Avian Flu Regulations in Maryland: What Every Poultry Owner Needs to Know

Maryland’s poultry industry sits at the heart of the Delmarva Peninsula — one of the most productive broiler-producing regions in the country — and it has faced repeated waves of highly pathogenic avian influenza in recent years. If you keep chickens in your backyard or manage a commercial flock, the state’s avian flu regulations directly affect how you operate, what you must report, and what happens if disease reaches your birds.

This guide walks you through every layer of Maryland’s avian flu regulatory framework: how the two main flu classifications work, what registration and biosecurity rules apply to your operation, how to report sick or dead birds, the current outbreak picture, movement controls, depopulation procedures, and the penalties for failing to comply.

HPAI vs. LPAI: Understanding Avian Flu Classifications in Maryland

Not all avian influenza strains behave the same way, and Maryland’s regulatory response depends heavily on which classification applies to a detected case. Understanding the difference between the two main types helps you anticipate what obligations and consequences follow a positive test.

Low Pathogenic Avian Influenza (LPAI) is the milder form. LPAI strains typically cause few or no signs of illness and occur naturally in wild birds around the world. If symptoms do appear, you may see mild to severe respiratory distress, lack of energy and appetite, decreased egg production, and diarrhea. Because LPAI rarely kills birds outright, the regulatory response is less drastic. There may be control options beyond depopulation — for example, quarantine or controlled marketing may also be appropriate, and federal and state officials will work with you to determine what options are available.

Highly Pathogenic Avian Influenza (HPAI) is a different matter entirely. HPAI strains are deadly to domestic poultry and can wipe out entire flocks within a matter of days. Most highly pathogenic AI viruses fall under types H5 or H7. The strain currently circulating in Maryland and across the Delmarva region is H5N1. LPAI strains can also pose economic harm: the presence of low-pathogenicity virus can result in restrictions on exports and serious repercussions on the production economy.

From a regulatory standpoint, HPAI triggers mandatory reporting, immediate quarantine, and mandatory depopulation — obligations that do not automatically apply to all LPAI detections. HPAI is a reportable disease, which means that a veterinarian has a legal duty to report any birds with suspicious signs to the Maryland State Veterinarian and USDA, who then dictate the responses when avian flu is confirmed.

Premises Registration Requirements for Poultry Owners in Maryland

One of the most fundamental obligations for any Maryland poultry owner — whether you raise a dozen backyard hens or thousands of commercial broilers — is registering your premises with the Maryland Department of Agriculture (MDA). This requirement is not optional.

Backyard flock owners are required to register their flocks with the Maryland Department of Agriculture to assist in protecting Maryland’s poultry industries from diseases such as HPAI. Registration gives state officials the ability to contact you quickly during an outbreak, conduct surveillance testing, and map the geographic spread of disease.

To register, you have several options:

• Complete the Maryland Poultry Premises Registration Form and email it to MDA’s Animal Health Program
• Mail the completed form to 50 Harry S. Truman Parkway, Annapolis, MD 21401, or fax it to the MDA Animal Health Program at 410-841-5999.

When completing your registration, you will be asked to provide basic information about your premises, including its location, the species and approximate number of birds you keep, and your contact details. The current gold standard for diagnosing and monitoring HPAI is the reverse transcription polymerase chain reaction (rRT-PCR) test, and sample collection for this test must be carried out by Category II Accredited Veterinarians, Agents of the State, or Maryland Authorized Poultry Testing Agents. Having your premises registered ensures you can be reached if surveillance testing is ordered in your area.

Biosecurity Requirements for Commercial and Backyard Flocks in Maryland

Maryland’s MDA treats biosecurity as the primary defense against HPAI — not just a suggestion. “For our dedicated poultry farmers, biosecurity isn’t just a recommendation; it is, unequivocally, the most effective defense against HPAI.” Both commercial operations and backyard flock owners are subject to the same core biosecurity guidelines, though commercial producers face additional audit requirements tied to indemnity eligibility.

The MDA’s required biosecurity measures for all poultry premises include:

• Restrict access to poultry by posting “Restricted Access” signage, securing the area with a gate, or both.
• Take steps to ensure that contaminated materials on the ground are not transported into the poultry growing house or area.
• Provide footbaths and foot mats with disinfectant, boot washing and disinfectant stations, and footwear changes or foot covers to anyone entering or leaving any area where poultry are kept.
• Cover and secure feed to prevent wild birds, rodents, or other animals from accessing it.
• Cover and properly contain carcasses, used litter, or other disease-containing organic materials to prevent wild birds, rodents, or other animals from accessing them.
• Keep visitors to a minimum — only allow those people who take care of your poultry to come in contact with your birds, including family and friends, and make sure everyone who has contact with your flock follows biosecurity principles.
• Wash your hands before and after coming in contact with live poultry using soap and water. If using hand sanitizer, first remove manure, feathers, and other materials from your hands because disinfectants will not penetrate organic matter or caked-on dirt.

For commercial producers, biosecurity compliance has direct financial consequences. A biosecurity audit is required for commercial poultry premises in the buffer zone prior to movement of poultry onto the premises, if the premises wishes to be eligible for indemnity for the poultry moved onto the premises. Failing a biosecurity audit can disqualify you from receiving federal compensation if your flock is later depopulated. You can also use the University of Maryland Extension’s biosecurity self-assessment tool to identify gaps in your current plan before an inspector does.

Transportation biosecurity is equally important. Clean and disinfect transportation equipment — avoid walking through or driving trucks, tractors, or equipment in areas where waterfowl or other wildlife feces may be, and if you cannot avoid this, clean your shoes, vehicle, and equipment thoroughly to prevent bringing disease agents back to your flock.

Issues like avian tuberculosis and avian chlamydiosis are separate diseases, but many of the same biosecurity fundamentals — restricting visitor access, maintaining clean footwear, and preventing wild bird contact — help protect your flock from multiple threats simultaneously.

Reporting Sick or Dead Birds in Maryland

Maryland law treats HPAI as a reportable disease, which means you have a legal obligation to notify authorities promptly if your birds show suspicious signs. Delayed reporting not only increases the risk of spread to neighboring farms — it can also jeopardize your eligibility for federal indemnity payments. Because you will only be indemnified for live birds and HPAI spreads quickly and can be fatal to flocks, it is critical that you report sick birds immediately and begin the indemnity process quickly if you have an infected flock.

The reporting pathways in Maryland differ depending on whether you are reporting domestic poultry or wild birds:

Commercial poultry producers should follow the protocol of notifying the company they grow for when they notice signs of disease. If you are a backyard flock owner, do not take dead or sick birds to a lab to be tested or move them off-site — instead, report any unusual or sudden increases to the MDA Animal Health Program at 410-841-5810.

Anyone who sees sick or dead birds in the wild should not handle or move the birds but should first report them to the USDA Animal and Plant Health Inspection Service (APHIS) by calling 1-877-463-6497. USDA APHIS employs staff who are trained to handle and remove sick or dead wild birds while mitigating biosecurity risks and reducing potential spread of the disease to domestic poultry facilities.

Maryland’s Current HPAI Status and Active Outbreak Zones

Maryland has experienced sustained HPAI activity across multiple seasons, with both commercial and backyard flocks affected. Understanding the recent outbreak history helps you gauge the risk level in your region and stay alert to the counties most frequently impacted.

In 2025, six commercial poultry flocks in Maryland were struck by HPAI, all of which were broiler flocks. Detections spanned the Eastern Shore and several counties including Caroline, Queen Anne’s, Worcester, and Anne Arundel. Backyard flocks in Montgomery County and Charles County were also confirmed positive during that period.

Activity continued into 2026. In January 2026, the MDA announced a presumptive positive case of H5 avian influenza in a commercial broiler farm in Caroline County — the first case of HPAI on a commercial poultry farm in Caroline County that year and the first case in Maryland in 2026. In February 2026, a presumptive positive case was announced in a commercial broiler farm in Wicomico County, making it the second case in Maryland in 2026. By March 2026, a case was confirmed in Cecil County — the fifth case on a commercial poultry farm in Maryland in 2026.

In Cecil County, a table egg pullet operation experienced an outbreak involving 354,100 birds. That control area was subsequently released. As of April 4, 2026, the Maryland Department of Agriculture announced the release of the control area within Cecil County. The previously infected premise remains under quarantine, but all other farms in the former control area, provided they are not located within another active control area, are no longer subject to movement or placement restrictions.

While once considered rare in Maryland, the virus is now being detected more commonly in the state’s wild bird populations, especially waterfowl, raptors, and black vultures. Migratory waterfowl passing through the Chesapeake Bay region during spring and fall migrations represent the primary pathway through which the virus reaches domestic flocks. Check the USDA APHIS confirmed detections map and the MDA’s avian flu page for the most current control area status.

Poultry Movement and Quarantine Restrictions in Maryland

When HPAI is detected in Maryland, movement restrictions go into effect immediately for farms within the designated control area. These restrictions apply to live birds, eggs, poultry products, equipment, litter, and manure — anything that could carry the virus off a premises.

A HPAI Control Area is a designated geographic region where strict control measures are implemented to prevent the spread of HPAI. It comprises an Infected Zone and a Buffer Zone, with the perimeter of the Control Area extending at least 7 km beyond the perimeter of the Infected Zone, which itself radiates at least 3 km from the infected premises.

During an HPAI outbreak, movement of poultry and poultry products is only allowed from premises that have approved biosecurity measures in place and can produce an HPAI-negative test result for the flock. This permitted movement allows for the continuity of the poultry industry.

The MDA also has standing orders governing specific categories of movement. A Control Order of the Secretary Requiring Specific Handling, Transport, and Storage of Poultry Litter has been in place since January 8, 2025, and an Amended Order of the Secretary Governing Poultry Auction Markets, Live Bird Markets, and Exhibitions was issued on March 28, 2025 — both reflecting the state’s authority to restrict how and where poultry and poultry-related materials move during an active outbreak period.

When a control area is released, restrictions lift for most farms — but not all. The previously infected premise remains under quarantine, but all other farms in the former control area, provided they are not located within another active control area, are no longer subject to movement or placement restrictions and are no longer required to conduct enhanced surveillance testing specific to the control area. Routine HPAI surveillance continues statewide.

To get a control area released, specific conditions must be met. All infected premises within the area must complete 100% depopulation and proper disposal of birds, feed, litter/manure, and eggs according to the flock plan. Initial virus elimination and surveillance testing must also take place. If there are no positive results on surveillance within the Control Area for 14 days after depopulation and virus elimination, the Control Area can be released.

For context on how other states handle agricultural movement restrictions, see how Wyoming manages horse boarding regulations or how Wisconsin structures its horse boarding rules — states that similarly rely on premises registration and movement controls to manage animal disease risk.

Flock Depopulation and Compensation Rules in Maryland

If HPAI is confirmed on your premises, depopulation is mandatory. There is no treatment for the disease. In the United States, there are no approved vaccines available for use against HPAI in commercial poultry. The current approach in the US involves depopulating infected flocks and implementing strict movement control measures.

Once a positive test is confirmed:

1. State officials quarantine all affected premises, and birds on the property are depopulated to prevent the spread of the disease. Birds from the affected flock will not enter the food system.
2. USDA APHIS coordinates the depopulation response, often using contractors. USDA covers the cost of depopulating and disposing of HPAI-affected flocks, and in most cases, USDA or its contractors carry out these activities and pay the costs directly.
3. Virus elimination activities — barn preparation, cleaning, and disinfection — follow depopulation before repopulation can occur.

Federal indemnity payments are available to compensate producers for the fair market value of birds that are depopulated. APHIS provides indemnity and compensation to producers to remove animals classified as affected, suspect, or exposed to diseases of concern, including HPAI. However, indemnity is not automatic — it is conditioned on biosecurity compliance.

An interim federal rule effective December 31, 2024 tightened these requirements. A biosecurity audit is required for commercial poultry premises in the buffer zone prior to movement of poultry onto the premises for indemnity eligibility. Additionally, the regulations preclude indemnity payments for poultry moved onto premises in infected zones if the poultry become infected with HPAI within 14 days following the dissolution of the control area.

APHIS offers two methods to reimburse producers for depopulation and disposal of birds — the D&D Flat Rate method or the Detailed Financial Plan method. Payment from USDA arrives via direct deposit in about 2–3 weeks once paperwork is completed and submitted. APHIS will also compensate you for materials such as contaminated feed or egg packaging that must be destroyed because they cannot be safely or adequately cleaned, but your Field Reimbursement Specialist must review and approve the items in writing before you remove or disassemble them.

Before repopulation, farms that placed birds prior to the release of the control area are still required to complete biosecurity audits if those audits have not already been completed. Skipping this step can delay your return to production and affect future indemnity eligibility.

Penalties for Non-Compliance in Maryland

Maryland’s avian flu regulations carry real legal consequences for owners who fail to meet their obligations. Non-compliance can take several forms — failing to register your premises, ignoring biosecurity orders, moving birds in violation of a quarantine, or not reporting suspected HPAI — and each carries distinct risks.

At the state level, the Maryland Department of Agriculture has broad enforcement authority under the Maryland Agriculture Article. The Secretary of Agriculture can issue control orders — such as the litter movement order and the poultry market order currently in effect — that carry the force of law. Violating a Secretary’s Order can result in civil penalties and injunctive action by the state.

At the federal level, extensive federal and international regulations are in place to safeguard the agricultural and human food supply, the U.S. economy, and trade. Violations of USDA APHIS quarantine orders and movement restrictions fall under the Animal Health Protection Act, which authorizes civil penalties of up to $50,000 per violation for individuals and up to $250,000 per violation for organizations, with higher amounts possible for willful violations.

The financial penalties for non-compliance extend beyond regulatory fines. APHIS’s interim biosecurity rule is designed to reduce the risk that a producer disregards biosecurity because they believe APHIS will continue to cover costs associated with damages related to an HPAI outbreak regardless of their biosecurity status. The current regulations do not provide a sufficient incentive for producers in control areas or buffer zones to maintain biosecurity throughout an outbreak. In practical terms: if you cannot demonstrate that you had a biosecurity plan in place and were following it at the time of HPAI detection, you may be denied indemnity entirely — meaning you absorb the full financial loss of your flock.

Non-compliance also affects your neighbors. Moving birds or equipment out of a quarantine zone without authorization can spread HPAI to surrounding farms, potentially triggering additional depopulations and legal liability. Maryland’s poultry industry — particularly on the Eastern Shore — operates in a densely concentrated geographic area where a single biosecurity failure can cascade rapidly.

For flock owners who also manage other regulated activities, understanding how compliance frameworks operate across different animal and resource categories can be helpful. Regulations governing bass fishing in Virginia and fly fishing in Washington follow similar structures — mandatory registration, defined restricted zones, and penalties for violations — reflecting how state agencies broadly apply compliance frameworks to protect shared natural and agricultural resources.

The bottom line is straightforward: register your premises, maintain documented biosecurity practices, report sick birds immediately, and follow all MDA and USDA movement orders. These steps protect your flock, your neighbors’ flocks, and your eligibility for compensation if the worst happens. For the most current information on Maryland’s HPAI situation, visit mda.maryland.gov/avianflu or call the MDA Animal Health Program at 410-841-5810.