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*sb0266*
SENATE BILL 266
L6, M4 (6lr0816)
ENROLLED BILL
— Education, Energy, and the Environment/Environment and Transportation —
Introduced by Senator Brooks
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _________ ______ at ________________________ o’clock, ________M.
______________________________________________
President.
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
2 SENATE BILL 266
Preamble 1
WHEREAS, Invasive species are nonnative plants , pathogens, and animals whose 2
introduction causes harm to human health, environmental harm, or economic har m – 3
typically through unchecked growth spread; and 4
WHEREAS, The tree of heaven is a nonnative, deciduous hardwood tree that is 5
considered an invasive species throughout North America because the species spreads 6
quickly and aggressively, crowding out nati ve plants with dense greenery while secreting 7
a chemical into the soil that is toxic to surrounding plants; and 8
WHEREAS, The tree of heaven is the preferred habitat for the spotted lanternfly, 9
another invasive species that is causing economic damage to the agricultural community, 10
stressing native plant populations, and generally acting as a nuisance statewide; and 11
WHEREAS, The trees on the Maryland Department of Agriculture’s Maryland 12
Prohibited Invasive Plant List have been determined to be invasive, nonnative trees that 13
cause harm to human health, environmental harm, or economic harm; now, therefore, 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Local Government 17
1–1318. 18
(a) (1) In this section [, “invasive ] THE FOLLOWING WORDS HAVE THE 19
MEANINGS INDICATED. 20
(2) “INVASIVE bamboo” means NONNATIVE bamboo that is characterized 21
by aggressive spreading behavior, including bamboo species in the genus Phyllostachys. 22
(3) “LISTED INVASIVE TREE” MEANS ANY TREE ON TH E “MARYLAND 23
PROHIBITED INVASIVE PLANTS PLANT LIST” POSTED BY THE DEPARTMENT OF 24
AGRICULTURE. 25
(4) “NATIVE TREE REPLACEME NT PROGRAM ” MEANS A PROGRAM 26
WHEREBY A PERSON REC EIVES A NATIVE TREE IN EXCHANGE FOR REMO VING AND 27
ERADICATING AN INVASIVE TREE. 28
(3) (5) “TREE OF HEAVEN ” MEANS THE AILANTHUS ALTISSIMA 29
TREE SPECIES. 30
(b) This section applies to all counties and municipalities. 31
SENATE BILL 266 3
(c) The governing body of a county or municipality, by ordinance, may regulate 1
invasive bamboo , LISTED INVASIVE TREE S, OR TREES OF HEAVEN , including by 2
prohibiting a person from: 3
(1) selling invasive bamboo, LISTED INVASIVE TREE S, OR TREES OF 4
HEAVEN; 5
(2) planting invasive bamboo , LISTED INVASIVE TREE S, OR TREES OF 6
HEAVEN; [and] 7
(3) allowing invasive bamboo , LISTED INVASIVE TREE S, to grow on the 8
property of the person without proper upkeep and appropriate containment measures, 9
including barriers or trenches; AND 10
(4) ALLOWING TREES OF HEAVEN OR OTHER LISTED INVASIVE TREES 11
TO GROW ON THE PERSON’S PROPERTY. 12
(d) The governing body of a county or municipality may provide for the 13
enforcement of an ordinance adopted under this section by: 14
(1) requiring any damages caused by invasive bamboo, LISTED INVASIVE 15
TREES, OR TREES OF HEAVEN OR OTHER LISTED INVASIVE TREES to be mitigated; and 16
(2) establishing a civil fine. 17
(E) THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY MAY ESTABLISH 18
A BOUNTY OR NATIVE TREE REPLA CEMENT PROGRAM TO INCENTIVI ZE THE 19
REMOVAL AND ERADICATION OF TREES OF HEAVEN AND OTHER LISTED INV ASIVE 20
TREES. 21
(F) A BOUNTY OR NATIVE TREE REPLACEMENT PROGRAM ESTABLISHED BY 22
A COUNTY OR MUNICIPALITY SHALL REQUIRE: 23
(1) AN INVASIVE TREE TO BE PROPERLY IDENTIFI ED CONSISTENT 24
WITH THE SPECIES PAG E PUBLISHED BY THE UNIVERSITY OF MARYLAND 25
AGRICULTURE EXTENSION; AND 26
(2) THE INVASIVE SPECIES, AFTER BEING PROPERLY IDENTIFIED, TO 27
BE REMOVED OR ERADIC ATED ACCORDING TO PR OFESSIONALLY ACCEPTE D 28
METHODS OR CONSISTENT WITH METHODOLOGY ON THE SPECIES PAGE PUBLISHED 29
BY THE UNIVERSITY OF MARYLAND AGRICULTURE EXTENSION. 30
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
October 1, 2026. 32