Fairfax County Prepares Property Owners For New Bamboo Ordinance

Apr 27, 2023

FAIRFAX COUNTY, VA — The effective date for a new ordinance designed to control the spread of "running bamboo" is still nearly six months away, but Fairfax County's Department of Code Compliance is already working to get property owners prepared.

The new ordinance, which will go into effect on Jan. 1, 2023, will let residents submit a complaint online or over the phone when they see a violation of the ordinance.

In March, the Fairfax County Board of Supervisors passed the new bamboo ordinance. County code compliance staff are now seeking to educate the public about how to comply with the containment of non-native invasive species and nuisances such as running bamboo.

The Department of Code Compliance has put out an information sheet that explains the responsibilities of property owners under the new ordinance and steps for removing running bamboo.

Property owners, for example, can contact master gardeners, who are trained volunteer educators affiliated with the Virginia Cooperative Extension. They can help residents contain or remove running bamboo from their property.

Property owners will get 30 days to demonstrate containment of running bamboo upon receipt of a notice of violation. After that 30-day period, a property owner could face a fine of $50 each day that running bamboo remains uncontained, up to a maximum of $2,000 in a 12-month period.

Property owners will get to appeal the violation notice issued by the Department of Code Compliance to the Fairfax County Executive's office within 10 days of receiving the violation notice, or challenge the penalty in the Fairfax County General District Court.

Bamboo exists in two main types: clumping and running. The general difference between the two is that clumping bamboo keeps its roots in a designated area and grows in a cluster, while running bamboo has roots that spread in long, horizontal growths.

Running bamboo spreads as much as 15 feet per year. Once planted, running bamboo can eventually take over yards and travel across property lines, creating issues for adjacent property owners.

In 2017, the Virginia General Assembly passed Senate Bill 964, which gave Virginia municipalities the right to penalize the unrestricted spread of running bamboo through fines.

The change to the Fairfax County code specifically applies to "running bamboo," meaning any species that is characterized by "aggressive spreading behavior." If interested in planting bamboo, residents should make sure to specifically ask for the clumping bamboo, which is noninvasive and would not subject a property owner to penalties under the ordinance.

The new ordinance requires property owners to contain running bamboo on their property and prevent it from spreading beyond their property line. The ordinance will not prohibit them from planting or having running bamboo on their property. But if it spreads to the property of any other person or into a public right of way, it will constitute a violation.

For many property owners, the bamboo existed prior to their purchase of the property. But they will still be required to take measures to control the running bamboo.

Since removing bamboo can sometimes months or years, Department of Code Compliance investigators will likely work with the property owner to see that they are taking measure to comply with the code — even if the bamboo remains in place after the initial 30 days — before issuing any fines.

Residents wishing to submit a complaint about the spread of running bamboo onto their property may do so online or over the phone when the ordinance takes effect on Jan. 1, 2023.

RELATED: New Penalties Adopted For Controlling Bamboo In Fairfax County