Regulation .04 Prohibited Plant Prohibitions and Approvals.
Regulation .04 Prohibited Plant Prohibitions and Approvals.LinkCopy Citation
A.
Except as approved by the Secretary under this regulation, a person may not propagate, import, transfer, sell, purchase, transport, or introduce any living part of a prohibited invasive plant in the State.
B.
A person may conduct an activity prohibited under §A of this regulation if:
(1)
The person receives approval from the Secretary before conducting the activity; and
(2)
The activity is for the purpose of:
(a)
Disposing of the invasive plant;
(b)
Controlling the invasive plant;
(c)
Using the invasive plant for research or educational purposes; or
(d)
Exporting the invasive plant out of the State
C.
A person has the Secretary’s approval and may engage in any activity prohibited by §A of this regulation for the limited purpose of:
(1)
Controlling a prohibited invasive plant, provided:
(a)
The person is not a commercial entity;
(b)
The plant is not taken off-site; and
(c)
The plant is not placed at a location in the proximate vicinity of a roadway or waterway that could facilitate the movement of the invasive plant off-site; or
(2)
Transporting a prohibited invasive plant off-site for the purpose of identification or disposal, provided:
(a)
The person is not a commercial entity; and
(b)
The plant is removed according to the provisions of Regulation .06G of this chapter.
D.
For approvals not granted under §C of this regulation, a person may submit a written request to the Secretary for approval of any activity allowed under §B of this regulation with the following information:
(1)
Name;
(2)
Business, nursery, or plant dealer license number if applicable;
(3)
Phone;
(4)
Email address;
(5)
Prohibited invasive plant for which approval is being requested (full botanical name);
(6)
Specific location of the prohibited invasive plant;
(7)
Proposed activity;
(8)
Method of safeguarding dispersal of all propagules and all other living parts of the prohibited invasive plant;
(9)
Time frame of the proposed activity; and
(10)
Any other information required by the Secretary.
E.
Upon notice and an opportunity to be heard, the Secretary may:
(1)
Withdraw or revoke any approval for any person who violates any condition of any approval by the Secretary; or
(2)
Revise any approval as a condition of any permit, based on new information obtained after an approval is granted.