WILLIAM DONALD SCHAEFER, Governor                    Ch. 484

(6) FOLLOWING A PUBLIC HEARING DECLARE A QUARANTINE
TO CONTROL OR ERADICATE ANY EXOTIC PLANT, WHICH MEANS A PLANT
SPECIES NOT PREVIOUSLY KNOWN TO OCCUR IN THE STATE OR KNOWN TO BE
OF ONLY LIMITED DISTRIBUTION IN THE STATE, AS DETERMINED BY THE
SECRETARY.

9-403.

After an agreement between the Secretary and the county is
executed, the Secretary and the county may conduct surveys to
determine the location and amount of [infestations of Johnson
grass, thistle,] INFESTATION OF A NOXIOUS WEED or other plant
species within the county. Both parties may provide technical
assistance to landowners in a cooperative control or eradication
program, and may effect a program of mowing, spraying, or other
control or eradication practices on any road right-of-way,
drainage ditch bank, park, playground, and any other public or
private land. The agreement between the Secretary and county may
be terminated by either party on 30 days written notice.

9-404.

(a)  No person may:

(1)  Import or transport [Johnson grass or thistle] A
NOXIOUS WEED in the State in any form capable of growth[, except
for research purposes with the prior written approval of the
Secretary]; or

(2)  Contaminate any uninfested land with [Johnson
grass or thistle] A NOXIOUS WEED through the movement of
rootstocks, seed, soil, mulch, nursery stock, farm machinery, or
any other artificial medium.

(b)  Each landowner, including a landowner of public land,
or person who possesses and manages land infested with [Johnson
grass or thistle shall prevent seed set of Johnson grass plants
or full flowering of thistle plants on that land by mowing,
cultivating, treating with approved herbicides, or by using any
other practice prescribed by the Secretary] A NOXIOUS WEED SHALL
ERADICATE OR CONTROL THE NOXIOUS WEED ON THAT LAND BY USING
PRACTICES THAT THE SECRETARY PRESCRIBES, INCLUDING MOWING,
CULTIVATING, OR TREATING WITH AN APPROVED HERBICIDE.

9-405.

[Every] EACH failure to comply with the provisions of this
subtitle shall be reported to the State's Attorney for the county
in which the violation occurs. The State's Attorney shall
prosecute all violations and bring an action to enjoin any
nuisance. However, a landowner or other person who possesses
and manages the land may enter into a written agreement with the
Secretary which sets forth a program for the eradication or

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