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§ 5-409. Permission required to alter merchantable trees or timber

West's Annotated Code of MarylandNatural ResourcesEffective: October 1, 2010

West's Annotated Code of Maryland
Natural Resources
Title 5. Forests and Parks (Refs & Annos)
Subtitle 4. Trees and Forest Nurseries (Refs & Annos)
Part I. Roadside Trees
Effective: October 1, 2010
MD Code, Natural Resources, § 5-409
§ 5-409. Permission required to alter merchantable trees or timber
Injuries to merchantable trees or timber
(a) Any person, his aiders, abettors, and counsellors, who willfully, negligently, recklessly, wrongfully, or maliciously enters upon lands or premises of another without written permission of the owner of the lands or premises, in order to cut, burn, or otherwise injure or destroy, or cause to be cut, burned, or otherwise injured, or destroyed, any merchantable trees or timber on the land is liable to the party injured or aggrieved in an amount triple the value of the trees or timber cut, burned, or otherwise injured or destroyed, plus the costs of any surveys, appraisals, attorney fees, or court fees in connection with the case. The damages are recoverable in a civil action, as in any other case.
Display of written permission
(b) At the request of a law enforcement officer, a person on the lands and premises of another engaged in any act specified in subsection (a) of this section shall display the written permission of the owner.
Parties not required to obtain written permission
(c) Notwithstanding the provisions of this section, the following shall obtain the permission of an owner before engaging in any act specified in subsection (a) of this section, but are not required to obtain the permission in writing or to display the written permission as provided in subsection (b) of this section:
(1) A public service company, as defined in § 1-101 of the Public Utilities Article; and
(2) An employee of the Department of Public Works or roads board of any county or municipality, or the State Highway Administration, performing roadside maintenance.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 4, § 1, eff. Jan. 1, 1974. Amended by Acts 1980, c. 173; Acts 1990, c. 6, § 2; Acts 1996, c. 415, § 1, eff. Oct. 1, 1996; Acts 1998, c. 653, § 1, eff. Oct. 1, 1998; Acts 2010, c. 52, § 1, eff. Oct. 1, 2010.
Formerly Art. 66C, § 368.
MD Code, Natural Resources, § 5-409, MD NAT RES § 5-409
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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