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

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

View official code

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?
Yes. Town Code § 128-61A(3) and B(3) make it unlawful to plant, grow or maintain bamboo of the genera Bambusa, Dendrocalamus or any related genera on improved or vacant property anywhere in the unincorporated Town.
Does the ban cover bamboo that spread from my neighbor's yard?
Yes. The ordinance specifically covers bamboo 'whether originating on said property or encroaching thereon from any neighboring property,' so an owner is responsible even if the bamboo did not start on their own lot.
What happens if I do not remove bamboo after getting a notice?
Under § 128-63, you have five days from service of the notice of violation to remove it. If you do not, the Sanitation Department can enter and remove it, then bill the actual cost plus 6% annual interest as a lien on your property tax bill.
What is the penalty for keeping bamboo in violation of the code?
Section 128-65 sets a fine of up to $500, up to 15 days in jail, or both, and treats each day the bamboo remains as a separate additional offense, so the exposure compounds daily until it is removed.

Sources & Official References

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