Federal Way's Invasive Plant Rules: The Rules That Matter

Every city handles invasive plant rules a little differently. In Federal Way, Washington, there are 2 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Tree-of-Heaven Removal

Federal Way's landscaping code singles out Ailanthus altissima, Tree of Heaven, by name and bars planting it within 25 feet of a right-of-way or sewer line under FWRC 19.125.085. Anyone who violates the setback is liable for any damage the tree causes.

Key details: Tree of Heaven setback: 25 feet from ROW or sewer. Governing section: FWRC 19.125.085(1)(a). Liability for damage: Planter responsible, subsection (2). Comparable setback trees: Black walnut, willow, catalpa: 25 ft. Wider-setback species: Cottonwood, elm, poplar: 40 ft.

Planting Tree of Heaven inside the 25-foot buffer exposes the property owner to liability for any resulting damage under FWRC 19.125.085(2), separate from the code enforcement penalties available under Chapter 1.15 FWRC. A civil infraction for the underlying landscaping violation carries the citywide default schedule of $100 for a first offense, $200 for a second, and $300 for a third or continuing violation under FWRC 1.15.110.

Prohibited Species

Federal Way's property maintenance code bans noxious weeds outright and caps other weed growth at six inches on developed property or 12 inches on vacant land under FWRC 13.43.030(20), amending the 2021 International Property Maintenance Code. The city's own zoning definition of "invasive species" points to the King County noxious weed control board's list to identify which plants count.

Key details: Weed height limit: 6 in. developed / 12 in. vacant land. Noxious weeds: Prohibited outright, no height threshold. Code adopted: 2021 International Property Maintenance Code. Invasive species list source: King County noxious weed control board. Nuisance trigger: 50%+ blackberry/weed coverage = unfit premises.

A property owner who lets noxious weeds grow, or lets other weeds exceed six inches on developed land or 12 inches on vacant land, is subject to code enforcement under FWRC 13.43.020's IPMC adoption and the city's civil enforcement chapter, FWRC 1.15.040: a notice and order to correct, then an accruing penalty of $100 for a first violation, $200 for a second, $300 for a third, and $500 for further violations of the same kind. A lot more than 50 percent covered in blackberries or noxious weeds can also be declared dangerous or unfit under FWRC 1.15.175.

This is one of the stricter rules in Federal Way's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

The Bottom Line

Federal Way's invasive plant rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Federal Way is broadly strict or permissive.

This guide is based on Federal Way's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.