West New York, NJ Invasive Plant Rules: Bamboo Restrictions (2026)

Chapter 126 of the Code of the Town of West New York was adopted by the Board of Commissioners on March 3, 2021 by Ordinance No. 4/21. Section 126-1 states its purpose: to control the planting, cultivating or growing of any evergreen perennial flowering plant in the subfamily Bambusoideae of the grass family Poaceae, commonly called bamboo, and to require barriers that stop existing bamboo from spreading into other areas of the Town.

Section 126-2 prohibits property owners and anyone in possession or control of real property from planting, cultivating or causing bamboo to grow on any lot or parcel. Two exceptions are printed. Under Subsection A, the root system must be entirely contained within an above-ground-level planter, barrel or other vessel of a design, material and location that entirely prevents the roots from spreading beyond the container. Under Subsection B, all bamboo plants must be located, trimmed and maintained so that no part of the plant is closer than 10 feet to any property line or right-of-way.

Section 126-3 exempts landowners who planted bamboo before the chapter took effect, unless the Code Enforcement Officer determines that bamboo has grown upon, extended roots across, or extended branches, stalks or leaves over any public way or any private property the landowner or tenant does not own or possess. A complaint from a neighbor about encroaching roots triggers the enforcement process.

Section 126-4 requires the Town, through its delegated official, to send a notice of violation by certified mail, return receipt requested, and also by first-class mail. The notice must specify the violation, state that it must be cured within 30 days from the date of the received or returned mailing, and state specifically what the responsible party must do. Under Section 126-5(B), if the violation is not remedied in that time, the Town is authorized, but not obligated, to remove the encroaching bamboo and eradicate regrowth on public rights-of-way, including sidewalks, and under Section 126-5(C) it can recover its costs, civil penalties and legal fees from the responsible party.