Hempstead, NY Invasive Plant Rules: Bamboo Restrictions (2026)
Key Facts
- Rule
- no planting, growing or maintaining bamboo
- Covers
- Bambusa, Dendrocalamus, related genera
- Applies to
- improved and vacant lots
- Encroachment
- covers bamboo spreading from a neighbor
- Cure period
- 5 days after notice served
- Fine
- up to $500, up to 15 days jail
Summary
The Town of Hempstead outright prohibits planting, growing or maintaining bamboo on any improved or vacant lot, including bamboo that spreads in from a neighboring property. The ban covers the genera Bambusa and Dendrocalamus and any related tropical or semi-tropical grass.
(3) Planting, growing and/or maintaining of bamboo, whether originating on said property or encroaching thereon from any neighboring property. The term "bamboo" shall be defined as any tropical or semi-tropical grass of the genera Bambusa, Dendrocalamus or of any other related genera.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863878; v67 updated 2026-04-28; through 04-28-2026).
Full Breakdown
Town Code § 128-61A(3), added by Local Law No. 55-2012 effective July 25, 2012, makes it unlawful for any owner, agent or person in possession of improved real property to permit the planting, growing and/or maintaining of bamboo, whether it originated on that property or encroached onto it from a neighboring lot. ' Both subsections define bamboo the same way: 'any tropical or semi-tropical grass of the genera Bambusa, Dendrocalamus or of any other related genera,' so ornamental clumping varieties fall under the ban along with aggressive running bamboo.
Because the prohibition sits inside § 128-61, the same maintenance-of-premises article that governs weeds and rubbish, it uses the same enforcement machinery: the Sanitation Department can serve a notice of violation under § 128-62, the property owner gets five days to remove the bamboo under § 128-63, and if the owner fails to act, the Town can enter, remove it, and bill the cost plus 6% annual interest as a lien on the next tax bill. The Commissioner of the Department of Sanitation, under § 128-64, is responsible for enforcing the bamboo ban just as for the height and rubbish provisions in the same section.
Violations & Fines
A bamboo violation is punished the same as any other § 128-61 offense: under § 128-65, a fine of up to $500, imprisonment of up to 15 days, or both, with each day the bamboo remains counted as a separate additional offense. The Town can also remove the bamboo itself after the five-day cure period lapses and charge the removal cost, plus 6% yearly interest, to the owner's tax bill as a lien.
Frequently Asked Questions
Is bamboo illegal to grow in the Town of Hempstead?
Does the ban cover bamboo that spread from my neighbor's yard?
What happens if I do not remove bamboo after getting a notice?
What is the penalty for keeping bamboo in violation of the code?
Sources & Official References
Other rules in Hempstead
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