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Brookhaven, NY Invasive Plant Rules: Bamboo Restrictions (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

New planting
Running bamboo planting/installation banned
Existing bamboo
Must be confined to the owner's property
Named genera
8 running genera; 3 more added for existing bamboo
Notice period
At least 15 days to comply (§ 49-6C)
First-offense fine
$500 to $2,000 (§ 49-7B)

Summary

Brookhaven Property Maintenance Code § 49-6 bans planting or installing running bamboo, listing eight prohibited genera by name, and requires owners of any existing bamboo, running or clumping, to confine it so it cannot spread onto neighboring property.

No owner or occupant of property or person, corporation or other entity shall plant, install, or cause or permit the planting or installation of plant species upon any property, including one-family and two-family residences, located within the Town of Brookhaven, commonly considered to be classified as "running bamboo," hereinafter defined as any tropical or semi-tropical grasses with monopodial (leptomorph) rhizome (root) systems, including, but not limited, to the following plant genera: Arundinaria, Chimonobambusa, Phyllostachys, Pleioblastus, Pseudosasa, Sasa, Sasaella, and Semiarundinaria.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).

Full Breakdown

Section 49-6A bars any owner, occupant, person, corporation or other entity from planting or installing "running bamboo" on any property, including one- and two-family residences, defining it as tropical or semi-tropical grasses with monopodial (leptomorph) rhizome systems and naming eight genera: Arundinaria, Chimonobambusa, Phyllostachys, Pleioblastus, Pseudosasa, Sasa, Sasaella, and Semiarundinaria. Subsection B goes further and covers bamboo already on a property, running or clumping alike (adding Bambusa, Dendrocalamus and Fargesia to the named genera), imposing a duty on the owner or occupant to confine it so it cannot encroach, spread, invade or intrude onto another property or right-of-way. If the Town finds a violation, § 49-6C requires written notice, personal or certified mail, giving at least 15 days to comply. Section 49-6D creates a rebuttable presumption: any bamboo found to have encroached onto another property or right-of-way is presumed to be "running bamboo" for enforcement purposes, shifting the burden to the property owner to show otherwise.

Violations & Fines

A violation of § 49-6 is punished under § 49-7B by a fine of $500 to $2,000 on a first conviction and $1,000 to $3,000 on a second or subsequent conviction, prosecuted as a misdemeanor, with each week of continued violation treated as a separate additional violation.

Frequently Asked Questions

Can I plant bamboo in the Town of Brookhaven?
Not running bamboo. Section 49-6A bans planting or installing running bamboo species, listing genera including Phyllostachys and Pseudosasa, on any property in the Town, including one- and two-family residences.
What if my neighbor already has bamboo?
Section 49-6B requires whoever owns or occupies property with bamboo, running or clumping, to confine it so it does not encroach, spread or intrude onto another property or right-of-way, regardless of when it was planted.
How much notice does Brookhaven give before enforcing the bamboo law?
Section 49-6C requires the Town to serve written notice, in person or by certified mail, giving the owner or occupant at least 15 days to bring the property into compliance before further enforcement.

Sources & Official References

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