§9.5–302.

    (a)    This section does not apply to the transfer, lease, sale, or purchase of real property on which a prohibited invasive plant is located.

        (b)    (1)    Except as provided in paragraphs (2) and (3) of this subsection, a person may not propagate, import, transfer, sell, purchase, transport, or introduce any living part of a prohibited invasive plant in the State.

        (2)    A person may, in accordance with regulations adopted by the Department, conduct an activity prohibited under paragraph (1) of this subsection if:

            (i)    The person receives approval from the Secretary before conducting the activity; and

            (ii)    The activity is for the purpose of:

                1.    Disposing of the prohibited invasive plant;

                2.    Controlling the prohibited invasive plant;

                3.    Using the prohibited invasive plant for research or educational purposes; or

                4.    Exporting the prohibited invasive plant out of the State.

        (3)    (i)    Notwithstanding paragraph (2)(i) of this subsection and subject to subparagraph (ii) of this paragraph, the State Highway Administration may conduct an activity prohibited under paragraph (1) of this subsection for the purpose of controlling or disposing of a prohibited invasive plant along State highways without prior approval of the Secretary.

            (ii)    The State Highway Administration shall control or dispose of prohibited invasive plants along State highways under subparagraph (i) of this paragraph in a manner consistent with regulations adopted by the Department.

            (iii)    The Department shall notify the State Highway Administration of any changes to regulations adopted by the Department that impact the control or disposal of prohibited invasive plants.