Fauquier County, VA Invasive Plant Rules: Bamboo Restrictions (2026)
Key Facts
- Regulated plant
- Running (monopodial) bamboo, e.g. Phyllostachys
- Buffer required
- 15 feet from right-of-way/roadway
- First-violation penalty
- Up to $50
- Repeat unrelated violation
- Up to $200
- 12-month cap
- $3,000 total
- Penalty type
- Civil, not criminal
Summary
Fauquier County's Article III bamboo ordinance makes a landowner responsible for keeping running bamboo, the spreading, monopodial type such as Phyllostachys, from crossing onto a neighbor's land or within 15 feet of a public right-of-way. An owner must install an effective barrier or trench, and civil penalties start at $50 per violation.
Running bamboo means any tropical or semi-tropical grass with a monopodial (leptomorph) rhizome (root) system characterized by aggressive spreading behavior, typically producing rhizomes far away from the plant. Running bamboo includes, but is not limited to, the plant genera Phyllostachys. ... a landowner on whose property running bamboo grows shall not allow the running bamboo to spread from his property to any adjoining property not owned by the landowner or within fifteen (15) feet of a public right-of-way or a public roadway. ... A landowner in violation of this article shall be subject to a civil penalty not to exceed fifty dollars ($50.00) for the first violation or violations arising from the same set of operative facts. ... The civil penalty for subsequent violations not arising from the same set of operative facts within twelve (12) months of the first violation shall not exceed two hundred dollars ($200.00). ... In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of three thousand dollars ($3,000.00) in a twelve-month period.
Full Breakdown
Sec. 18.5-18 states the county's finding that running bamboo is destructive to neighboring property and property values, and declares the county's intent to regulate its planting and growth. Sec. 18.5-19 defines 'running bamboo' as any tropical or semi-tropical grass with a monopodial (leptomorph) rhizome system that spreads aggressively, expressly including the genus Phyllostachys, and distinguishes it from non-spreading 'clumping bamboo'; bamboo found to have encroached onto another property is presumed running bamboo, though the presumption can be rebutted. Sec. 18.5-20(a) and (b) require a landowner whose property grows running bamboo to prevent it from spreading onto any adjoining property the landowner does not own, or within 15 feet of a public right-of-way or roadway, and to install an effective containment measure to that end.
Sec. 18.5-20(c) excuses a landowner whose property was invaded from a neighbor's bamboo, if they did not plant it, gave the neighbor written notice objecting to the spread, and took steps, including legal remedies, to remove it. Sec. 18.5-21 defines an 'appropriate containment measure' as any barrier or trench that is impenetrable to running bamboo and installed at sufficient depth to stop it from reaching adjoining land or the 15-foot right-of-way buffer. Sec. 18.5-22 sets the civil penalty ladder and bars double punishment for the same conduct under both this article and the weeds/nuisance section, Sec. 14-14.
Violations & Fines
Sec. 18.5-22 makes a violation a civil penalty, not a criminal charge: up to $50.00 for the first violation from one set of facts, up to $200.00 for a later, unrelated violation within 12 months, with each day the violation continues counted separately, capped at $3,000.00 total in any 12-month period. A violator cannot be penalized under both this article and Sec. 14-14 for the same facts.
Frequently Asked Questions
Am I responsible if my bamboo spreads onto my neighbor's land in Fauquier County?
What if bamboo spread onto my property from my neighbor's yard?
How much can I be fined for uncontained running bamboo?
Sources & Official References
Other rules in Fauquier County
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