1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “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.
   2. (2) “Commercial entity” means an entity that engages in a plant removal activity for profit.
   3. (3) “Committee” means the Invasive Plants Advisory Committee.
   4. (4) “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.

   5. (5) “Early Detection Rapid Response (EDRR) Plant Species” means a nonnative plant species that:

      1. (a) Is not yet widespread in the State but is at risk of:

         1. (i) Becoming established as an invasive species; and
         2. (ii) Causing significant damage; and

      2. (b) Has:

         1. (i) Been found in at least one native species habitat in the State; or
         2. (ii) Not yet been found in the State.

   6. (6) “Expert Assessor” means:

      1. (a) An individual or a team within the Department or the Department of Natural Resources; or
      2. (b) A qualified independent assessor.

   7. (7) Invasive plant.

      1. (a) 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:

         1. (i) Economic harm;
         2. (ii) Ecological harm;
         3. (iii) Environmental harm; or
         4. (iv) Harm to human health.
      2. (b) “Invasive plant” includes a commercial or noncommercial plant that is terrestrial or aquatic and meets the definition under §B(7)(a) of this regulation.
   8. (8) “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.)
   9. (9) “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.
   10. (10) “Landscaping services” includes services for ornamental horticultural design, maintenance, and installation of living plants.
   11. (11) “Prohibited invasive plant” includes invasive plant species that cause or are likely to cause severe harm within the State.

   12. (12) “Qualified independent assessor” means an individual or team that:

       1. (a) 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
       2. (b) Has assessed invasive plant species without supervision from the Department, the Department of Natural Resources or the Committee.

   13. (13) “Watch List” means a list of plant species that:

       1. (a) Have been assessed by an expert assessor in accordance with Agriculture Article, §9.5-301, Annotated Code of Maryland;
       2. (b) Were not determined by the assessment to be eligible for classification as a prohibited invasive plant; and
       3. (c) May be reassessed in the future.

Authority: 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)