State May Regulate Invasive Bamboo

Property owners could be punished for “aggressive bamboo” if a proposed piece of state legislation goes into effect.

Running bamboo, a fast-growing type that elbows out native species and scoffs at property lines, would have to be confined to its owner’s land and could not be planted within 100 feet of any abutting property or public right of way unless contained in such a way that it does not touch the soil. People who plant running bamboo or have it planted on their property would be liable for any damages caused to their neighbors’ properties, including the cost of removing it.

In addition, retail sellers and installers of running bamboo would have to give people who buy it a statement disclosing that it grows quickly and may spread, a summary of the law, and recommendations for how to contain bamboo. Retailers or landscapers could be fined $100 for failing to provide this information.

As for homeowners: If the legislation goes through, they would face civil penalties of up to $1,000 under State Environmental Conservation law for breaching the 100-foot bamboo setback rule.

“Running bamboo has become a significant problem in communities where it has become prevalent, resulting in damage and neighbor disputes,” State Assemblyman Fred W. Thiele Jr., who sponsored the legislation, said in a press release. “In New York, many local governments have attempted to regulate bamboo, resulting in a patchwork quilt of different laws that hinder proper management. Invasive species regulation is best approached from a statewide perspective.”

Based on legislation enacted statewide in Connecticut last October, the new law in New York would supersede all local legislation relating to running bamboo. East Hampton Village and Sag Harbor Village have contemplated regulating bamboo in the past but ultimately took no action.

Mr. Thiele, who is the Sag Harbor Village attorney, said on Friday that the Department of Environmental Conservation would be better equipped to deal with the issue of bamboo. The new law, if approved, would complement DEC regulation of invasive species, he said.

According to Mr. Thiele’s office, the proposed legislation does not yet have a sponsor in the State Senate. The Assembly bill is now being reviewed by that body’s Environmental Conservation Commission. If approved, it would go into effect on October 1, 2014.

VIRGINIA GARRISON