The General Assembly finds that the growth of the tall, reed-like grass Phragmites communis, commonly known as phragmites, may be a public and common nuisance on land and wetlands used for wildlife habitat areas. Therefore, it is the intent of the General Assembly that this subtitle require that statewide studies of phragmites be conducted in order to determine its spread and determine any progress made in current management and control programs.

A person who owns real property on which phragmites grows may apply to the Secretary for cost sharing assistance in the management and control of the spread of phragmites. The Secretary shall establish a cost sharing program to assist landowners, on whose property phragmites grows, in the management and control of the spread of phragmites. The Secretary may determine whether the Department should assist a landowner in the management and control of the spread of phragmites based on: The magnitude of the area to be managed and controlled; and The possibility of the spread of phragmites into adjoining land and wetland areas. Subject to the requirements of this subsection, the Department shall pay a landowner 50% of the costs associated with the eradication and control of the spread of phragmites. The landowner shall be responsible for any remaining costs. Money paid to a landowner under this section may be paid from the Tidal Wetlands Compensation Fund, the Wildlife Management and Protection Fund, or federal funds. The Department shall coordinate cost sharing assistance paid from the funds under this section with the Department of the Environment. The Department shall require verification of a landowner’s expenses before the landowner may receive money from the cost sharing program. The Department may not pay more than $12,000 each year to a single landowner, or to a person in the immediate family of the landowner, or to an entity in which the landowner has a substantial ownership interest, under the cost sharing program established in this section. The Department may not expend more than $60 per acre per year for any cost sharing project under this section. In lieu of cash payments to landowners, the Department may substitute in–kind services of equal value. The Department shall establish priorities to target cost sharing assistance to wetlands restoration and enhancement where: Phragmites threatens rare or endangered wildlife or plants; The highest diversity and abundance of native plants, wildlife, or fish exist; and Phragmites can be effectively controlled.

The Department shall study and analyze the effectiveness of the cost sharing program in the Department that assists landowners in paying for the cost of the management and control of the spread of phragmites. The analysis required in paragraph (1) of this subsection shall include information on how assistance under the cost sharing program is allocated. The Department shall ascertain on a per–acre basis the statewide extent of infestation of phragmites, when necessary data is available, and shall study and analyze the progress made in the management and control of the spread of phragmites on: Lands that the Department owns or controls; and Any real property on which the Department assists landowners with the control of phragmites.

The Secretary may accept, use, or expend any aid, gift, or grant made available from any private or public source to carry out the provisions of this subtitle.

The Secretary shall implement a program to control the spread of phragmites, where appropriate, on lands that the Department owns or controls.

In implementing a phragmites control program, the Secretary shall consider alternative management and control methods and employ only those determined not to have adverse water quality impacts.

The Secretary shall adopt regulations to carry out the provisions of this subtitle, including eligibility criteria for landowners to obtain cost sharing assistance and procedures for the implementation of the cost sharing program under this subtitle.