AND SUBMIT TO THE APPLICANT A
PLAN FOR THE SAME, INCLUDING AN ESTIMATE OF THE COST.

REVISOR'S NOTE: This subsection presently appears
as Article 66C, section 360 of the Code, as
amended by Chapter 290, Acts of 1972. The
only changes made are in style.

(B) APPROVAL AND IMPLEMENTATION OF PLAN.—ANY
PLAN TO PLANT, CASE, OR PROTECT ROADSIDE TREES MAY NOT
BECOME OPERATIVE UNTIL THE APPLICANT APPROVES THE PLAN