Md. Code Regs. 15.06.04.04 - Tier 1 Prohibitions and Approvals
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 Tier 1 invasive plant in the
State.
B. A person may conduct an
activity prohibited under §A of this regulation if:
(1) The person receives approval from the
Secretary before conducting the activity; and
(2) The activity is for the purpose of:
(a) Disposing of the invasive
plant;
(b) Controlling the invasive
plant;
(c) Using the invasive plant
for research or educational purposes; or
(d) Exporting the invasive plant out of the
State
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) Controlling a Tier 1 invasive plant,
provided:
(a) The person is not a commercial
entity;
(b) The plant is not taken
off-site; and
(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) Transporting a Tier 1 invasive
plant off-site for the purpose of identification or disposal, provided:
(a) The person is not a commercial entity;
and
(b) The plant is removed
according to the provisions of Regulation .06G of this chapter.
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)
Name;
(2) Business, nursery, or
plant dealer license number if applicable;
(3) Phone;
(4) Email address;
(5) Tier 1 plant for which approval is being
requested (full botanical name);
(6) Specific location of the Tier 1
plant;
(7) Proposed
activity;
(8) Method of
safeguarding from propagule dispersal;
(9) Time frame of the proposed activity;
and
(10) Any other information
required by the Secretary.
E. Upon notice and an opportunity to be
heard, the Secretary may:
(1) Withdraw or
revoke any approval for any person who violates any condition of any approval
by the Secretary; or
(2) Revise any
approval as a condition of any permit, based on new information obtained after
an approval is granted.
Notes
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