WES MOORE, Governor Ch. 490
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Chapter 490
(Senate Bill 836)
AN ACT concerning
Maryland Native Plants Program
FOR the purpose of establishing the Maryland Native Plants Program to encourage and
promote the use and sale of plants native to Maryland at certain businesses and to
educate the public on native plants; requiring the University of Maryland Extension
Department of Agriculture to administer the Program in coordination with the
Department of Agriculture University of Maryland Extension; requiring the
University of Maryland Extension to hire an extension agent to serve as a native
plant specialist for certain educational purposes; requiring the Department of
Agriculture to create and maintain a certain voluntary certification program and a
marketing program in a certain manner; requiring the University of Maryland
Extension to create a certain website on native plants and requiring the Department
of Natural Resources to include a link to the website on the Department of Natural
Resources’ native plants website; and generally relating to plants native to
Maryland.
BY adding to
Article – Agriculture
Section 10–401 through 10–407 to be under the new subtitle “Subtitle 4. Maryland
Native Plants Program”
Annotated Code of Maryland
(2016 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Agriculture
SUBTITLE 4. MARYLAND NATIVE PLANTS PROGRAM.
10–401.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “COMMERCIAL MARYLAND NATIVE PLANT LIST” MEANS A LIST OF
PLANTS THAT ARE NATI VE TO MARYLAND THAT ARE COM MERCIALLY AVAILABLE
AND APPROPRIATE FOR GROWING IN RESIDENTI AL OR COMMERCIAL LAN DSCAPES.
Ch. 490 2023 LAWS OF MARYLAND
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(C) (1) “NATIVE PLANT” MEANS A PLANT THAT O CCURS NATURALLY IN
THE STATE AND SURROUNDING REGION, ECOSYSTEM, AND HABITAT , WITHOUT
DIRECT OR IND IRECT HUMAN ACTIONS .
(2) “NATIVE PLANT” INCLUDES A PLANT THA T:
(I) WAS PRESENT BEFORE EUROPEAN COLONIAL
SETTLEMENT ; OR
(II) IS LISTED AS NATIVE T O MARYLAND ON THE MARYLAND
PLANT ATLAS WEBSITE.
(3) “NATIVE PLANT” DOES NOT INCLUDE A P LANT THAT IS A NAMED
OR UNNAMED CULTIVAR OR HYBRID.
(D) “NATIVE PLANT SPECIALIST” MEANS THE UNIVERSITY OF MARYLAND
EXTENSION AGENT HIRED UNDER § 10–403 OF THIS SUBTITLE.
(E) “PROGRAM” MEANS THE MARYLAND NATIVE PLANTS PROGRAM.
10–402.
(A) THERE IS A MARYLAND NATIVE PLANTS PROGRAM.
(B) THE PURPOSE OF THE PROGRAM IS TO:
(1) ENCOURAGE AND PROMOTE THE RESPOND TO THE INCREA SING
DEMAND FOR , USE OF, AND SALE OF NATIVE P LANTS BY RETAIL GARD EN CENTERS,
RETAIL NURSERIES , AND WHOLESALE NURSER IES; AND
(2) EDUCATE THE PUBLIC, LANDSCAPERS , AND OTHER PLANT USER S
ON THE IMPORTANCE , BENEFIT, AND AVAILABILITY OF NATIVE PLANTS .
(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE
DEPARTMENT SHALL ADMI NISTER THE PROGRAM.
(2) THE UNIVERSITY OF MARYLAND EXTENSION SHALL ADMIN ISTER
THE EDUCATIONAL COMPONEN TS OF THE PROGRAM IN COORDINATI ON WITH THE
DEPARTMENT AND OTHER AGENCIES .
10–403.
(A) (1) THE UNIVERSITY OF MARYLAND EXTENSION SHALL HIRE AN
EXTENSION AGENT TO S ERVE AS A NATIVE PLANT SPECIALIST. WES MOORE, Governor Ch. 490
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(2) THE INDIVIDUAL HIRED TO SERVE AS THE NATIVE PLANT
SPECIALIST MUST HAVE EXPERTISE IN NATIVE PLANTS.
(B) THE NATIVE PLANT SPECIALIST SHALL :
(1) ASSIST THE UNIVERSITY OF MARYLAND EXTENSION IN
FULFILLING ANY EDUCATIONAL AND PROFESSIONAL TRAININ G RESPONSIBILITIES
RELATED TO THE PROGRAM;
(2) COORDINATE WITH THE DEPARTMENT IN THE ADMINISTRATIO N
TO DELIVER EDUCATION AL COMPONENTS OF THE PROGRAM;
(3) ESTABLISH AND MAINTAI N PROVIDE INPUT AND EXP ERTISE TO
THE DEPARTMENT IN THE DEVELOPMENT OF THE COMMERCIAL MARYLAND
NATIVE PLANT LIST DEVELOPED UNDER § 10–404 OF THIS SUBTITLE;
(4) PROVIDE GUIDANCE INPUT AND EXPERTISE TO THE
DEPARTMENT ON THE DEV ELOPMENT OF A LIST O F CERTIFIED MARYLAND NATIVE
PLANT GROWERS AND RE TAILERS DEVELOP ED UNDER § 10–405 OF THIS SUBTITLE;
(5) TEACH GROWERS AND OTHER STAKEHOLDE RS ABOUT
TECHNIQUES FOR GROWI NG NATIVE PLANTS ; AND
(6) COORDINATE EDUCATION , APPLIED RESEARCH , AND OUTREACH
TO TEACH THE PUBLIC , LANDSCAPERS , AND OTHER PLANT USER S ABOUT THE
IMPORTANCE, BENEFIT, AND AVAILABILITY OF NATIVE PLANTS .
10–404.
(A) THE UNIVERSITY OF MARYLAND EXTENSION, IN COORDINATION WITH
SHALL PROVIDE INPUT TO THE DEPARTMENT , WHO SHALL RECEIVE IN PUT FROM
THE DEPARTMENT OF NATURAL RESOURCES, AND THE MARYLAND NATIVE PLANT
SOCIETY, SHALL TO DEVELOP A COMMERCIAL MARYLAND NATIVE PLANT LIST.
(B) THE UNIVERSITY OF MARYLAND EXTENSION, IN COORDINATION WITH
SHALL PROVIDE INPUT TO THE DEPARTMENT , WHO SHALL RECEIVE IN PUT FROM
THE DEPARTMENT OF NATURAL RESOURCES, AND THE MARYLAND NATIVE PLANT
SOCIETY, SHALL TO REVIEW AND UPDATE TH E COMMERCIAL MARYLAND NATIVE
PLANT LIST AT LEAST ONCE EV ERY 3 YEARS.
(C) WHEN A CULTIVAR OR HY BRID OF A NATIVE PLA NT FILLS AN
ECOLOGICAL NICHE THA T A NATIVE PLANT IS NO LONGER ABLE TO FI LL DUE TO
WIDESPREAD ATTACK BY DISEASE OR INSECTS , THE NATIVE PLANT SPECIALIST Ch. 490 2023 LAWS OF MARYLAND
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SHALL FIRST RECEIVE INPUT FROM THE DEPARTMENT OF NATURAL RESOURCES
AND THE MARYLAND NATIVE PLANT SOCIETY AND THEN INFO RM AND GUIDE THE
DEPARTMENT IN EVALUAT ING THE CULTIVAR OR HYBRID OF A NATIVE P LANT FOR
INCLUSION ON THE COMMERCIAL MARYLAND NATIVE PLANT LIST.
(C) (D) THE COMMERCIAL MARYLAND NATIVE PLANT LIST SHALL BE
POSTED ONLINE IN ACC ORDANCE WITH § 10–407 OF THIS SUBTITLE.
10–405.
(A) (1) THE DEPARTMENT , IN CONSULTATION WITH THE UNIVERSITY OF
MARYLAND EXTENSION, SHALL CREATE A VOLUN TARY CERTIFICATION P ROGRAM
FOR GROWERS AND RETA ILERS TO BE IDENTIFI ED AS A MARYLAND NATIVE PLANT
GROWER OR A MARYLAND NATIVE PLANT RETAILER, OR BOTH.
(2) THIS CERTIFICATION SH ALL ONLY BE AVAILABL E TO GROWERS
AND RETAILERS THAT A RE SELLING NATIVE PL ANTS LISTED ON THE COMMERCIAL
MARYLAND NATIVE PLANT LIST.
(B) (1) THE UNIVERSITY OF MARYLAND EXTENSION DEPARTMENT
SHALL DEVELOP AND MA INTAIN A LIST OF CER TIFIED MARYLAND NATIVE PLANT
GROWERS AND CERTIFIED MARYLAND NATIVE PLANT RETAILERS.
(2) THE LISTS DEVELOPED U NDER THIS SUBSECTION SHALL BE
POSTED ONLINE IN ACC ORDANCE WITH § 10–407 OF THIS SUBTITLE.
10–406.
(A) THE DEPARTMENT , IN COORDINATION WITH THE UNIVERSITY OF
MARYLAND EXTENSION, SHALL CREATE A “MARYLAND NATIVES” MARKETING
PROGRAM AND SIGNS, TO ENCOURAGE AND PRO MOTE THE USE AND SAL E OF NATIVE
PLANTS THAT ARE LIST ED ON THE COMMERCIAL MARYLAND NATIVE PLANT LIST.
(B) THE “MARYLAND NATIVES” MARKETING PROGRAM SH ALL DEVELOP:
(1) A “MARYLAND NATIVES” LOGO TO IDENTIFY PLA NTS THAT ARE
LISTED ON THE COMMERCIAL MARYLAND NATIVE PLANT LIST; AND
(2) A QR CODE CONTAINING PL ANT IDENTIFICATION I NFORMATION
THAT LINKS TO THE WE BPAGES AND WEBSITES SPECIFIED IN § 10–407 OF THIS
SUBTITLE.
WES MOORE, Governor Ch. 490
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(C) THE “MARYLAND NATIVES” LOGO SHALL BE MADE A VAILABLE TO
GROWERS AND RETAILER S WHO MAY:
(1) PLACE THE LOGO ON LAB ELS, STICKERS, OR POTS OF EACH PLANT
LISTED ON THE COMMERCIAL MARYLAND NATIVE PLANT LIST; AND
(2) USE THE LOGO IN DISPL AYS WITH PLANTS LIST ED ON THE
COMMERCIAL MARYLAND NATIVE PLANT LIST.
10–407.
(A) (1) THE UNIVERSITY OF MARYLAND EXTENSION SHALL CREAT E A
“MARYLAND NATIVE PLANTS” WEBPAGE ON THE UNIVERSITY OF MARYLAND
EXTENSION’S WEBSITE.
(2) THE “MARYLAND NATIVE PLANTS” WEBPAGE SHALL INCLUD E:
(I) THE COMMERCIAL MARYLAND NATIVE PLANT LIST
DEVELOPED UNDER § 10–404 OF THIS SUBTITLE;
(II) THE LISTS OF CERTIFIE D MARYLAND NATIVE PLANT
GROWERS AND CERTIFIED MARYLAND NATIVE PLANT RETAILERS DEVELOPED
UNDER § 10–405 OF THIS SUBTITLE; AND
(III) GENERAL INFORMATION O N NATIVE PLANTS .
(B) THE DEPARTMENT SHALL PROM OTE THE PROGRAM AND INCLUDE O N
THE DEPARTMENT OF AGRICULTURE ’S “MARYLAND’S BEST” WEBSITE:
(1) THE COMMERCIAL MARYLAND NATIVE PLANT LIST DEVELOPED
UNDER § 10–404 OF THIS SUBTITLE;
(2) THE LISTS OF CERTIFIE D MARYLAND NATIVE PLANT GROWERS
AND CERTIFIED MARYLAND NATIVE PLANT RETAILERS DEVELOPED UNDER §
10–405 OF THIS SUBTITLE ; AND
(3) GENERAL INFORMATION A BOUT NATIVE PLANTS .
(C) A LINK TO THE “MARYLAND NATIVE PLANTS” WEBPAGE SHALL BE
POSTED ON:
(1) THE THE DEPARTMENT OF NATURAL RESOURCES’ NATIVE
PLANTS WEBSITE ; AND
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(2) THE UNIVERSITY OF MARYLAND EXTENSION’S WEBSITE.
(D) FOR FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER , THE
GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF
$150,000 FOR THE UNIVERSITY OF MARYLAND EXTENSION TO HIRE ONE
EXTENSION AGENT AS A NATIVE PLANT SPECIALIST AND $100,000 FOR THE
DEPARTMENT TO HIRE ST AFF TO ADMINISTER TH E PROGRAM.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023 July 1, 2024.
Approved by the Governor, May 8, 2023.