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HOUSE BILL 35
L6, M4 6lr0693
(PRE–FILED) CF SB 266
By: Delegate Foley Delegates Foley, Allen, Behler, Boyce, Guyton, Healey, J. Long,
Lewis, Odom, Stein, and Ziegler
Requested: August 14, 2025
Introduced and read first time: January 14, 2026
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 18, 2026
CHAPTER ______
AN ACT concerning 1
Local Government – Regulatory Powers – Regulation of Tree of Heaven Invasive 2
Trees 3
FOR the purpose of authorizing the governing body of a county or municipality to adopt 4
certain ordinances to regulate trees tree of heaven and certain invasive trees ; 5
authorizing the governing body of a county or municipality to establish a bounty 6
program certain programs to incentivize the removal of trees tree of heaven and 7
certain invasive trees ; and generally relating to local management of trees tree of 8
heaven and certain invasive trees. 9
BY repealing and reenacting, with amendments, 10
Article – Local Government 11
Section 1–1318 12
Annotated Code of Maryland 13
(2013 Volume and 2025 Supplement) 14
Preamble 15
WHEREAS, Invasive species are nonnative plants , pathogens, and animals whose 16
introduction causes harm to human health, environmental harm, or economic harm – 17
typically through unchecked growth spread; and 18
2 HOUSE BILL 35
WHEREAS, The tree of heaven is a nonnative, deciduous hardwood tree that is 1
considered an invasive species throughout North America because the species spreads 2
quickly and aggressively, crowding out native plants with dense greenery while secreting 3
a chemical into the soil that is toxic to surrounding plants; and 4
WHEREAS, The tree of heaven is the pr eferred habitat for the spotted lanternfly, 5
another invasive species that is causing economic damage to the agricultural community, 6
stressing native plant populations, and generally acting as a nuisance statewide; and 7
WHEREAS, The trees on the Department of Agriculture’s Maryland Prohibited 8
Invasive Plant List have been determined to be invasive, nonnative trees that cause harm 9
to human health, environmental harm, or economic harm; now, therefore, 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARY LAND, 11
That the Laws of Maryland read as follows: 12
Article – Local Government 13
1–1318. 14
(a) (1) In this section [, “invasive ] THE FOLLOWING WORDS HAVE THE 15
MEANINGS INDICATED. 16
(2) “INVASIVE bamboo” means NONNATIVE bamboo that is characterized 17
by aggressive spreading behavior, including bamboo species in the genus Phyllostachys. 18
(3) “LISTED INVASIVE TREE” MEANS ANY TREE ON TH E “MARYLAND 19
PROHIBITED INVASIVE PLANT LIST” POSTED BY THE DEPARTMENT OF 20
AGRICULTURE. 21
(4) “NATIVE TREE REPLACEME NT PROGRAM ” MEANS A PROGRAM 22
WHEREBY A PERSON REC EIVES A NATIVE TREE IN EXCHANGE FOR REMO VING AND 23
ERADICATING AN INVASIVE TREE. 24
(3) (5) “TREE OF HEAVEN ” MEANS THE AILANTHUS ALTISSIMA 25
TREE SPECIES. 26
(b) This section applies to all counties and municipalities. 27
(c) The governing body of a county or municipality, by ordinance, may regulate 28
invasive bamboo , LISTED INVASIVE TREE S, OR TREES OF HEAVEN , including by 29
prohibiting a person from: 30
(1) selling invasive bamboo , LISTED INVASIVE TREES , OR TREES OF 31
HEAVEN; 32
HOUSE BILL 35 3
(2) planting invasive bamboo , LISTED INVASIVE TREE S, OR TREES OF 1
HEAVEN; [and] 2
(3) allowing invasive bamboo to grow on the property of the person without 3
proper upkeep and appropriate containment measures, including barriers or trenches; AND 4
(4) ALLOWING TREES OF HEAVEN OR OTHER LISTED INVASIVE TREES 5
TO GROW ON THE PERSON’S PROPERTY. 6
(d) The governing body of a county or municipality may provide for the 7
enforcement of an ordinance adopted under this section by: 8
(1) requiring any damages caused by invasive bamboo, LISTED INVASIVE 9
TREES, OR TREES OF HEAVEN to be mitigated; and 10
(2) establishing a civil fine. 11
(E) THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY MAY ESTABLISH 12
A BOUNTY OR NATIVE TREE REP LACEMENT PROGRAM TO INCENTIVI ZE THE 13
REMOVAL AND ERADICATION OF TREES OF HEAVEN AND OTHER LISTED INV ASIVE 14
TREES. 15
(F) A BOUNTY OR NATIVE TREE REPLACEMENT PROGRAM ESTABLISHED BY 16
A COUNTY OR MUNICIPALITY SHALL REQUIRE: 17
(1) AN INVASIVE TREE TO BE PROPERLY IDENTIFIED CONSISTEN T 18
WITH THE SPECIES PAG E PUBLISHED BY THE UNIVERSITY OF MARYLAND 19
AGRICULTURE EXTENSION; AND 20
(2) THE INVASIVE SPECIES, AFTER BEING PROPERLY IDENTIFIED, TO 21
BE REMOVED OR ERADIC ATED ACCORDING TO PR OFESSIONALLY ACCEPTE D 22
METHODS OR CONSISTENT WITH METHODOLOGY ON THE SPECIES PAGE PUBLISHED 23
BY THE UNIVERSITY OF MARYLAND AGRICULTURE EXTENSION. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2026. 26