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780 LAWS OF MARYLAND [Ch. 4
WORK SHALL REIMBURSE THE DEPARTMENT FOR THE SERVICES
OF THE FOREST WARDEN AND HIS HELPERS UPON PRESENTATION
OF THE FOREST WARDEN'S ACCOUNTS WITH VOUCHERS, AND
UPON THE APPROVAL OF THE DEPARTMENT. THE APPLICANT
SHALL PAY FOR THE FOREST WARDEN'S SERVICES IN
EXAMINING CONDITIONS SERVING AS A BASIS FOR PERMITS
APPLIED FOR UNDER § 5-406, FOR ISSUING PERMITS, AND
FOR SUPERVISING WORK AUTHORIZED BY THE PERMITS. THE
DEPARTMENT SHALL DETERMINE THE RATE TO BE PAID UNDER
THIS SECTION.
REVISOR'S NOTE: This section presently appears as
Article 66C, section 364 of the Code. The
nomenclatural change of Director to
department follows that of Chapter 290,
Acts of 1972. The only other changes made
are in style.
5-406. PERMIT TO CUT DOWN OR TRIM TREES; PROHIBITED
CONDUCT WITHOUT PERMIT.
(A) APPLICATION FOR PERMIT REQUIRED,
EXCEPTION.—-ANY PERSON WHO DESIRES TO CUT DOWN OR TRIM
ANY ROADSIDE TREE SHALL APPLY TO THE DEPARTMENT FOR A
PERMIT, EXCEPT THAT: (1) IF A TREE IS UPROOTED OR ITS
BRANCHES BROKEN SO AS TO CONTACT TELEPHONE, TELEGRAPH,
ELECTRIC POWER, OR OTHER WIRES CARRYING ELECTRIC
CURRENT, OR IF THE TREE OR ITS BRANCHES ENDANGER
PERSONS OR PROPERTY, THE TREE OR ITS BRANCHES MAY BE
REMOVED WITHOUT FIRST OBTAINING A PERMIT FROM THE
DEPARTMENT; AND (2) A TREE STANDING WITHIN THE
RIGHT-OF-WAY OF A PUBLIC ROAD WHICH HAS NOT BEEN
SURFACED WITH EITHER STONE, SHELL, GRAVEL, CONCRETE,
BRICK, ASPHALT, OR OTHER IMPROVED SURFACE MAY BE CUT
DOWN AND REMOVED BY THE ABUTTING LANDOWNER FOR HIS OWN
USE WITHOUT FIRST OBTAINING A PERMIT.
REVISOR'S NOTE: This subsection presently appears
as the first part of Article 66C, section
365 of the Code. The nomenclatural changes
of Department of Forests and Parks to
Department of Natural Resources reflect
Chapter 348, Acts of 1972. The only other
changes made are in style.
(B) PROHIBITED CONDUCT.—A PERSON MAY NOT CUT
DOWN, TRIM, MUTILATE, OR IN ANY MANNER INJURE ANY
ROADSIDE TREE, EXCEPT AS AUTHORIZED BY THIS SECTION,
WITHOUT A PERMIT FROM THE DEPARTMENT.
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