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

2. B. Terms Defined.

   1. (1) “Director” means the Director of the Department of Natural Resources — Forest Service, or the Director’s authorized representative.
   2. (2) “Dripline” is a line extending from the outer reaches of a tree crown vertically to the ground.
   3. (3) “Forest Service” means the Maryland Forest Service.
   4. (4) “Licensed tree expert” means a person licensed under Natural Resources Article, §5-415 et seq., Annotated Code of Maryland.
   5. (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. (6) “Pesticide” means a:

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

         1. (i) Herbicides,
         2. (ii) Insecticides,
         3. (iii) Tree growth regulators, and
         4. (iv) Fungicides;

      2. (b) Substance or mixture of substances intended for:

         1. (i) Preventing, destroying, repelling, or mitigating pests,
         2. (ii) Use as a plant regulator, defoliant, or desiccant, or
         3. (iii) Use as a spray adjuvant such as a wetting agent or adhesive.
   7. (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. (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. (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. (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. (11) “Roadside tree care expert” means an individual representing a governmental agency who:

       1. (a) Is designated to supervise that government's roadside tree planting and maintenance operations;
       2. (b) Has passed the Forest Service's examination for Roadside Tree Care Experts; and
       3. (c) Has been approved by the Forest Service as qualified to supervise that government's tree care program.

   12. (12) “Tree care” means:

       1. (a) Removal of a roadside tree;
       2. (b) Planting or maintenance, or both, of a roadside tree;
       3. (c) Application of pesticide to a roadside tree; or
       4. (d) Treatment that may affect the health or growth of a roadside tree.
   13. (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. (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.

Authority: Natural Resources Article, §§5-209 and 5-406, Annotated Code of Maryland

Effective date: March 16, 1977 (4:6 Md. R. 505)

Chapter revised effective February 9, 1979 (6:3 Md. R. 149)

Regulation .06A amended effective June 27, 1980 (7:13 Md. R. 1277); September 1, 1980 (7:17 Md. R. 1669); July 5, 1982 (9:13 Md. R. 1350); June 30, 1986 (13:13 Md. R. 1490); March 20, 1989 (16:5 Md. R. 627); September 2, 1991 (18:17 Md. R. 1918)

Regulation .07A amended effective July 5, 1982 (9:13 Md. R. 1350)

Regulation .07A, C amended effective October 22, 1984 (11:21 Md. R. 1810)

Regulations .02—.09 repealed and new Regulations .02—.09 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); February 15, 2016 (43:3 Md. R. 271)

Regulation .02-1 adopted effective July 5, 2004 (31:13 Md. R. 993)

Regulation .02-1B amended effective September 26, 2005 (32:19 Md. R. 1588); February 15, 2016 (43:3 Md. R. 271)

Regulation .05 amended effective September 26, 2005 (32:19 Md. R. 1588)

Regulation .06A amended effective July 5, 2004 (31:13 Md. R. 993)

Regulation .09B amended effective July 5, 2004 (31:13 Md. R. 993)