Philadelphia, PA Invasive Plant Rules: Prohibited Species (2026)
Key Facts
- Governing section
- Phila. Code § 6-402(8)(a)
- Enforcing agency
- Dept. of Public Health
- Fine range
- $150 to $300 per violation
- Hearing request window
- 5 days from order
- Appeal deadline
- 30 days to Board of L&I Review
- Repeat violations
- Each day is a separate violation
Summary
Philadelphia's Health Code lets the Department of Public Health order removal of noxious plants such as ragweed or poison ivy once they grow on an uncultivated lot to the point of becoming a menace to public health. Under Code § 6-402(8)(a), the Department directs the owner or person in charge to correct the condition, and ignoring that order draws a $150 to $300 fine under § 6-103(1).
(8) Noxious Plants. (a) Whenever the Department finds any noxious plants such as ragweed or poison ivy growing on any uncultivated area to the extent that they are or may become a menace to public health, the Department may order the owner or person in charge thereof to correct or remove such condition. ... Section 6-502. Orders. (1) Except as otherwise provided and subject to the provisions of the Charter, whenever the Department determines that the Health Code or the regulations adopted under it require any action or forbearance from any action to be effected by order, it shall make an order requiring such action or forbearance. ... Section 6-103. Penalties and Cease Operations Orders. (1) In addition to any other sanction or remedial procedure provided, any person who shall violate any provision of this Title, any Regulation adopted under it, any order of the Department issued thereunder ... shall be subject to a fine of not less than one hundred fifty dollars ($150) and not more than three hundred dollars ($300).
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 Code: Electronic version of The Philadelphia Code and Home Rule Charter is current through August 19, 2026).
Full Breakdown
Philadelphia Code § 6-402(8)(a), in the Business, Professional and Community Controls chapter of the Health Code, authorizes the Department of Public Health to act whenever it finds noxious plants such as ragweed or poison ivy growing on any uncultivated area to the extent that they are or may become a menace to public health. The Department orders the owner or person in charge of the property to correct or remove the condition; the text sets no fixed removal deadline, leaving the compliance window to the order itself.
Under § 6-502, that order must ordinarily be in writing and served on the responsible person, except that the Department may issue an oral order in the first instance when it finds willfulness or a menace to public health requiring immediate corrective action. Anyone served with an order must comply within the reasonable period the Department specifies. Before appealing, a person aggrieved by the order may request a hearing before the Health Commissioner within 5 days of receiving it, per § 6-502(5); a formal appeal then runs to the Board of License and Inspection Review within 30 days under § 6-504(1).
Filing an appeal does not excuse compliance if the Department certifies in writing that immediate compliance is necessary to protect public health. Enforcement runs through the Health Code's general penalty section: § 6-103(1) sets a fine of not less than $150 and not more than $300 for violating any order the Department issues under Title 6, and § 6-103(2) lets the Board of Health raise that ceiling by regulation up to the Class III offense limits fixed in § 1-109(3). Section 6-103(3) treats continued noncompliance with the same order as a separate violation for each day it persists, so an uncorrected ragweed or poison ivy stand can generate multiple daily fines rather than one flat penalty.
Violations & Fines
Ignoring a § 6-402(8)(a) removal order draws a fine of $150 to $300 under § 6-103(1), with the Board of Health empowered to set a higher ceiling by regulation up to the Class III cap in § 1-109(3). Because § 6-103(3) treats each day of continued noncompliance as a separate violation, fines can multiply quickly on an uncorrected lot. Appeals go first to the Health Commissioner within 5 days, then to the Board of License and Inspection Review within 30 days of the order.
Frequently Asked Questions
What counts as a 'noxious plant' under Philadelphia's ordinance?
Who enforces this rule and how is an order issued?
What happens if the owner does not comply?
Can a property owner appeal the removal order?
Sources & Official References
Other rules in Philadelphia
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