James City County, VA Invasive Plant Rules: Prohibited Species (2026)
Key Facts
- Governing section
- James City County Code Sec. 23-3
- Definition source
- Virginia Invasive Plant Species List
- Named examples
- Johnson grass, kudzu, multiflora rose
- Removal rule
- Manager approval required in CBPA buffer, Sec. 23-7
- Replacement duty
- Removed weeds replaced with filtering vegetation
- Civil penalty
- Up to $5,000 per day, Sec. 23-18
Summary
James City County's Chesapeake Bay Preservation Ordinance defines 'noxious weeds' by pointing to the state's own list, the Virginia Invasive Plant Species List, and names Johnson grass, kudzu and multiflora rose as examples. Inside the required 100-foot vegetated buffer along the county's streams and shorelines, the ordinance both allows removal of noxious weeds with the manager's approval and requires buffer plans to keep them from spreading.
Noxious weeds. A complete list is provided from the Department of Conservation and Recreation, Division of Natural Heritage publication entitled Virginia Invasive Plant Species List. As defined in Va. Code § 3.2-800, any living plant, or part thereof, declared by the Board of Agriculture and Consumer Services through regulations to be detrimental to crops, surface waters, including lakes, or other desirable plants, livestock, land, or other property, or to be injurious to public health, the environment, or the economy, except when in-state production of such living plant, or part thereof, is commercially viable or such living plant is commercially propagated in Virginia. Including, but not limited to plants such as Johnson grass, kudzu, and multiflora rose. ... On agricultural lands, the agricultural buffer area shall be managed to prevent concentrated flows of surface water from breaching the buffer area and appropriate measures may be taken to prevent noxious weeds from invading the buffer area.
Full Breakdown
Sec. 23-3 of the Chesapeake Bay Preservation Ordinance defines 'noxious weeds' by reference to the Virginia Department of Conservation and Recreation's Virginia Invasive Plant Species List and to the state definition in Va. Code Sec. 2-800, and it names Johnson grass, kudzu and multiflora rose as examples the definition reaches. That definition does real work inside the ordinance's 100-foot vegetated buffer requirement along the county's tidal shores, wetlands and perennial streams. Sec. 23-7(c)(1)d lets a property owner remove noxious weeds from that buffer with the manager's approval, and the manager may require a professional forester or arborist's recommendation first; whatever is removed has to be replaced with other vegetation that filters runoff and controls erosion just as effectively.
For agricultural land inside the buffer, Sec. 23-7(c)(3)a requires the buffer area to be managed so surface water doesn't breach it, and it directs that appropriate measures be taken to keep noxious weeds from invading the buffer in the first place, tying the invasive-species rule to the county's broader water-quality performance standards in Sec. 23-9. None of this creates a countywide prohibition on growing kudzu or Johnson grass on ordinary upland lawn; the operative duty is buffer-specific, aimed at keeping the vegetated strip that filters stormwater before it reaches the Chesapeake Bay functioning as intended.
A landowner who disturbs the buffer while removing weeds without the manager's sign-off, or who fails to replant after removal, is treated the same as any other unauthorized buffer disturbance under the ordinance.
Violations & Fines
Removing noxious weeds from the CBPA buffer without the manager's approval, or removing them without replacing the vegetation as required, is treated as a buffer violation under Chapter 23 and exposes the landowner to the civil penalties in Sec. 23-18: up to $5,000 per day assessed by the circuit court, or a one-time civil charge of up to $10,000 per violation, plus a manager-issued stop-work order.
Frequently Asked Questions
Does James City County ban kudzu and Johnson grass?
Can I remove invasive weeds from my property's stream buffer myself?
What list does the county use to define a noxious weed?
Sources & Official References
Other rules in James City County
Compare James City County to another location·View the Virginia invasive plant rules overview
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