Maryland's Biodiversity and Agriculture Protection Act
October 2026
Written by Board Member, Jean Siers
Please join us at WET's 2026 Annual Banquet!
October 2026
Written by Board Member, Jean Siers
Photo Credit: Chris Evans, University of Illinois, Bugwood.org
For years, it’s been much easier to find non-native plants in garden centers across Maryland than the beautiful natives that suit our soils and climates, and feed our birds and bugs. While the sale of natives might not take over your local Lowe’s or WalMart, the state of Maryland has begun the process of change with a phased prohibition of the sale of many types of particularly destructive invasive plants.
This has been a topic for decades, but in 2024, Maryland acted, revising its previous two-tiered system (some invasive species were not to be sold, while others could be sold with tags warning that they were invasive). Governor Wes Moore signed The Biodiversity and Agriculture Protection Act, which ended the outdated two-tiered system and required a science-based ban of sales of specific noxious invasive plants. Effective in 2026, thirteen commonly sold plants including Callery pear, non-native wisteria, nandina, and Japanese barberry will be phased out: Potted plants must be cleared out by January 15, 2027, and in-ground plants must be phased out by January 15, 2028.
In July 2026, English ivy (my personal scourge!), leatherleaf mahonia, and others were added to the original list.
According to the State, the next plants to be assessed will include mimosa trees, Chinese privet, Tree of Heaven (the delight of the nasty and very invasive spotted laternfly), and common periwinkle.
It’s important to note that plants already growing on private property do not need to be removed, although the State recommends removal and replacement with natives. The ban affects only sales, and allows up to two years for growers to sell off existing stock if desired.
This ban matters in the Wicomico watershed for many reasons. Invasive plants, like the now-banned common reed, can invade ponds used for livestock and for irrigation, choking out access. English ivy can kill trees and actually damage and destroy outbuildings and machinery if left to grow. University of Maryland Extension has found that thickets of fast-growing invasive plants such as Japanese barberry and Callery pear can choke out natives, and create humid microclimates that boost tick populations, endangering livestock and farmworkers. And while non-native plants grow quickly and often push out native stock, their root systems are shallower and allow for more erosion, damaging fields and clogging vital ditches.
Happily, it’s becoming easier to replace non-native varieties with natives. Each spring, several local nonprofits host native plant sales, offering incredible varieties of natives ranging from ferns for shady spots to pollinators for sunny spots, and trees to provide the canopy needed for native birds and insects. Keep an eye out in early spring for sales at Lower Shore Land Trust, Assateague Coastal Trust, and others. Purchasing from these sales offers homeowners access to great plants while also supporting the environmental work of the nonprofits. And there are a few more year-round options: For instance, Heritage in Georgetown, DE, is relatively new but has an amazing selection of plants and the staff can talk you through what will work best for your yard. These are just a few options for bringing diversity – and beauty – to your landscape!
While the passing of this bill won’t change our landscape overnight, it is a strong first step in educating consumers, and helping promote the sale of native versus non-native, invasive plants!
Jean Siers is the Regional Director of Society of St. Andrew’s Delmarva office; a WET board member; and a University of Maryland Extension master gardener.