Skip to main content
CityRuleLookup

James City County, VA Invasive Plant Rules: Prohibited Species (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

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

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?
Not on ordinary lawns. The county's noxious-weeds definition in Sec. 23-3 names Johnson grass, kudzu and multiflora rose, but the operative rule sits inside the Chesapeake Bay Preservation buffer: removal there needs the manager's approval, and whatever is removed must be replaced with vegetation that filters runoff just as well.
Can I remove invasive weeds from my property's stream buffer myself?
Only with the manager's approval under Sec. 23-7(c)(1)d, and the manager can require a forester or arborist's recommendation first. Removed weeds have to be replaced with vegetation that retards runoff and filters pollution at least as effectively as what was there.
What list does the county use to define a noxious weed?
Sec. 23-3 points to the Virginia Department of Conservation and Recreation's Virginia Invasive Plant Species List and the state definition in Va. Code Sec. 3.2-800, then gives Johnson grass, kudzu and multiflora rose as named examples within that definition.

Sources & Official References

Other rules in James City County

All James City County rules

Compare James City County to another location·View the Virginia invasive plant rules overview

Get notified when Prohibited Species in James City County, VA changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.