These regulations establish a science-based status assessment protocol to determine the harm and impact caused by invasive plants, including an approval procedure for activities involving invasive plant species that cause or are likely to cause severe harm and administrative orders that the Secretary may issue to enforce these regulations. In this chapter, the following terms have the meanings indicated. Terms Defined. “Classify as a prohibited invasive plant” means the Secretary is including an invasive plant on the Consolidated List of Maryland Invasive Plant Species in accordance with the Agriculture Article, §§9.5-301 and 9.5-301.1, Annotated Code of Maryland. “Commercial entity” means an entity that engages in a plant removal activity for profit. “Committee” means the Invasive Plants Advisory Committee. “Consolidated List of Maryland Invasive Plant Species” means a list of plant species classified as prohibited invasive plants in accordance with Agriculture Article §§9.5-301 and 9.5-301.1, Annotated Code of Maryland. “Early Detection Rapid Response (EDRR) Plant Species” means a nonnative plant species that: Is not yet widespread in the State but is at risk of: Becoming established as an invasive species; and Causing significant damage; and Has: Been found in at least one native species habitat in the State; or Not yet been found in the State. “Expert Assessor” means: An individual or a team within the Department or the Department of Natural Resources; or A qualified independent assessor. Invasive plant. Invasive Plant means any living part of a plant species or its subspecies that did not evolve in the State and if introduced within the State, will cause or is likely to cause, as determined by the Secretary: Economic harm; Ecological harm; Environmental harm; or Harm to human health. “Invasive plant” includes a commercial or noncommercial plant that is terrestrial or aquatic and meets the definition under §B(7)(a) of this regulation. “Invasive Plant Species Status Assessment Protocol” means a protocol based on the NatureServe’s 2004 protocol (An Invasive Species Assessment Protocol: Evaluating Non-Native Plants for the Impact on Biodiversity. Version 1.) “Invasiveness Rank” means a rank assigned to a nonnative species to signify its level of invasiveness (i.e., high, medium, low or insignificant) based on the results of an invasive assessment protocol. “Landscaping services” includes services for ornamental horticultural design, maintenance, and installation of living plants. “Prohibited invasive plant” includes invasive plant species that cause or are likely to cause severe harm within the State. “Qualified independent assessor” means an individual or team that: Possesses at least 2 years of field experience in invasive plant species in Maryland or in nearby jurisdictions, including Washington, D.C., Delaware, New Jersey, New York, Pennsylvania, Virginia, and West Virginia; and Has assessed invasive plant species without supervision from the Department, the Department of Natural Resources or the Committee. “Watch List” means a list of plant species that: Have been assessed by an expert assessor in accordance with Agriculture Article, §9.5-301, Annotated Code of Maryland; Were not determined by the assessment to be eligible for classification as a prohibited invasive plant; and May be reassessed in the future. The Secretary shall determine whether an invasive plant qualifies as a prohibited invasive plant or a plant for the Watch List based on the following protocol. An expert assessor shall complete a plant status assessment based on the NatureServe’s 2004 protocol (an invasive species assessment protocol: evaluating non-native plants for their impact on biodiversity. Version 1.) Assessments completed by an expert assessor shall be reviewed and approved by the Invasive Plant Advisory Committee. 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. A person may conduct an activity prohibited under §A of this regulation if: The person receives approval from the Secretary before conducting the activity; and The activity is for the purpose of: Disposing of the invasive plant; Controlling the invasive plant; Using the invasive plant for research or educational purposes; or Exporting the invasive plant out of the State A person has the Secretary’s approval and may engage in any activity prohibited by §A of this regulation for the limited purpose of: Controlling a prohibited invasive plant, provided: The person is not a commercial entity; The plant is not taken off-site; and 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 Transporting a prohibited invasive plant off-site for the purpose of identification or disposal, provided: The person is not a commercial entity; and The plant is removed according to the provisions of Regulation .06G of this chapter. 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: Name; Business, nursery, or plant dealer license number if applicable; Phone; Email address; Prohibited invasive plant for which approval is being requested (full botanical name); Specific location of the prohibited invasive plant; Proposed activity; Method of safeguarding dispersal of all propagules and all other living parts of the prohibited invasive plant; Time frame of the proposed activity; and Any other information required by the Secretary. Upon notice and an opportunity to be heard, the Secretary may: Withdraw or revoke any approval for any person who violates any condition of any approval by the Secretary; or Revise any approval as a condition of any permit, based on new information obtained after an approval is granted. The Secretary may issue administrative orders to enforce the provisions of this chapter and Agriculture Article, Title 9.5 (Invasive Plants Prevention and Control), Annotated Code of Maryland, as follows: Order any person to cease propagating, importing, transferring, selling, purchasing, transporting, or introducing any living part of a prohibited invasive plant in the State; Order the condemnation and seizure of any prohibited invasive plant owned or possessed by any person who violates Agriculture Article, §9.5-302(b), Annotated Code of Maryland; Order the marking or tagging in a conspicuous manner of a prohibited invasive plant owned or controlled by any person subject to an order of the Secretary under this chapter; Order any person, on notice from the Secretary, to dispose of any prohibited invasive plant that is held in violation of this chapter or in violation of Agriculture Article, Title 9.5, Annotated Code of Maryland, in a manner that renders all plant parts nonviable, or allow a person to return a prohibited invasive plant to the out-of-State supplier of the plant, as approved in advance by the Secretary; Order a person to make any prohibited invasive plant available to the Secretary for destruction if the person has failed to dispose of the prohibited invasive plant as ordered by the Secretary and require that person to pay any destruction cost; Order a person to take any action that the Secretary considers necessary to enforce the requirements of Agriculture Article, Title 9.5, Annotated Code of Maryland. A person who violates any order issued by the Secretary is subject to a civil penalty not to exceed $500 for each violation. The Prohibited invasive plants are those plants listed on the Consolidated List of Maryland Invasive Plant Species found on the Maryland Department of Agriculture’s website, Plant Protection and Weed Management page. Phase-out periods for Prohibited Invasive Plants. A person in possession of a prohibited invasive plant, except a person who is growing a woody plant in ground, shall comply with the prohibited invasive plant provisions of this chapter within 1 year of that plant’s effective date on the prohibited invasive plant list. A person who is growing a prohibited invasive plant in ground shall comply with the provisions of this chapter within 2 years from that plant’s effective date on the prohibited invasive plant list. A person may not acquire a new prohibited invasive plant after that plant’s effective date on the prohibited invasive plant list. Sales Limited to Existing Stock. During the phase-out period, a person may only sell the existing stock of a prohibited invasive plant that person has in inventory as of the date the plant was placed on the prohibited invasive plant list. Exemption Request. The Secretary may consider an exemption request from a nursery, broker or plant dealer licensed under Agriculture Article, §5-309, Annotated Code of Maryland to extend the phase-out period for a specific plant species that has been placed on the prohibited plant list. In considering an exemption request, the Secretary shall: Receive and consider input from the Invasive Plant Advisory Committee including the species’ economic harm, ecological harm, environmental harm, and harm to human health; and Consider the economic impact that the phase-out period has on the affected person. The person seeking the exemption shall submit a written request to the Secretary providing the same information specified in Regulation .04D of this chapter. If the Secretary grants a person’s exemption request to extend the phase-out period for a specific plant species, the extension may not be more than 1 year. The Secretary shall maintain a listing of plants on the Watch List, which listing may be amended from time to time. Procedures for Classification or Declassification of a prohibited invasive plant and associated cultivars. A person who requests the classification or declassification of a plant as a prohibited invasive plant, shall submit a written request to the Secretary that includes the name of the requestor, contact information, scientific name of the plant, and a justification for the request. Upon receipt of the request the Secretary, in consultation with the Invasive Plant Advisory Committee, shall make a determination, considering: Whether the plant is or could potentially be sold or marketed in the State; If the plant has already been assessed pursuant to Regulation .03 of this chapter, whether new, science-based information is available that could change the species' designation as a prohibited invasive plant; and If the plant has not been assessed pursuant to Regulation .03 of this chapter, whether the justification for the request, including documented scientific evidence of economic, ecological, or environmental harm, or harm to human health, necessitates formal weed status assessment, assessment of invasiveness, or both. The Secretary shall notify the requestor of the final decision regarding the request. Distribution of the Prohibited Invasive Plant List and the Watch List. The Secretary shall send the Prohibited Invasive Plant List and the Watch List with annual renewal letters and with each new application for a nursery, plant dealer, or plant broker license. The Secretary shall post the Prohibited Invasive Plant List and the Watch List on the Department's website. A person in the business of providing landscaping services who plants or supplies for planting a plant on the Watch List shall provide to the customer requesting the service the Watch List. Disposal of Prohibited Invasive Plants. Any person who removes a prohibited invasive plant off-site shall ensure that: The plant is completely contained (for example, covered or securely tarped in a solid conveyance, or bagged) to prevent the escape of plant parts into the environment; and If the plant is being removed for disposal, it is removed to a Maryland Department of Environment approved landfill or compost facility for burial or composting. Agriculture Article, §§2-103(b) and 9.5-301, Annotated Code of Maryland 53:3 25-186-E (Regulations .01 — .06) EMERGENCY ACTION IN EFFECT 1/15/2026 — 7/14/2026 Effective date: January 21, 2013 (40:1 Md. R. 21) Chapter revised effective April 11, 2016 (43:7 Md. R. 452) Regulation .01 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120) Regulation .02B amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120) Regulation .03 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120) Regulation .04A, C, D amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120) Regulation .05A amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120) Regulation .06 amended effective February 13, 2017 (44:3 Md. R. 189) Regulation .06 amended as an emergency provision effective January 15, 2026 (53:3 Md. R. 120) Regulation .06A, C amended effective April 23, 2018 (45:8 Md. R. 422) Regulation .06C amended effective March 23, 2020 (47:6 Md. R. 342) Regulation .07 repealed as an emergency provision effective January 15, 2026 (53:3 Md. R. 120)