Chesapeake Beach tree board approves after-the-fact permit, recommends $300 fine and mitigation for Old Bayside Road removals

On April 1, 2025, the Chesapeake Beach Tree Board considered an after‑the‑fact permit application for the removal of two trees at 4003 Old Bayside Road and voted to approve a permit for the remaining tree with mitigation conditions and to recommend a $300 fine for failure to obtain a permit.

The board heard a staff statement that Code Enforcement was alerted on Feb. 14 that a large tree was being removed at 4003 Old Bayside Road and that an after‑the‑fact permit application was received Feb. 27 for two trees: a cedar tree described as 91 inches in circumference and a cherry tree described as 132 inches in circumference. The planner’s summary noted the cherry tree was already removed and that the property lies inside the critical‑area overlay, which requires replacement of vegetation removed in the critical area and limits what may be substituted.

The board considered the town ordinance (Chapter 2.63) and the Maryland/Calvert County critical‑area guidance when weighing public‑safety concerns, the trees’ health, and neighborhood canopy impacts. A neighbor, Margaret Tierman of 4009 Old Bayside Road, told the board the cherry tree was “dead” and said limbs had fallen onto her property and roof; she said she had avoided sleeping in her bedroom on windy nights because of falling limbs. A representative of the contractor on site, Matt of Spencer’s Tree Service, said the crew had determined the cherry was in serious decline and that the cedar had extensive roots that had taken over the yard; he acknowledged the company should have checked local permitting requirements and said, “we didn't do our homework like we should've.” He also identified himself as an ISA‑certified arborist.

Board members discussed the hazard claims, root and erosion concerns on the sloped lot, and long‑term canopy loss in a densely developed neighborhood inside the critical area. Several members said they were persuaded the removed cherry tree met the ordinance standard for removal as dead or dying and that the cedar posed an ongoing hazard to the house and yard. Members debated replacement options and slope stabilization: some favored planting at least one medium/large replacement tree; others preferred several small native trees plus installation of a retaining wall to stabilize the slope and limit future root encroachment.

The board’s formal recommendation—moved and seconded during the meeting—was that the town assess a $300 fine for failing to obtain a permit and that the homeowner be required to supply mitigation consistent with critical‑area requirements. The planner’s memo cited the ordinance’s fine formula (a $300 base that increases with trunk circumference and which produced a theoretical $4,100 figure for a 132‑inch circumference tree) but also noted the ordinance sets a $1,000 maximum; the board recommended the $300 figure as the fine in this case. For mitigation the board recommended options consistent with the planner’s guidance: either (a) one medium/large tree plus two small trees from the town/native list, (b) three small trees from the approved list, or (c) other combinations consistent with critical‑area replacement rules. The board also recommended the homeowners consider a retaining wall and erosion‑stabilization work before or concurrent with removal to prevent siltation, and it suggested completion of mitigation within six months.

Board members additionally discussed enforcement and outreach. Members asked staff to work on improving communication with tree contractors and landscapers about Chesapeake Beach permitting requirements; several members said contractors repeatedly perform removals without checking town rules. Town staff present said Planning and Zoning Administrator Sarah Franklin (referred to during the meeting) and town staff member Samilia are working with the town attorney and code enforcement to clarify enforcement processes and responsibilities and to follow up on past cases.

At the meeting’s close the Tree Board voted to approve the board’s written recommendation to the town — including the $300 fine, a mitigation planting plan consistent with the critical‑area requirements, and the recommendation that the homeowners pursue a retaining wall — and the board directed staff to forward the recommendation to town staff for formal action. The board also noted that truly dead trees can be expedited for safety if property owners indicate the tree is dead on a permit application and code enforcement confirms the condition.

The town will issue formal notice and timelines to the property owners. The board said its recommendation will be written and sent to town staff; the planner’s memo indicated the town typically recommends mitigation be completed within six months.