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Suffolk County, NY Invasive Plant Rules: Prohibited Species (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Citation
Suffolk County Code § 446-11
First/second offense
$1,000 fine
Third+ offense
misdemeanor, up to 30 days jail
List updates
Advisory Board reviews annually
Waivers
for bona fide research or education

Summary

Suffolk County prohibits selling, transporting, distributing or propagating any plant on the county's "Do Not Sell" invasive species list to anyone in or purchasing from the county, enforced through penalties set by the Legislature.

These county ordinances apply to unincorporated areas of Suffolk County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

No person shall knowingly sell, transport, distribute, propagate or knowingly cause to be sold, transported, distributed or propagated to any person located within the County of Suffolk, or to any person making the purchase from within the County of Suffolk, any invasive species as listed on Exhibit I, Do No Sell List, as said exhibit may be amended by law from time to time, with the advice of the Water and Land Invasives Advisory Board.[1] [1] Editor's Note: Exhibit I is included as an attachment to this chapter.

B. This prohibition shall not apply to any invasive species that is exempted by New York State as a cultivar that is sterile or lacks reproductive parts, pursuant to 6 NYCRR 575.8.

Full Breakdown

Suffolk County Code § 446-11 bans knowingly selling, transporting, distributing or propagating any species on the county's "Do Not Sell" invasive plant list, Exhibit I to Chapter 446, to anyone located in Suffolk County, or to anyone buying from within the county. The Legislature-appointed Water and Land Invasives Advisory Board reviews and updates the list at least annually. The ban doesn't reach cultivars New York State has certified sterile or without reproductive parts under 6 NYCRR 575.8, and researchers or educators can get a written waiver from the Department of Environment and Energy.

Violations & Fines

§ 446-15: a first or second violation of the sale ban draws a $1,000 fine; a third or later offense is an unclassified misdemeanor carrying a $2,000 fine and up to 30 days in jail.

Frequently Asked Questions

Which plants are banned for sale in Suffolk County?
Species on the county's "Do Not Sell" list, maintained as Exhibit I to Chapter 446 and updated at least yearly by the Water and Land Invasives Advisory Board, not a fixed list printed in the statute itself.
Can I still sell a sterile cultivar of a listed species?
Yes: cultivars New York State certifies as effectively 100% sterile under 6 NYCRR 575.8, or that the Advisory Board specifically exempts, fall outside the § 446-11 ban.
Does this apply to invasive plants I already have growing?
The ban covers selling, transporting, distributing and propagating the listed species, not simply owning or growing existing plants already on your property.

Sources & Official References

Other rules in Suffolk County

All Suffolk County rules

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