S.B. 65                                                    VETOES

16-205.

(d)    Funds in the Wetlands Compensation Fund may be appropriated only for
acquisition AND CONSERVATION of wetland areas by the State, INCLUDING COST SHARING
ASSISTANCE TO LANDOWNERS IN THE MANAGEMENT AND CONTROL OF PHRAGMITES
UNDER TITLE 8. SUBTITLE 21 OF THE NATURAL RESOURCES ARTICLE

(e)     Funds appropriated in the budget for wetlands acquisition AND CONSERVATION
under this section:

(1)     Shall remain available until expended; and

(2)    May not be reverted under any other provision of law.

Article - Natural Resources
8-2101.

The General Assembly finds that the growth of the tall, reed-like grass Phragmites
communis, commonly known as phragmites, may be a public and common nuisance on
land and wetlands used for wildlife habitat areas.

8-2102.

(a)     A person who owns real property on which phragmites grows may apply to the
Secretary for COST SHARING assistance in the management and control of the spread of
phragmites.

(b)     (1) IF FUNDS ARE APPROPRIATED IN THE STATE BUDGET; THE
SECRETARY SHALL ESTABLISH A COST SHARING PROGRAM TO ASSIST
LANDOWNERS, ON WHOSE PROPERTY PHRAGMITES GROWS, IN THE MANAGEMENT
AND CONTROL OF THE SPREAD OF PHRAGMITES.

(2) THE DEPARTMENT MAY NOT PROVIDE ANY FINANCIAL ASSISTANCE
UNDER THIS SECTION TO ANY PROPERTY OWNER WHOSE ANNUAL COMBINED
INCOME, AS DEFINED IN § 9-104 OF THE TAX - PROPERTY ARTICLE, EXCEEDS $50,000.

(C)     The Secretary may determine whether the Department should assist a
landowner in the management and control of the spread of phragmites based on:

(1)     The magnitude of the area [of current growth for phragmites] TO BE
MANAGED AND CONTROLLED; and

(2)     The possibility of the spread of phragmites into adjoining land and
wetland areas.

(D)    (1) (I) SUBJECT TO THE REQUIREMENTS OF THIS SUBSECTION, THE
DEPARTMENT SHALL PAY A LANDOWNER 50% OF THE COSTS ASSOCIATED WITH THE
ERADICATION AND CONTROL OF THE SPREAD OF PHRAGMITES.

(II) THE LANDOWNER SHALL BE RESPONSIBLE FOR ANY
REMAINING COSTS.

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