1. A. 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.

2. B. Phase-out periods for Prohibited Invasive Plants.

   1. (1) 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.
   2. (2) 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.
   3. (3) A person may not acquire a new prohibited invasive plant after that plant’s effective date on the prohibited invasive plant list.
   4. (4) 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.

   5. (5) Exemption Request.

      1. (a) 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.

      2. (b) In considering an exemption request, the Secretary shall:

         1. (i) 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
         2. (ii) Consider the economic impact that the phase-out period has on the affected person.
      3. (c) The person seeking the exemption shall submit a written request to the Secretary providing the same information specified in Regulation .04D of this chapter.
      4. (d) 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.
3. C. The Secretary shall maintain a listing of plants on the Watch List, which listing may be amended from time to time.

4. D. Procedures for Classification or Declassification of a prohibited invasive plant and associated cultivars.

   1. (1) 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.

   2. (2) Upon receipt of the request the Secretary, in consultation with the Invasive Plant Advisory Committee, shall make a determination, considering:

      1. (a) Whether the plant is or could potentially be sold or marketed in the State;
      2. (b) 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
      3. (c) 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.
   3. (3) The Secretary shall notify the requestor of the final decision regarding the request.

5. E. Distribution of the Prohibited Invasive Plant List and the Watch List.

   1. (1) 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.
   2. (2) The Secretary shall post the Prohibited Invasive Plant List and the Watch List on the Department's website.
   3. (3) 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.

6. F. Disposal of Prohibited Invasive Plants. Any person who removes a prohibited invasive plant off-site shall ensure that:

   1. (1) 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
   2. (2) 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.

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)