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New Castle County, DE Invasive Plant Rules: Prohibited Species (2026)

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

Key Facts

Banned genera
Phyllostachys, Pseudosasa, Bambusa (running bamboo)
Containment option
Above-ground planter, fully enclosed
In-ground option
50+ feet from any property line
Grandfather rule
Pre-2017 bamboo needs code-official waiver
Civil penalty
Up to $100 per day

Summary

New Castle County outlaws running bamboo (Phyllostachys, Pseudosasa, Bambusa) on any parcel unless fully contained in an above-ground planter or planted at least 50 feet from the property line, with a narrow waiver for bamboo planted before 2017.

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

302.4.12 Bamboo from the genera Phyllostachys, Pseudosasa, and Bambusa shall not be permitted on any parcel except as provided below. 302.4.12.1 Above-ground planters. The root system of the bamboo plant must be entirely contained within an above-ground level planter... 302.4.12.2 In-ground bamboo. The bamboo must be located at least 50 feet from any property line.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5).

Full Breakdown

The county's Property Maintenance Code, Sec. 7.01.002 amending IPMC 302.4.12, bars running bamboo (Phyllostachys, Pseudosasa, Bambusa genera) on any parcel unless the roots stay inside an above-ground planter or the plant sits at least 50 feet from every property line; bamboo already growing before January 1, 2017 needs a code-official waiver plus an 80-mil rhizome barrier. The same section caps state-designated noxious weeds like Johnsongrass and Canadian thistle at 24 inches and bars seed production, and orders yearly mowing by September 30 where invasive plants from Chapter 40's Appendix 3 overrun a parcel. This covers unincorporated New Castle County and any municipality that opts into county code enforcement; Wilmington and Newark run their own city codes.

Violations & Fines

Code official issues a written notice; uncorrected violations after 10 days draw a civil penalty up to $100 per day, or court fines from $250 for a first conviction to $5,000 for repeat offenses.

Frequently Asked Questions

Is bamboo illegal in New Castle County?
Running bamboo (Phyllostachys, Pseudosasa, Bambusa) is banned on any parcel unless its roots stay in an above-ground planter or it's planted 50+ feet from every property line; bamboo from before 2017 needs a code-official waiver.
Does this rule apply in Wilmington or Newark?
No. Wilmington and Newark enforce their own city codes. New Castle County's Property Maintenance Code covers unincorporated areas and any municipality that opts into county code enforcement.
What other invasive plants does the county restrict?
State-designated noxious weeds like Johnsongrass and Canadian thistle can't exceed 24 inches or go to seed, and parcels overrun with invasive species from Chapter 40's plant list must be mowed by September 30 each year.

Sources & Official References

Other rules in New Castle County

All New Castle County rules

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