The Maryland Department of Agriculture is accepting comments on the proposed regulations through June 16. See bottom of post for the contacts.

The Maryland Department of Agriculture (MDA) has released proposed regulations to implement 2024’s HB979/SB915 Biodiversity and Agriculture Protection Act (the invasive plant bill ). These regs propose extending the phase-out period for nurseries to sell off existing stock of invasive plants placed on the Prohibited List from 2 years to 5 years for  plants grown in-ground, and from 1 year to 2 years for all other plants.

Background

Though we successfully passed legislation in 2024 to update Maryland's invasive plant law, regulations published in the Maryland Register give further details on how the law will be implemented. The regulations written after the passage of the original 2011 law specified that nurseries would have a phase-out period to sell off existing plant stock once a plant had been placed on the Prohibited List. That phase-out period was set at 2 years for woody plants grown in-ground and one year for all others. This reasonable phase-out period was accepted by the nursery industry and was not brought up as an issue during negotiations on the 2024 legislation.

Legislation passed in 2022 (HB15/SB7) specified that all plants listed in Plant Invaders of Mid-Atlantic Natural Areas would go through the assessment protocol to determine if they should be added to the Prohibited List. Nurseries have had 3 years since that legislation to work on alternatives to any of these invasive plants in their inventories.

Additionally, during negotiations on the 2024 legislation, the nursery industry asked that the 13 Tier 2 plants be reassessed to verify their invasiveness.  We added compromise language to the legislation giving MDA until the end of 2025 to assess these plants. This change gives the nurseries an extra 2+ years to find alternatives for these species.

The ASK

• In the prior regs, the time period that nurseries had to sell off existing stock after an invasive plant was placed on the Prohibited List was reasonable and worked for the nursery industry and consumers for over 10 years.
• Lengthening the phase-out period to 5 years for in-ground invasive plants  (from 2 years) and to 2 years (from 1 year) for all other invasive plants is harmful to consumers and the environment.
• Nurseries have already had 3 years since the passage of 2022 legislation specifying which invasive species MDA would be assessing. Then, in the 2024 legislation, the nurseries were given additional time to sell off plants previously assessed as invasives requiring “caution” signage.
• Extending the phase-out period undermines the intent of HB979/SB915.
• We/I ask that there be NO change to the phase-out period that allows nurseries to continue to sell invasive plants once they have been prohibited.

How to submit comments to the Maryland Department of Agriculture

The Maryland Department of Agriculture is accepting comments on the proposed regulations through June 16. Please submit your comments by email or phone to Kimberly Rice, Program Manager for Plant Protection & Weed Management at MDA. If you send an email, copy Kevin Atticks, Secretary of Agriculture, and Rachael Jones, Director of Legislation and Government Relations at MDA.

Kimberly Rice, Program Manager, Plant Protection & Weed Management
kimberly.rice@maryland.gov
410-841-5920

Kevin Atticks, Secretary of Agriculture
kevin.atticks@maryland.gov
410-841-5880

Rachel Jones, Director, Legislation and Government Relations
rachel.jones2@maryland.gov
410-841-5886

To read the full proposed regulations:

https://dsd.maryland.gov/MDRIssues/5210/Assembled.aspx#_Toc198043818

Thank you for advocating for responsible invasive plant laws in Maryland!

Mitigation banks create or restore stream or wetland habitat, allowing developers to buy “credits” to offset environmental damage done as part of projects elsewhere. These “stream restorations” don’t actually restore streams but are engineering projects that use heavy machinery to convert natural forested streams into man-made channels, compacting the soil and killing trees and wildlife. Davey Resource Group is proposing to develop an Umbrella Mitigation Banking Instrument for mitigation for projects in Maryland, with the Lake Elkhorn Project at the first site in this bank. These projects will destroy valuable habitat without addressing the actual cause of excess runoff that degrades streams and wetlands. The Maryland Native Plant Society supports the Sierra Club’s Campaign to recommend denial of the permits for the Lake Elkhorn Project and the proposed statewide Umbrella Mitigation Bank Instrument.

Please take a moment to protect Maryland native plant habitat by clicking on this link to a Sierra Club campaign to stop destruction of riparian forests - just a few clicks are required. The deadline is February 23.

Go to "Protect Our Streams And Forested Valleys In Maryland" at

https://addup.sierraclub.org/campaigns/protect-our-streams-and-forested-valleys-in-maryland

For more information, see the resources linked here: https://www.sierraclub.org/maryland/lake-elkhorn-mitigation-bank-issues

We can help DNR track "watchlist" species - ranked S3. Here are some that bloom in the spring and are easy to ID: Cypripedium parviflorum (Yellow Lady's-slipper), Delphinium tricorne (Dwarf Larkspur), Hybanthus concolor (Green Violet), Kalmia angustifolia (Sheep Laurel), Myosotis verna (Spring Forget-me-not), Primula media (Eastern Shooting star).

If you see any of these - or any other S3 plant - please note the exact location and try to take a photo. Then either contribute the record to the Maryland Biodiversity Project, marylandbiodiversity.com, or send an email to info@mdflora.org. We'll take it from there. Locations of species likely to be poached will not be shared publicly.

Click here to find a list of Maryland's Rare, Threatened and Endangered Plants.