# COMAR Title 15 — Maryland Department of Agriculture

## Subtitle 06 — Plant Pest Control

### Chapter 04 — Regulation of Invasive Plants

#### Regulation .04 Prohibited Plant Prohibitions and Approvals.

*COMAR 15.06.04.04*

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.