(a) For the purpose of this section, “running bamboo” means any bamboo in the genus Phyllostachys, including Phyllostachys aureosulcata.

(b) No person who plants running bamboo or who allows running bamboo to be planted on his or her property shall permit such bamboo to grow beyond the boundaries of his or her property. On and after October 1, 2013, any person who violates the provisions of this subsection shall be liable for any damages caused to any neighboring property by such bamboo, including, but not limited to, the cost of removal of any running bamboo that grew beyond the boundaries of his or her property.

(c) No person shall plant running bamboo or allow running bamboo to be planted on his or her property at a location that is forty feet or less from any abutting property or public right-of-way. Any person who violates the provisions of this subsection shall be fined one hundred dollars. In the case of a continuing violation, each day of continuance shall be deemed a separate and distinct offense until such time as such bamboo is removed.

(d) Each retail seller or installer of running bamboo shall provide to each customer who purchases running bamboo from such seller or installer a statement that discloses that running bamboo is a fast growing plant that may spread if not properly contained and a plain language summary of the provisions contained in subsections (b) and (c) of this section. Such statement shall also provide recommendations, based on best available information, on how to properly contain running bamboo. Any retail seller or installer of running bamboo who violates the provisions of this subsection shall be fined one hundred dollars for each plant sold in violation of this section.

(e) The Department of Energy and Environmental Protection, any duly authorized municipal constable, municipal tree warden, zoning enforcement officer or inland wetlands and watercourses enforcement officer may enforce the provisions of subsections (c) and (d) of this section.

(f) Allowing running bamboo to grow beyond the boundaries of a parcel of property that a person owns shall be deemed to be a nuisance.

(P.A. 13-82, S. 1; P.A. 14-100, S. 1, 2; P.A. 16-89, S. 7.)

History: P.A. 13-82 effective June 5, 2013; P.A. 14-100 amended Subsec. (c) by replacing reference to 100 feet or less with reference to 40 feet or less, deleting exceptions re barrier system or contained plantings and deleting provision re applicability to running bamboo planted on or before October 1, 2013, and added Subsec. (f) re running bamboo beyond boundaries of property deemed to be a nuisance, effective June 6, 2014; P.A. 16-89 amended Subsec. (c) to delete reference to containment of bamboo by properly installed and constructed barrier system, effective June 1, 2016.