Removing a Tree
Whether you need approval, what upkeep is still expected, the rule on the books, and what Montgomery County separately requires.
The Short Version
The board is not currently requiring approval to remove a tree on your lot, whatever its size or location. There's no form to submit and no replacement tree required. Keep your yard neat, keep sight lines clear for drivers, and check the county rules below if the tree sits between the sidewalk and the street.
Do You Need Approval to Remove a Tree?
Not at this time. Trunk size and location don't change the answer.
No Replacement Requirement
You don't have to plant a new tree in place of one you remove. None of Westwind's governing documents has ever required a replacement.
Why Trees Are Worth Keeping
Removing a tree is your call. Before you do, here are a few reasons many homeowners choose to keep their mature trees and trim them instead.
Trees Add Value
The Arbor Day Foundation estimates that large trees can raise property values by 3 to 15 percent. Virginia Cooperative Extension puts the figure at 5 to 12 percent. Buyers notice mature trees and tree-lined streets.
Lower Energy Bills
Well-placed trees can cut heating and cooling energy use by up to 25 percent. They shade the house in summer and block cold wind in winter.
Cleaner Air and Quieter Streets
Mature trees improve air quality, soften traffic noise, soak up stormwater and give Westwind the established look that makes it a desirable place to live.
Try Trimming First
If a tree is too big, too close to the house or dropping limbs, a good pruning or crown thinning can often fix the problem without losing the tree. An ugly trim doesn't mean a tree is dead, and most trees grow back fuller.
Use a Licensed Tree Expert
Maryland requires tree care professionals to be licensed by the Maryland DNR Forest Service. Ask for the license number and check it before you hire. Be wary of door-to-door crews that only give a cell number, especially after storms.
Yard Upkeep Still Matters
Taking a tree down is your call. Keeping the yard in good shape is still expected, and the board keeps the right to enforce it.
Exterior Maintenance
“In the event an owner of any Lot in the Properties shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Board of Directors, the Association, after approval by two-thirds (2/3) vote of the Board of Directors, shall have the right, through its agents and employees, to enter upon said parcel and to repair, maintain and restore the Lot and the exterior of the buildings and any other improvements erected thereon. The cost of such exterior maintenance shall be added to and become part of the assessment to which said Lot is subject.” Declaration of Covenants, Conditions and Restrictions · Article VI
In other words: if a lot isn't kept up, the board can vote to have the work done and add the cost to that owner's assessment.
Hedges, Plantings and Lot Care
“The Association shall have the right (if after 20 days written notice to the Owner of the Lot or Lots involved, setting forth the action intended to be taken, such action has not been taken by the Owner) to trim or prune, at the expense of the Owner, any hedge or other planting that in the opinion of the Architectural Control Committee, by reason of its location or the height to which or the manner in which it is permitted to grow, is detrimental to adjoining property, or is unattractive in appearance. The Association shall further have the right, upon like notice and conditions, to care for any vacant or unimproved lot, and to remove grass, weeds and rubbish therefrom and do any and all things necessary or desirable in the opinion of the Architectural Control Committee to keep such Lot in neat and good order, and at the cost and expense of the Owner.” Declaration of Covenants, Conditions and Restrictions · Article VII, Section 9
In other words: after 20 days' written notice, the Association can trim overgrown or unattractive plantings and clean up a neglected lot at the owner's expense. After a tree removal, please clean up branches and debris so the yard stays neat.
Keep Sight Lines Clear
No tree, hedge, shrub, fence, or wall may be kept in a way that blocks sight lines for drivers (Article VII, Section 2). If something on your lot makes it hard to see around a corner or out of a driveway, trim it back or take it down.
Why the Tree Rule Was Written
The tree rule dates back to 1984, when Westwind was a brand-new neighborhood and every young tree mattered. Today Westwind is an established community with plenty of mature trees. When one comes down there is usually another already growing nearby. For that reason, the board is not currently requiring approval requests under this rule. The rule itself has not been removed from the Declaration.
“No fence, wall, tree, hedge or shrub planting shall be maintained in such manner as to obstruct sight lines for vehicular traffic. Except as may be required to comply with the prior sentence, no tree of a diameter of more than four inches measured two feet above ground level, lying without the approved building driveway and parking areas, shall be removed without the approval of the Architectural Control Committee.” Declaration of Covenants, Conditions and Restrictions · Article VII, Section 2
Montgomery County's Tree Rules
Montgomery County has its own tree rules, separate from Westwind's. Most homeowners removing a tree from their own lot won't need anything from the county. Check the cards below if your tree is near the street or part of a bigger project.
Trees on Your Own Lot
The county generally does not require a permit to remove a tree on private property. Removing a stump on private property doesn't need a county permit either.
When County Rules Kick In
The county's Tree Canopy Law only applies if your project already requires a sediment control permit. This generally means new construction, disturbing more than 5,000 sq ft of land, or moving 100+ cubic yards of earth. Removing one or two trees on their own typically doesn't trigger this.
Roadside & Right-of-Way Trees
A tree growing in the public right-of-way (between the street and your property, not on your lot) needs two permits, one from Montgomery County and one from the Maryland DNR Forest Service, before it can be pruned, disturbed, or removed.
Historic & Champion Trees
Trees in a designated historic area, or listed on the county's Champion Tree Register, need separate clearance before any work. Uncommon for a typical Westwind lot, but worth knowing.
Hazardous Trees
If a Maryland-licensed tree expert or certified arborist determines a tree is hazardous, it can be removed promptly. The usual permit steps don't hold up a genuine safety issue.