Natural Resources - Edible Forests and Foraging Program - Establishment

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0072*

HOUSE BILL 72
M1 6lr0812
HB 257/25 – ENT (PRE–FILED)
By: Delegate Charkoudian
Requested: September 10, 2025
Introduced and read first time: January 14, 2026
Assigned to: Environment and Transportation

A BILL ENTITLED

AN ACT concerning 1

Natural Resources – Edible Forests and Foraging Program – Establishment 2

FOR the purpose of establishing a n Edible Forests and Foraging Program within the 3
Department of Natural Resources; requiring individuals who forage in designated 4
foraging areas to obtain a foraging permit; requiring the Department to charge a 5
permit application fee and establish a fee waiver process for indi viduals who 6
demonstrate financial need; requiring the Department to establish and maintain 7
edible forests on State –owned land, subject to available funding; prohibiting the 8
Department from requiring an individual to obtain a foraging permit to forage within 9
an edible forest; establishing the Edible Forests and Foraging Fund as a special, 10
nonlapsing fund in the Department to support the Edible Forests and Foraging 11
Program; requiring interest earnings of the Fund to be credited to the Fund; and 12
generally relating to foraging on State land. 13

BY adding to 14
Article – Natural Resources 15
Section 5–2201 through 5 –2205 to be under the new subtitle “Subtitle 2 2. Edible 16
Forests and Foraging Program” 17
Annotated Code of Maryland 18
(2023 Replacement Volume and 2025 Supplement) 19

BY repealing and reenacting, without amendments, 20
Article – State Finance and Procurement 21
Section 6–226(a)(1) and (2)(i) and (ii) 22
Annotated Code of Maryland 23
(2021 Replacement Volume and 2025 Supplement) 24

BY repealing and reenacting, with amendments, 25
Article – State Finance and Procurement 26
Section 6–226(a)(2)(iii)212. and 213. 27
2 HOUSE BILL 72

Annotated Code of Maryland 1
(2021 Replacement Volume and 2025 Supplement) 2

BY adding to 3
Article – State Finance and Procurement 4
Section 6–226(a)(2)(iii)214. 5
Annotated Code of Maryland 6
(2021 Replacement Volume and 2025 Supplement) 7

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
That the Laws of Maryland read as follows: 9

Article – Natural Resources 10

SUBTITLE 22. EDIBLE FORESTS AND FORAGING PROGRAM. 11

5–2201. 12

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 13
INDICATED. 14

(B) “DESIGNATED FORAGING A REA” MEANS DEPARTMENT–OWNED LAND 15
DESIGNATED BY THE DEPARTMENT FOR FORAGING IN ACCORDANCE WITH § 5–2202 16
OF THIS SUBTITLE. 17

(C) “EDIBLE FOREST ” MEANS STATE–OWNED LAND THAT IS CULTIVATED 18
FOR THE PURPOSE OF H ARVESTING NONINVASIVE PLANTS FOR NONCOMMERCIAL 19
PERSONAL CONSUMPTION. 20

(D) (1) “FORAGING” MEANS HARVESTING MUSHROOMS OR PLANT 21
MATERIALS, INCLUDING SEEDS, NUTS, ROOTS, TUBERS, AND BERRIES , FOR 22
NONCOMMERCIAL PERSONAL CONSUMPTION. 23

(2) “FORAGING” DOES NOT INCLUDE HAR VESTING THREATENED OR 24
ENDANGERED PLANT SPECIES DESIGNATED UNDER § 10–2A–04 OF THIS ARTICLE. 25

(E) “FORAGING PERMIT” MEANS THE PERMIT THAT AUTHORIZES FORAGING 26
IN A DESIGNATED FORAGING AREA. 27

(F) “FUND” MEANS THE EDIBLE FORESTS AND FORAGING FUND 28
ESTABLISHED UNDER § 5–2205 OF THIS SUBTITLE. 29

(G) “PROGRAM” MEANS THE EDIBLE FORESTS AND FORAGING PROGRAM. 30

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5–2202. 1

(A) THERE IS A N EDIBLE FORESTS AND FORAGING PROGRAM IN THE 2
DEPARTMENT. 3

(B) THE PURPOSE OF THE PROGRAM IS TO: 4

(1) DESIGNATE FORAGING AREAS; 5

(2) AUTHORIZE AND REGULAT E FORAGING WITHIN DESIGNATED 6
FORAGING AREAS; AND 7

(3) FACILITATE THE ESTABLISHMENT AND MAINTENANCE OF EDIBLE 8
FORESTS. 9

5–2203. 10

(A) THERE IS A FORAGING PERMIT. 11

(B) AN INDIVIDUAL SHALL OBTAIN A FORAGING PERMIT TO FORAGE WITHIN 12
A DESIGNATED FORAGING AREA. 13

(C) TO OBTAIN A FORAGING PERMIT, AN INDIVIDUAL SHALL: 14

(1) SUBMIT AN APPLICATION TO THE DEPARTMENT; AND 15

(2) SUBJECT TO SUBSECTION (D) OF THIS SECTION , PAY AN 16
APPLICATION FEE, AS SET BY THE DEPARTMENT. 17

(D) THE DEPARTMENT SHALL WAIVE THE FORAGING PERMIT APPLICATION 18
FEE FOR AN INDIVIDUAL WHO DEMONSTRATES FINANCIAL NEED. 19

(E) THE DEPARTMENT MAY REQUIR E AN INDIVIDUAL TO SUCCESSFULLY 20
COMPLETE AN ORIENTATION OR A FORAGING COURSE BEFO RE RECEIVING A 21
PERMIT. 22

(F) A FORAGING PERMIT SHAL L BE VALID FOR 1 YEAR FOLLOWING THE 23
DATE OF ISSUANCE. 24

(G) THE DEPARTMENT SHALL ADOP T REGULATIONS TO IMPLE MENT THIS 25
SECTION, INCLUDING REGULATIONS: 26

(1) DESIGNATING FORAGING AREAS ON DEPARTMENT–OWNED LAND; 27
4 HOUSE BILL 72

(2) ESTABLISHING A FORAGING PERMIT APPLICATION FEE; AND 1

(3) ESTABLISHING A FEE WA IVER PROCESS FOR IND IVIDUALS WHO 2
DEMONSTRATE FINANCIAL NEED. 3

5–2204. 4

(A) SUBJECT TO AVAILABLE FUNDING, THE DEPARTMENT SHALL 5
ESTABLISH AND MAINTAIN EDIBLE FORESTS ON STATE–OWNED LAND. 6

(B) NOTWITHSTANDING § 5–2203 OF THIS SUBTITLE , THE DEPARTMENT 7
MAY NOT REQUIRE AN INDIVIDUAL TO OBT AIN A FORAGING PERMIT TO FORAGE IN 8
AN EDIBLE FOREST. 9

5–2205. 10

(A) THERE IS AN EDIBLE FORESTS AND FORAGING FUND. 11

(B) THE PURPOSE OF THE FUND IS TO SUPPORT: 12

(1) THE DESIGNATION OF FORAGING AREAS; AND 13

(2) THE CULTIVATION OF N ONINVASIVE PLANTS ON STATE–OWNED 14
LAND TO BE USED AS EDIBLE FORESTS. 15

(C) THE DEPARTMENT SHALL ADMINISTER THE FUND. 16

(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 17
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 18

(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY, 19
AND THE COMPTROLLER SHALL ACCOUNT FOR THE FUND. 20

(E) THE FUND CONSISTS OF: 21

(1) PERMIT APPLICATION FEES COLLECTED UNDER § 5–2203 OF THIS 22
SUBTITLE; 23

(2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 24

(3) INTEREST EARNINGS; AND 25

HOUSE BILL 72 5

(4) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 1
THE BENEFIT OF THE FUND. 2

(F) THE FUND MAY BE USED ONLY FOR: 3

(1) DESIGNATING, PLANTING, AND MAINTAINING DESIGNATED 4
FORAGING AREAS AND EDIBLE FORESTS; AND 5

(2) ADMINISTRATIVE EXPENSES CALCULATED IN ACCORDANCE WITH 6
§ 1–103(B)(2) OF THIS ARTICLE. 7

(G) (1) THE STATE TREASURER SHALL INVEST THE MONEY OF THE FUND 8
IN THE SAME MANNER AS OTHER STATE MONEY MAY BE INVESTED. 9

(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITED TO 10
THE FUND. 11

(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 12
WITH THE STATE BUDGET. 13

Article – State Finance and Procurement 14

6–226. 15

(a) (1) Except as otherwise specifically provided by law or by regulation of the 16
Treasurer, the Treasurer shall credit to the General Fund any interest on or other income 17
from State money that the Treasurer invests. 18

(2) (i) This paragraph does not apply in fiscal years 2024 through 2028. 19

(ii) Notwithstanding any other provision of law, and unless 20
inconsistent with a federal law, grant agreement, or other federal requirement or with the 21
terms of a gift or settlement agreement, net interest on all State money allocated by the 22
State Treasurer under this section to special funds or accounts, and otherwise entitled to 23
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 24
Fund of the State. 25

(iii) The provisions of subparagraph ( ii) of this paragraph do not 26
apply to the following funds: 27

212. the Department of Social and Economic Mobility Special 28
Fund; [and] 29

213. the Population Health Improvement Fund; AND 30

6 HOUSE BILL 72

214. THE EDIBLE FORESTS AND FORAGING FUND. 1

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 2
October 1, 2026. 3