New Castle County, DE Invasive Plant Rules: Bamboo Restrictions (2026)
Key Facts
- Governing code
- Property Maintenance Code § 302.4.12
- Banned genera
- Phyllostachys, Pseudosasa, Bambusa
- In-ground setback
- 50 feet from property line
- Existing-bamboo cutoff
- Must predate January 1, 2017
- First-offense fine
- $250 to $1,000
Summary
New Castle County prohibits planting Phyllostachys, Pseudosasa, and Bambusa bamboo unless it's contained in an above-ground planter or set back 50 feet from every property line, under the county's Property Maintenance Code.
302.4.12 Bamboo from the genera Phyllostachys, Pseudosasa, and Bambusa shall not be permitted on any parcel except as provided below. ... 302.4.12.2 In-ground bamboo. The bamboo must be located at least 50 feet from any property line.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5).
Full Breakdown
Under Property Maintenance Code § 302.4.12, adopted as an amendment to the 2024 International Property Maintenance Code, New Castle County bans planting Phyllostachys, Pseudosasa, and Bambusa bamboo on any parcel. The only ways to keep it legally: confine the roots entirely inside an above-ground planter, or plant in-ground at least 50 feet from every property line. Bamboo already growing before January 1, 2017 can stay only if the owner gets a code-official waiver backed by a survey and a buried rhizome barrier at least 30 inches deep. This code applies in unincorporated New Castle County and in any incorporated municipality that opts to have the county provide property maintenance enforcement. Wilmington and Newark run their own separate codes.
Violations & Fines
Violating the bamboo rules is a Property Maintenance Code violation: first conviction carries a $250-$1,000 fine, second $500-$2,500, and each day of the violation counts as a separate offense.
Frequently Asked Questions
Can I grow bamboo in New Castle County at all?
What if my bamboo was already there before the rule?
Does this rule apply inside Wilmington or Newark?
Sources & Official References
Other rules in New Castle County
Compare New Castle County to another location·View the Delaware invasive plant rules overview
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