Biological Diversity Policy

Maryland has a biodiversity policy established by a Governor's Executive Committee. The policy and resulting plan is limited, however, to state-owned lands containing forests. According to the policy, the conservation of biodiversity will be incorporated into all state land use planning decisions on forested state lands. In addition, a report was prepared by the Alliance for the Maryland Forest that makes recommendations on conserving Maryland's biodiversity. Directors of many of the state's resource management agencies participated in its preparation.

In addition, by statute, it is the policy of the General Assembly to provide for the conservation of the soil, water and related resources in order to preserve natural resources. (Md. Code. Ann, Agric. 8-102 et seq.)

Status of Biodiversity Science

Maryland does not have a coordinated assessment system in place. Instead, the state utilizes Natural Heritage and GAP programs.

Endangered Species

Maryland has two laws that together protect endangered and threatened species of plants and animals. (Md. Code Ann., Nat. Res. 10-2A-01 to 09; 4-2A-O1 to 09) Species are listed based on the best scientific and commercial data available. Recovery plans are required, although no time frame is established. Critical habitat designation and agency consultation are not required. Violations of both laws are punishable by fines up to $1,000 and one year imprisonment or both.

State Agency Management for Biodiversity

State-owned Lands

Maryland has a number of directives that order the consideration of wildlife and natural resource issues for management of state lands. For example, the Department of Natural Resources is in charge of implementing the Governor's policy of conserving biodiversity on state-owned lands containing forests. A state wildlands preservation system seeks to preserve wildland areas in their natural condition. (Md. Code Ann., Nat. Res. 5-1203)

Cooperative Efforts

Maryland also has statutory provisions for cooperative management efforts. The state is part of the Interstate Environment Compact, which authorizes cooperative efforts to protect the environment. (Md. Code Ann., Nat. Res. 3-501) An interagency and interdisciplinary team, headed by the Department of Natural Resources, is in charge of implementing the policy to conserve biodiversity on state lands. The Chesapeake Bay Critical Area Protection Program is implemented on a cooperative basis between local and state government (Md. Code Ann., Nat. Res. 8-1801 et seq.)

State Agency Training

Some training for agency personnel on biodiversity does occur. The Department of Natural Resources sponsors biodiversity and ecosystem management seminars for state forester recertification.

Impact Assessment

Maryland has a "little NEPA," requiring assessment of major proposed agency impacts on biological resources. The Maryland Environmental Policy Act (MEPA) requires state agencies to prepare environmental effects reports for each proposed state action that significantly affects the quality of the environment. (Md. Code Ann., Nat Res. 1-301 et seq.) In addition to MEPA, other statutes require mitigation or consideration of environmental harm. For example, a cumulative impact assessment is required periodically for the state's non-tidal wetlands. (Md. Code Ann., Nat. Res. 5-908)

Habitat Acquisition

Maryland has several land acquisition programs that acquire lands with important wildlife values. The Heritage Conservation Fund acquires unique natural areas using monies from bonds, general state funds and other sources. (Md. Code Ann., Nat. Res. 5-1501 et seq.) Funding of approximately one million dollars per year is typical. The Maryland Environmental Trust protects environmental values such as wildlife and open space by acquiring land. (Md. Code Ann., Nat. Res 3-201) The Chesapeake Bay Trust purchases land for wetland preservation purposes. (Md. Code Ann, Nat. Res. 8-1905, 8-1906) The Program Open Space uses real estate transfer taxes to fund acquisition of greenways, parks, natural areas, recreation and open space.

Private Land Conservation

Maryland has programs to protect wildlife on private lands. For example, private land can be set aside as a fish refuge. (Md. Code Ann., Nat. Res. 4-406) Conservation easements are authorized by statute, and are entitled to tax credits. (Md. CodeAnn., Real Prop. 2-118) Property owned by certain conservation organizations is not subject to property taxation if the land is used for conservation purposes. (Md. Code Ann., Tax Prop. 9-220)

Exotic Species

Maryland has some provisions designed to control the introduction and spread of exotic species. For example, a permit from the Forest, Park and Wildlife Service is required before any wildlife may be imported or possessed for release into the wild. (Md. Regs. Code 08.03.09.04) The state also has statutes that target specific problems, such as exotic reptiles and amphibians. (Md. Regs. Code 08.03.11.10) Exotic plants are regulated by the Department of Agriculture under weed control laws. (Md. Code Ann., Agric. 9-202, 9-402, 404) Violations are punished as a misdemeanor with up to $1,000 fines and/or imprisonment up to one year. (Md. Code Ann., Agric. 12-102)

Predator or Animal Damage Control Activities

Maryland has an animal damage control program that operates primarily as a technical assistance organization. A cooperative agreement operates a toll-free line for nuisance wildlife information. Landowners may not control nuisance wildlife without first obtaining a permit from the ADC program. (Md. Regs. Code 08.03.09.10)

Additional Legal Protections for Biodiversity

Maryland has an environmental standing act allowing any person to sue for violations of environmental statutes or regulations. (Md. Code Ann., Nat. Res. 1-503)

Related Issues

Maryland does not have programs of public education for biodiversity, although some wildlife education programs exist. The state participates in Project WILD, and published a wildlife viewing guide, though not part of the Watchable Wildlife series. In addition, one use of the State Chesapeake Bay and Endangered Species Fund is for a public education and information program about wildlife and habitat conservation. (Md. Code Ann., Nat. Res. 1-705)

Maryland does not have a takings bill. A bill was introduced in the 1995 legislative session that would compensate a landowner for reductions in property value of 25 percent or more from agency action, but the bill died in committee.

Contacts:

Department of Agriculture
50 Harry S. Truman Pkwy.
Annapolis, MD 21401
410-841-5700

Department of Natural Resources
Tawes State Office Bldg.
580 Taylor Ave.
Annapolis, MD 21401
410-974-2383

State Extension Services
University of Maryland
1104 Symons Hall
College Park, MD 20742
301-405-2072