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

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
County Code § 7-9
Prohibited act
Import or transport of live multiflora rose
Mandatory duty
Prevent seed set on owned multiflora rose
Penalty
Class 3 misdemeanor
Oversight body
County multiflora rose control committee
Related weed rule
Musk and curled thistle nuisance, § 7-7

Summary

Montgomery County treats multiflora rose as a controlled invasive species under Code Sec. 7-9: no one may knowingly let it set seed on their land, and no one may import it into the county or transport it in any form capable of growth. A landowner who refuses to comply is guilty of a class 3 misdemeanor.

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

No person shall knowingly allow multiflora rose to set seed on any land in the county and it shall be the duty of each landowner to mow, fallow, treat with herbicides, or use such other practices as may be approved by the board of supervisors as effective in preventing seed set on all multiflora rose on the property, provided that a landowner or lessee may follow the most current recommendation of the Virginia Polytechnic Institute and state university cooperative extension service or the multiflora rose committee or its designee for the control and eradication of multiflora rose. No person shall import multiflora rose into this county or transport multiflora rose within this county in any form capable of growth or knowingly contaminate any uninfected land with multiflora rose through the movement of root stocks, plant parts, seed, soil, mulch, nursery stock, farm machinery, or other media. ... Any person who fails or refuses to comply with this section shall be deemed guilty of a class 3 misdemeanor.

Full Breakdown

Sec. 7-9 establishes a multiflora rose control committee that serves at the pleasure of the Board of Supervisors and administers the county's control program through an agreement with the state department of agriculture and consumer services. The committee surveys infestations, provides technical assistance to landowners, and may run spraying or other control practices on road rights-of-way, drainage ditch banks, parks, playgrounds, utility rights-of-way and other public or private land. Every landowner has a duty to mow, fallow, treat with herbicides, or use another board-approved practice to prevent multiflora rose on the property from setting seed, though a landowner or lessee may instead follow the current recommendation of the Virginia Tech cooperative extension service or the committee.

Separately, the section bars importing multiflora rose into the county or transporting it anywhere within the county in any form capable of growth, and bars knowingly contaminating uninfected land through the movement of root stock, plant parts, seed, soil, mulch, nursery stock or farm machinery. The Board of Supervisors may accept gifts or grants for the program, and control work performed for a landowner may be billed and collected, with proceeds kept in a dedicated fund that never reverts to the general fund. Failing or refusing to comply is a class 3 misdemeanor.

A related section, Sec. 7-7, separately declares musk thistle and curled thistle a public nuisance and noxious weed under the state's eradication statute, showing the county's noxious-weed authority reaches other invasive species too.

Violations & Fines

Knowingly letting multiflora rose set seed on your land, importing it into the county, or transporting it anywhere in the county in a form capable of growth is a violation of Sec. 7-9. Anyone who fails or refuses to comply is guilty of a class 3 misdemeanor, and the county can also bill a landowner for control work performed on the property.

Frequently Asked Questions

Is multiflora rose illegal to have in Montgomery County?
You can't bring it into the county or move it within the county in any form capable of growth, and Sec. 7-9 requires you to stop it from setting seed on land you own, by mowing, fallowing, herbicide treatment or another board-approved method. Refusing to comply is a class 3 misdemeanor.
What is the multiflora rose control committee?
It's a body the Board of Supervisors established under Sec. 7-9 to run the county's control program under an agreement with the state department of agriculture and consumer services. It surveys infestations, gives landowners technical help, and may spray or otherwise treat rights-of-way, parks, drainage ditches and other public or private land.
Are other invasive weeds regulated the same way?
Musk thistle and curled thistle are declared a public nuisance and noxious weed under Sec. 7-7, pursuant to the state's eradication statute, but that section doesn't carry the same import/transport ban or committee-run program that Sec. 7-9 sets up specifically for multiflora rose.

Sources & Official References

Other rules in Montgomery County

All Montgomery County rules

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