1. 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.

2. B. A person may conduct an activity prohibited under §A of this regulation if:

   1. (1) The person receives approval from the Secretary before conducting the activity; and

   2. (2) The activity is for the purpose of:

      1. (a) Disposing of the invasive plant;
      2. (b) Controlling the invasive plant;
      3. (c) Using the invasive plant for research or educational purposes; or
      4. (d) Exporting the invasive plant out of the State

3. 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. (1) Controlling a prohibited invasive plant, provided:

      1. (a) The person is not a commercial entity;
      2. (b) The plant is not taken off-site; and
      3. (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. (2) Transporting a prohibited invasive plant off-site for the purpose of identification or disposal, provided:

      1. (a) The person is not a commercial entity; and
      2. (b) The plant is removed according to the provisions of Regulation .06G of this chapter.

4. 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. (1) Name;
   2. (2) Business, nursery, or plant dealer license number if applicable;
   3. (3) Phone;
   4. (4) Email address;
   5. (5) Prohibited invasive plant for which approval is being requested (full botanical name);
   6. (6) Specific location of the prohibited invasive plant;
   7. (7) Proposed activity;
   8. (8) Method of safeguarding dispersal of all propagules and all other living parts of the prohibited invasive plant;
   9. (9) Time frame of the proposed activity; and
   10. (10) Any other information required by the Secretary.

5. E. Upon notice and an opportunity to be heard, the Secretary may:

   1. (1) Withdraw or revoke any approval for any person who violates any condition of any approval by the Secretary; or
   2. (2) Revise any approval as a condition of any permit, based on new information obtained after an approval is granted.

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)