Md. Code Regs. 08.07.02.02

Current through Register Vol. 51, No. 12, June 14, 2024

Section 08.07.02.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Director" means the Director of the Department of Natural Resources - Forest Service, or the Director's authorized representative.

(2) "Dripline" is a line extending from the outer reaches of a tree crown vertically to the ground.

(3) "Forest Service" means the Maryland Forest Service.

(4) "Licensed tree expert" means a person licensed under Natural Resources Article, § 5-415 et seq., Annotated Code of Maryland.

(5) "Person" includes the State, a county, municipal corporation, or other political subdivision of the State, or their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or a partnership, firm, association, public or private corporation, or other entity.

(6) "Pesticide" means a:

(a) Chemical or biological preparation used to kill, inhibit, or regulate growth on targeted plants, their spores or seed, including:

(i) Herbicides,

(ii) Insecticides,

(iii) Tree growth regulators, and

(iv) Fungicides;

(b) Substance or mixture of substances intended for:

(i) Preventing, destroying, repelling, or mitigating pests,

(ii) Use as a plant regulator, defoliant, or desiccant, or

(iii) Use as a spray adjuvant such as a wetting agent or adhesive.

(7) "Public road" means a road the title to which, or the easement for the use of which, is vested in a public body or governmental agency.

(8) "Recommended tree list" means a list of trees approved by the Forest Service and those recommended by the Forest Service that are suitable for planting on specific sites and for specific conditions within the right-of-way of a public road.

(9) "Right-of-way of a public road" means that land the title to which, or an easement for which, is held by the State, county, or a municipality for use as a public road.

(10) "Roadside tree" or "tree" means a plant that has a woody stem or trunk that grows all, or in part, within the right-of-way of a public road.

(11) "Roadside tree care expert" means an individual representing a governmental agency who:

(a) Is designated to supervise that government's roadside tree planting and maintenance operations;

(b) Has passed the Forest Service's examination for Roadside Tree Care Experts; and

(c) Has been approved by the Forest Service as qualified to supervise that government's tree care program.

(12) "Tree care" means:

(a) Removal of a roadside tree;

(b) Planting or maintenance, or both, of a roadside tree;

(c) Application of pesticide to a roadside tree; or

(d) Treatment that may affect the health or growth of a roadside tree.

(13) "Tree care crew" means a unit from a public or private entity whose purpose is to maintain roadside trees as defined in §B(10) of this regulation, characterized by a service truck and supervised by a licensed tree expert.

(14) "Tree care standards" means tree care approved by the Forest Service and in accordance with the roadside tree care standards set forth in Regulations .07-.09 of this chapter.

Md. Code Regs. 08.07.02.02

Regulations .02 adopted effective January 31, 1994 (21:2 Md. R. 97)
Regulation .02B amended effective July 5, 2004 (31:13 Md. R. 993); March 23, 2009 (36:6 Md. R. 489); amended effective 43:3 Md. R. 271, eff.2/15/2016