Section 9.5-201 – Invasive Plants Advisory Committee Established
There is an Invasive Plants Advisory Committee in the Department.
Section 9.5-202 – Membership
(a) The Committee consists of the following members: (1) As ex officio members: (i) The Secretary, or the Secretary’s designee; (ii) The Secretary of Natural Resources, or the Secretary’s designee; (iii) The Secretary of Transportation, or the Secretary’s designee; (iv) The Secretary of the Environment, or the Secretary’s designee; and (v) The Dean of the College of Agriculture and Natural Resources at […]
Section 9.5-203 – Officers
From among its members the Committee shall elect annually a chair, a vice chair, and a secretary.
Section 9.5-204 – Meetings; Compensation; Staff
(a) (1) Until the Secretary adopts regulations in accordance with Subtitle 3 of this title, the Committee shall meet at least quarterly. (2) After the Secretary has adopted regulations in accordance with Subtitle 3 of this title, the Committee shall meet as needed. (b) A member of the Committee: (1) May not receive compensation as a member of the Committee; […]
Section 9.5-205 – Duties
The Committee shall: (1) Advise the Secretary regarding regulations necessary to carry out the provisions of this title; and (2) (i) Conduct an annual review of the risk assessment protocol adopted under § 9.5–301 of this title; and (ii) Report to the Secretary regarding any proposed changes to the risk assessment protocol.
Section 9.5-301 – Duties of Secretary
The Secretary, with the advice of the Committee, shall: (1) On or before October 1, 2012, adopt regulations that: (i) Establish a science–based risk assessment protocol for invasive plants that: 1. Will serve as a basis for creating a two–tiered regulatory approach for controlling invasive plants in the State; and 2. Considers the harm, as determined by the Secretary, […]
Section 9.5-302 – Prohibited Acts
(a) (1) This subsection does not apply to the transfer, lease, sale, or purchase of real property on which an invasive plant is located. (2) Except as provided in paragraph (3) of this subsection and in accordance with regulations adopted by the Secretary, a person may not propagate, import, transfer, sell, purchase, transport, or introduce any living part […]
Section 9.5-303 – Tier 1 Plants — Actions and Duties on Discovery
(a) On finding a tier 1 plant in violation of § 9.5–302(a)(2) of this subtitle, the Secretary may: (1) Issue a written condemnation seizure order; (2) Mark or tag the plant in a conspicuous manner; and (3) Provide written notice to the owner, tenant, or person in charge of the premises. (b) (1) On notice from the Secretary, a person shall […]
Section 9.5-304 – Tier 2 Plants — Finding of Failure to Meet Signage Requirements
(a) If the Secretary finds that a tier 2 plant does not meet the signage requirement under § 9.5–302(b)(1) of this subtitle, the Secretary shall: (1) Issue a stop sale order; and (2) Mark or tag the plant in a conspicuous manner. (b) The Secretary shall give written notice of a finding made under subsection (a) of this section […]
Section 9.5-305 – Injunctions
(a) The Secretary may bring an action for an injunction against a person to: (1) Enforce this subtitle; (2) Enforce an order of the Secretary under this subtitle; or (3) Prevent or restrain a violation of this subtitle. (b) In an action for an injunction brought under this section, the Secretary does not have to allege or prove that: (1) An […]