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New York, NY Invasive Plant Rules: Prohibited Species (2026)

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

Key Facts

Manual revision deadline
November 1, 2013
Compliance start date
May 1, 2014
Invasive-species determination sources
NYS DEC or the department itself
Noxious-weed determination source
NYS Dept. of Agriculture and Markets
Native-species guide update cycle
At least every 5 years
Exemption
Botanic gardens, collection/education plantings

Summary

NYC's parks department cannot plant a species that New York State has flagged as invasive or noxious. Administrative Code § 18-141 requires the department's design manual to favor native, drought- and salt-tolerant plants and to bar any species the state Department of Environmental Conservation or Department of Agriculture and Markets has listed as invasive or a noxious weed.

By November 1, 2013, the department shall revise its design manual to increase biodiversity in its landscape practices. Such practices shall maximize the use of native plantings and drought and salt tolerant plantings, as appropriate, and minimize the presence of exotic monocultures on all city-owned property, including green streets, medians, sidewalks, parks and other areas where plantings occur. Where native plant species are not appropriate, such practices shall require the use of any plant species that has not been determined to be an invasive plant species by the New York state department of environmental conservation or by the department, or determined to be a noxious weed by the New York state department of agriculture and markets. ... Botanic gardens and public institutions who possess plants for educational, scientific, historic or collection purposes and take precautions to prevent non-native species from going to seed or spreading beyond the existing planting shall be exempt from the requirements of this section.

Source: NYSDEC Invasive Species RegulationsView official code

Full Breakdown

" Where a native species will not work for a site, the manual can only authorize a plant that has not been determined to be an invasive plant species by the state DEC or the department itself, and that has not been determined a noxious weed by the state Department of Agriculture and Markets, effectively importing the state's invasive and noxious-weed determinations into city planting practice. The statute defines "native species," for its purposes only, as a species that, other than through human introduction, historically occurred or currently occurs in a particular ecosystem.

The manual must include a native-species planting guide updated at least every five years and a list of native alternatives for commonly used non-native species, and it has to be posted on the department's website for use by property owners and professional land managers, not just city crews. All department plantings after May 1, 2014 must conform to the manual. From 2015 through 2019 the department was required to report annually to the mayor and city council on the number and location of native plantings and its progress diversifying species citywide.

Botanic gardens and public institutions holding plants for educational, scientific, historic or collection purposes are exempt if they take precautions to keep non-native specimens from going to seed or spreading beyond the planting.

Violations & Fines

Section 18-141 carries no fine or misdemeanor penalty of its own; it is a design-standard mandate on the department, not a prohibition enforced against private planters. The accountability mechanisms are procedural: the manual and any update must be posted online, all department plantings after May 1, 2014 had to conform to it, and the department had to file a public progress report with the mayor and council every year from 2015 to 2019 documenting native-species plantings citywide.

Frequently Asked Questions

Does NYC ban homeowners from planting invasive species?
No. Administrative Code § 18-141 only binds the parks department's own design manual and plantings on city-owned property such as parks, medians and sidewalks; it does not create a private-property planting ban, though the state DEC and Agriculture and Markets invasive/noxious-weed lists it relies on apply more broadly under state law.
How does the city decide which plants count as invasive?
The manual can't use a species the New York State Department of Environmental Conservation or the parks department has determined to be invasive, or one the state Department of Agriculture and Markets has determined to be a noxious weed, so the city defers to those state determinations rather than keeping its own separate banned list.
Is anyone exempt from the native-planting requirement?
Yes. Botanic gardens and public institutions that hold plants for educational, scientific, historic or collection purposes are exempt under § 18-141(d), provided they take precautions to stop non-native specimens from going to seed or spreading past the existing planting.

Sources & Official References

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