Chapter 58. VEGETATION.
Article I. Weeds and Invasive Plants.
Montgomery County, Md., Code § 58-1 (2026)
Sec. 58-1. Definitions.LinkCopy Citation
In this Chapter, these words have the following meanings:
Director means the Director of the Department of Housing and Community Affairs.
Native plants and grasses means vegetation that is native to the Mid-Atlantic region, which includes Maryland, Virginia, Delaware, New Jersey, New York, Pennsylvania, North Carolina, West Virginia, and the District of Columbia.
Subdivision means any land which is on a subdivision plat approved under Section 50-8. A copy of the subdivision plat is prima facie evidence that the land on the plat is in a subdivision.
Weed means poison ivy; ragweed; kudzu; Canada, musk, nodding, plumeless, and bull thistles; Johnsongrass; Palmer amaranth; shattercane; tall waterhemp; and any weed or plant identified by the Secretary of the Maryland Department of Agriculture by regulation as a noxious weed in the State.
Montgomery County, Md., Code § 58-2 (2026)
Sec. 58-2. Regulations.LinkCopy Citation
The County Executive may adopt regulations under Method (2) to administer this chapter.
Montgomery County, Md., Code § 58-3 (2026)
Sec. 58-3. Duty of landowners and persons in charge of land.LinkCopy Citation
An owner, lessee, agent, and any other person in charge of land in a subdivision or within 100 feet of a subdivision must not allow:
(a)
the generalized growth of any weed; and
(b)
any generalized plant growth more than 12 inches high within 15 feet of any property boundary. Generalized plant growth does not include trees, ornamental shrubs, flowers, native plants and grasses, or garden vegetables.
Montgomery County, Md., Code § 58-4 (2026)
Sec. 58-4. Notice.LinkCopy Citation
(a)
If the owner, lessee, agent, or person in charge fails to comply with Section 58-3, the Director may:
(1)
notify the owner in writing of the violating conditions existing on the land and the requirements of this chapter; and
(2)
direct the owner to comply with Section 58-3 within 10 days after receiving the notice.
(b)
The notice may be personally served or may be mailed to the address of the owner shown on the assessment records of the County.
(c)
If the Director finds that immediate action is needed to protect the public health and safety as a result of a violation, the Director may order the owner to immediately correct or abate the violation.
Montgomery County, Md., Code § 58-5 (2026)
Sec. 58-5. Removal by County.LinkCopy Citation
(a)
If the owner to whom a notice issued under Section 58-4 is directed does not comply by the deadline set forth in the notice, the County may:
(1)
Remove any generalized growth of weeds; or
(2)
Cut any generalized plant growth within 15 feet of the boundary of the land.
(b)
If the County removes any generalized growth of weeds or cuts any generalized plant growth, the landowner must pay the reasonable cost. The County may collect the cost:
(1)
As a lien against the land on the property tax bill; or
(2)
In any other way legally available for collection of debts owed the County.
Montgomery County, Md., Code § 58-6 (2026)
Sec. 58-6. Reserved.LinkCopy Citation
Sec. 2. Transition. This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.
Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.
Montgomery County, Md., Code § 58-7 (2026)
Sec. 58-7. Penalty for violation of chapter.LinkCopy Citation
Any violation of this Chapter is a Class B violation.
Article Ii. Invasive Bamboo.
Montgomery County, Md., Code § 58-8 (2026)
Sec. 58-8. Definitions.LinkCopy Citation
As used in this Article the following terms have the stated meaning:
Invasive bamboo means a woody grass in the Poaceae family commonly referred to as bamboo, including bamboo species in the Phyllostachys, Pseudosasa, Bambusa, and Pleioblastus genera, which can spread through runners and are not native to the Mid-Atlantic region.
Mid-Atlantic Region means Maryland, Virginia, Delaware, New Jersey, New York, Pennsylvania, North Carolina, West Virginia, and the District of Columbia.
Property owner means any person or entity:
(a)
holding title to property; or
(b)
any lessee, tenant, or occupant having care, custody, control, or management of any property.
Montgomery County, Md., Code § 58-9 (2026)
Sec. 58-9. Regulation of invasive bamboo.LinkCopy Citation
(a)
A person or entity in the County must not sell or offer for sale invasive bamboo. The sale of invasive bamboo does not include indoor bamboo houseplants and decoration, bamboo for consumption, and cut and dried bamboo stalks.
(b)
A person may not plant or transplant invasive bamboo on any property in the County.
Montgomery County, Md., Code § 58-10 (2026)
Sec. 58-10. Reporting, inspection, and notices of violation.LinkCopy Citation
(a)
Complaints about the sale of invasive bamboo may be reported to the Director of the Department of Environmental Protection.
(b)
The Director of the Department of Environmental Protection may conduct any necessary inspections and issue a notice of violation to the property owner.