–prepared by Julie, Ward 2 FONTT member

Maryland Governor Wes Moore has signed into law the The Biodiversity and Agriculture Protection Act sometimes referred to as the “Invasive Plant Species Bill.” This bill will require the Maryland Secretary of Agriculture to establish a larger list of prohibited invasive plants by regulation by October 1, 2024 and prohibit their sale within state borders.

Since 2011, Maryland has prohibited the sale of very few invasive species – just six Tier 1 plants, or 2% of our 300 recognized invasive plants.

Tier 1 Examples

Only 13 plants are classified as Tier 2, “plant with caution.” Even Tier 2 plants, such as Callery (or Bradford) pear, nandina, and Japanese barberry, can harm our ecosystem. 

Tier 2 Examples

These low numbers of Tier 1 and Tier 2 plants stands in stark contrast to the hundreds of plant species considered to be invasive by the Maryland Invasive Species Council, a nonprofit established in 2000 to address issues related to invasive species in the state.

As a result of the new bill,

• the current Tier 1 plants will be become “prohibited invasive species” and many more invasive plant species will be placed in this category, and
• the current Tier 2 plants will either be reclassified as “prohibited invasive species” or placed on a watch list (HB 979 Fiscal and Policy Analysis Note).

When a plant is classified as prohibited, sellers will have a 1-year drawdown period before the plant is totally banned (2 years for woody plants). Importantly, the law creates an efficient and durable process for identifying and prohibiting known and future invasive species.