Oyster Bay, NY Invasive Plant Rules: Bamboo Restrictions (2026)

Article VIII of the Housing Standards chapter, added in 2017 by Local Law No. 10-2017, targets running bamboo genera such as Phyllostachys by name in its definitions at Section 135-57 and flatly prohibits planting, replanting, transplanting, installing, reinstalling, discarding or dumping running bamboo anywhere in the Town under Section 135-59. Bamboo already growing when the law took effect can stay only if it meets Section 135-60's containment rules: the root and rhizome system must sit entirely inside an above-ground planter or barrel, or inside a permitted barrier built of 40-mil or heavier high-density polypropylene or polyethylene installed at least 30 inches deep with three inches protruding above grade, and in either case no part of the plant, including roots and rhizomes, may come closer than 10 feet to any property line.

Section 135-58 makes the mere presence of bamboo on a property presumptive evidence the owner consented to it, and Section 135-60B presumes any bamboo found encroaching onto a neighboring lot is running bamboo unless rebutted. When bamboo spreads onto an adjoining property, Section 135-60H requires the Town to notify the "bamboo owner" by mail under the Section 135-53 service procedure, and the owner then has 30 days to remove it at his own cost before the encroachment itself becomes a separate violation. Clumping bamboo is treated differently: it may be planted with a Department of Planning and Development permit under Section 135-60E, subject to the same 10-foot setback, though bamboo kept in a portable container is exempt from that permit requirement.