Chapter 05. Regulation of Noxious Weeds
Regulation .01 Scope.LinkCopy Citation
These regulations establish a list of plants and weeds that are considered to be noxious weeds in this State. They also describe programs or practices that the Department may carry out that are necessary for the control and eradication of noxious weeds.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Department” means the Maryland Department of Agriculture.
(2)
“Noxious weed” means an annual, biennial, or perennial weed or plant that adversely affects or threatens agricultural production.
(3)
“Secretary” means the Secretary of Agriculture or the Secretary’s designee.
Regulation .03 Noxious Weed List.LinkCopy Citation
The Secretary has determined that the following weeds and plants are noxious weeds in this State:
A.
Johnsongrass (Sorghum halepense);
B.
Shattercane (Sorghum biclor);
C.
Canada Thistle (Circium arvense);
D.
Musk/Knodding Thistle (Carduus nutans);
E.
Plumless Thistle (Carduus acanthoides);
F.
Bull Thistle (Circium vulgare);
G.
Palmer Amaranth (Amaranthus palmeri); and
H.
Tall Waterhemp (Amaranthus tuberculatus, A. rudis).
Regulation .04 Programs and Practices to Control and Eradicate Noxious Weeds.LinkCopy Citation
A.
The Secretary may institute programs or carry out practices necessary for the control and eradication of a noxious weed on public or private lands, including, but not limited to, mowing and spraying.
B.
The Secretary may enter into agreements with a county or other political subdivision of the State, including a soil conservation district, to implement a program for the control and eradication of noxious weeds. These agreements may allow the Department to provide technical assistance and oversight by a noxious weed program administered by the county or other political subdivision of the State. The Secretary also may enter into agreements with an adjoining state or an agency of the federal government to implement a program for the control and eradication of noxious weeds.
Regulation .05 Administrative Penalties.LinkCopy Citation
Instead of pursuing the criminal penalties set forth in Agriculture Article, Title 12, Annotated Code of Maryland, the Secretary may impose on any person who violates this chapter a penalty of:
A.
For a first violation, not more than $500;
B.
For a second violation, not more than $1,000; or
C.
For a third or subsequent violation, not more than $2,000.
Chapter annotations
Authority: Agriculture Article, §§9-401 et seq., Annotated Code of Maryland
History: Effective date: June 1, 2020 (47:11 Md. R. 560)