A. The following plants are classified as Tier 1 invasive plants upon adoption of this regulation (see Departmentís website for adoption date http://mda.maryland.gov/plantspests/Pages/maryland invasive plants prevention and control.aspx):
(1) Ficaria verna (fig buttercup);
(2) Geranium lucidum (shining cranesbill);
(3) Iris pseudacorus (yellow flag iris);
(4) Euonymus fortune (wintercreeper);
(5) Lonicera maackii (Amur honeysuckle); and
(6) Corydalis incisa (incised fumewort).
B. Phase-out periods for Tier 1 Plants.
(1) A person in possession of a Tier 1 plant, except a person who is growing a woody plant in ground, shall comply with the Tier 1 provisions of this chapter within 1 year of that plantís effective date on the Tier 1 list.
(2) A person who is growing a Tier 1 woody plant in ground shall comply with the provisions of this chapter within 2 years from that plantís effective date on the Tier 1 list.
(3) A person may not acquire a new Tier 1 plant after that plantís effective date on the Tier 1 list.
C. The following plants are classified as Tier 2 invasive plants upon adoption of this regulation (see Departmentíswebsite for adoption date http://mda.maryland.gov/plants-pests/Pages/maryland invasive plants prevention and control.aspx):
(1) Euonymus alatus (burning bush);
(2) Ligustrum obtusifolium (blunt-leaved or border privet);
(3) Wisteria sinensis (Chinese wisteria);
(4) Wisteria floribunda (Japanese wisteria);
(5) Wisteria xormosa (floribunda x sinensis hybrids);
(6) Cytisus scopoarius, (Scotch broom);
(7) Nandina domestica (heavenly bamboo), except for the cultivar Firepower;
(8) Phyllostachys aurea (golden bamboo);
(9) Phyllostachys aureosulcata (yellow groove bamboo);
(10) Pyrus calleryana (Callery pear);
(11) Tetradium daniellii (bee bee tree);
(12) Aralia elata(Japanese angelica-tree); and
(13) Berberis thunbergii (Japanese barberry).
D. A person shall comply with the Tier 2 provisions of this chapter within 3 months of a plantís effective date on the Tier 2 list.
E. Procedures for Classification or Declassification of an Invasive Plant as a Tier 1 Invasive Plant or Tier 2 Invasive Plant.
(1) A person who requests the classification or declassification of a plant as a Tier 1 or Tier 2 invasive plant, shall submit a written request to the Secretary that includes the name of the requestor, contact information, scientific name of the plant, and a justification for the request.
(2) Upon receipt of the request the Secretary, in consultation with the Invasive Plant Advisory Committee, shall make a determination, considering:
(a) Whether the plant is or could potentially be sold or marketed in the State;
(b) If the plant has already been assessed pursuant to Regulation .03 of this chapter, whether new, science-based information is available that could change the speciesí tier ranking; and
(c) If the plant has not been assessed pursuant to Regulation .03 of this chapter, whether the justification for the request, including documented scientific evidence of economic, ecological, or environmental harm, or harm to human health, necessitates formal weed risk assessment.
(3) The Secretary shall notify the requestor of the final decision regarding the request.
F. Distribution of the List of Tier 2 Invasive Plants.
(1) The Secretary shall send a list of Tier 2 invasive plants with annual renewal letters and with each new application for a nursery, plant dealer, or plant broker license.
(2) The Secretary shall post the current list of Tier 2 invasive plants on the Departmentís website.
(3) A person in the business of providing landscaping services who plants or supplies for planting a Tier 2 invasive plant shall provide to the customer requesting the service the list of Tier 2 invasive plants.
G. Disposal of Tier 1 Plants. Any person who removes a Tier 1 plant off-site shall ensure that:
(1) The plant is completely contained (for example, covered or securely tarped in a solid conveyance, or bagged) to prevent the escape of plant parts into the environment; and
(2) If the plant is being removed for disposal, it is removed to a Maryland Department of Environment approved landfill or compost facility for burial or composting.