Local Government - Regulatory Powers - Regulation of Invasive Trees
HB0035 expands the authority of county and municipal governments in Maryland to regulate certain invasive plant species, with a particular focus on tree of heaven (Ailanthus altissima), invasive bamboo, and other trees listed on the Maryland Prohibited Invasive Plant List. Local governments may adopt ordinances that prohibit the sale or planting of these species, and may also restrict property owners from allowing invasive bamboo or invasive trees to remain on their property without proper containment or upkeep.
The bill also authorizes local enforcement tools. Counties and municipalities may require mitigation of damages caused by invasive bamboo, tree of heaven, or other listed invasive trees, and may impose civil fines for violations. In addition, local governments may create bounty programs or native tree replacement programs to encourage removal and eradication of tree of heaven and other listed invasive trees, provided the invasive species are properly identified and removed using accepted professional methods or methods consistent with University of Maryland Agriculture Extension guidance.
The bill amends Section 1-1318 of the Local Government Article to expressly permit local regulation of invasive bamboo, tree of heaven, and other invasive trees on the state’s prohibited invasive plant list. It creates a new statewide framework for local ordinances, enforcement, and incentive programs, but leaves the decision to adopt such measures to counties and municipalities. The law takes effect October 1, 2026, and affects local governments, property owners, nurseries or sellers of regulated plants, and residents dealing with invasive species on private land.
The available record shows no committee transcript or recorded votes, so there is no detailed legislative debate to characterize. The bill’s enactment and gubernatorial approval suggest it moved forward without documented public opposition in the materials provided. Its findings and structure indicate a generally supportive policy approach centered on environmental management, agricultural protection, and local nuisance control.
No specific points of contention are documented in the provided transcripts or vote history. Based on the bill text, likely areas of concern could include local regulatory authority, property-owner obligations, and the practical enforceability of bans, fines, and eradication requirements. The bill also depends on proper species identification and accepted removal methods, which may raise implementation questions for counties, municipalities, and landowners.