Local Government - Regulatory Powers - Regulation of Invasive Trees, the official text

WES MOORE, Governor         Ch. 209

Chapter 209

                   (Senate Bill 266)

AN ACT concerning

Local Government – Regulatory Powers – Regulation of Tree of Heaven Invasive
                                                          Trees

FOR the purpose of authorizing the governing body of a county or municipality to adopt
         certain ordinances to regulate trees tree of heaven and certain invasive trees;
         authorizing the governing body of a county or municipality to establish a bounty
         program certain programs to incentivize the removal of trees tree of heaven and
         certain invasive trees; and generally relating to local management of trees tree of
         heaven and certain invasive trees.

BY repealing and reenacting, with amendments,
         Article – Local Government
         Section 1–1318
         Annotated Code of Maryland
         (2013 Volume and 2025 Supplement)

                   Preamble

         WHEREAS, Invasive species are nonnative plants, pathogens, and animals whose
introduction causes harm to human health, environmental harm, or economic harm –
typically through unchecked growth spread; and

         WHEREAS, The tree of heaven is a nonnative, deciduous hardwood tree that is
considered an invasive species throughout North America because the species spreads
quickly and aggressively, crowding out native plants with dense greenery while secreting
a chemical into the soil that is toxic to surrounding plants; and

         WHEREAS, The tree of heaven is the preferred habitat for the spotted lanternfly,
another invasive species that is causing economic damage to the agricultural community,
stressing native plant populations, and generally acting as a nuisance statewide; and

         WHEREAS, The trees on the Maryland Department of Agriculture’s Maryland
Prohibited Invasive Plant List have been determined to be invasive, nonnative trees that
cause harm to human health, environmental harm, or economic harm; now, therefore,

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Local Government

1–1318.

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Ch. 209                  2026 LAWS OF MARYLAND

        (a) (1) In this section[, “invasive] THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

                (2) “INVASIVE bamboo” means NONNATIVE bamboo that is characterized
by aggressive spreading behavior, including bamboo species in the genus Phyllostachys.

                (3) “LISTED INVASIVE TREE” MEANS ANY TREE ON THE “MARYLAND
PROHIBITED INVASIVE PLANTS PLANT LIST” POSTED BY THE DEPARTMENT OF
AGRICULTURE.

                (4) “NATIVE TREE REPLACEMENT PROGRAM” MEANS A PROGRAM

WHEREBY A PERSON RECEIVES A NATIVE TREE IN EXCHANGE FOR REMOVING AND

ERADICATING AN INVASIVE TREE.

                (3) (5)  “TREE OF HEAVEN” MEANS THE AILANTHUS ALTISSIMA
TREE SPECIES.

(b) This section applies to all counties and municipalities.

         (c) The governing body of a county or municipality, by ordinance, may regulate
invasive bamboo, LISTED INVASIVE TREES, OR TREES OF HEAVEN, including by
prohibiting a person from:

                (1) selling invasive bamboo, LISTED INVASIVE TREES, OR TREES OF
HEAVEN;

                (2) planting invasive bamboo, LISTED INVASIVE TREES, OR TREES OF
HEAVEN; [and]

                (3) allowing invasive bamboo, LISTED INVASIVE TREES, to grow on the
property of the person without proper upkeep and appropriate containment measures,
including barriers or trenches; AND

                (4) ALLOWING TREES OF HEAVEN OR OTHER LISTED INVASIVE TREES
TO GROW ON THE PERSON’S PROPERTY.

         (d) The governing body of a county or municipality may provide for the
enforcement of an ordinance adopted under this section by:

                (1) requiring any damages caused by invasive bamboo, LISTED INVASIVE
TREES, OR TREES OF HEAVEN OR OTHER LISTED INVASIVE TREES to be mitigated; and

         (2) establishing a civil fine.
                                                  –2–
WES MOORE, Governor  Ch. 209

        (E) THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY MAY ESTABLISH

A BOUNTY OR NATIVE TREE REPLACEMENT PROGRAM TO INCENTIVIZE THE
REMOVAL AND ERADICATION OF TREES OF HEAVEN AND OTHER LISTED INVASIVE

TREES.

        (F) A BOUNTY OR NATIVE TREE REPLACEMENT PROGRAM ESTABLISHED BY
A COUNTY OR MUNICIPALITY SHALL REQUIRE:

                (1) AN INVASIVE TREE TO BE PROPERLY IDENTIFIED CONSISTENT
WITH THE SPECIES PAGE PUBLISHED BY THE UNIVERSITY OF MARYLAND
AGRICULTURE EXTENSION; AND

                (2) THE INVASIVE SPECIES, AFTER BEING PROPERLY IDENTIFIED, TO

BE REMOVED OR ERADICATED ACCORDING TO PROFESSIONALLY ACCEPTED
METHODS OR CONSISTENT WITH METHODOLOGY ON THE SPECIES PAGE PUBLISHED

BY THE UNIVERSITY OF MARYLAND AGRICULTURE EXTENSION.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.

Approved by the Governor, April 28, 2026.

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