New Castle County, DE Invasive Plant Rules: Prohibited Species (2026)
Key Facts
- Banned genera
- Phyllostachys, Pseudosasa, Bambusa (running bamboo)
- Containment option
- Above-ground planter, fully enclosed
- In-ground option
- 50+ feet from any property line
- Grandfather rule
- Pre-2017 bamboo needs code-official waiver
- Civil penalty
- Up to $100 per day
Summary
New Castle County outlaws running bamboo (Phyllostachys, Pseudosasa, Bambusa) on any parcel unless fully contained in an above-ground planter or planted at least 50 feet from the property line, with a narrow waiver for bamboo planted before 2017.
302.4.12 Bamboo from the genera Phyllostachys, Pseudosasa, and Bambusa shall not be permitted on any parcel except as provided below. 302.4.12.1 Above-ground planters. The root system of the bamboo plant must be entirely contained within an above-ground level planter... 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
The county's Property Maintenance Code, Sec. 7.01.002 amending IPMC 302.4.12, bars running bamboo (Phyllostachys, Pseudosasa, Bambusa genera) on any parcel unless the roots stay inside an above-ground planter or the plant sits at least 50 feet from every property line; bamboo already growing before January 1, 2017 needs a code-official waiver plus an 80-mil rhizome barrier. The same section caps state-designated noxious weeds like Johnsongrass and Canadian thistle at 24 inches and bars seed production, and orders yearly mowing by September 30 where invasive plants from Chapter 40's Appendix 3 overrun a parcel. This covers unincorporated New Castle County and any municipality that opts into county code enforcement; Wilmington and Newark run their own city codes.
Violations & Fines
Code official issues a written notice; uncorrected violations after 10 days draw a civil penalty up to $100 per day, or court fines from $250 for a first conviction to $5,000 for repeat offenses.
Frequently Asked Questions
Is bamboo illegal in New Castle County?
Does this rule apply in Wilmington or Newark?
What other invasive plants does the county restrict?
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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