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Washington, DC Invasive Plant Rules: Prohibited Species (2026)

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

Key Facts

Enforcing agency
Mayor / DOEE, via listed rules
Core prohibition
Sell, plant, spread listed invasive plant
Cat exemption
Felis catus never listed as nuisance species
Dead-material exception
Dead, non-reproducing plants exempt
Research permit
Mayor may permit safeguarded research use
Penalty basis
Civil fines plus eradication cost reimbursement

Summary

D.C. law bars anyone from knowingly importing, selling, planting, or spreading a plant the Mayor has listed as invasive. The Department of Energy and Environment enforces it with civil fines and mandatory cost reimbursement for eradication.

Except as provided in § 8-1731.07, no person shall knowingly import, transport, offer for sale, sell, purchase, give, receive, plant, spread, or introduce into the District or District waters any invasive plant listed pursuant to subsection (a) of this section.

Source: DC Municipal Regulations (DCMR) — Title 20, EnvironmentView official code

Full Breakdown

C. 04(a), the Mayor lists invasive plants and nonindigenous nuisance species by rule under Title 2, Chapter 5, with one carve-out: the domestic cat (Felis catus) can never be listed as a nonindigenous nuisance species. 07. The companion subsection (c) applies the same prohibitions to animals belonging to a listed nonindigenous nuisance species. 04(d) carves out three exceptions: a listed plant that is dead and no longer capable of growth or reproduction, a listed animal that is dead or no longer able to reproduce, and a listed animal that is domesticated.

07 to import, possess, or plant a listed species if they show adequate safeguards against release or escape; that permit can be modified, suspended, revoked, or denied for noncompliance, and a denied or revoked applicant may appeal to the Office of Administrative Hearings. 05, which lets the Mayor inspect property with the owner's consent to verify compliance, applying for a Superior Court search warrant if access is denied. 06 authorizes civil infraction penalties, fines, and fees under Title 2, Chapter 18, plus reimbursement of the District's investigation, control, and eradication costs, and lets the Attorney General sue in Superior Court for damages, cost recovery, attorney and expert witness fees, and injunctive relief.

Violations & Fines

Knowingly selling, planting, transporting, or introducing a Mayor-listed invasive plant into the District triggers a civil infraction fine under D.C. Code § 8-1731.06(a), assessed under the Title 2, Chapter 18 civil fines schedule. The violator also owes the District's costs of investigating, controlling, and eradicating the plant under § 8-1731.06(b). The Attorney General can additionally sue in Superior Court for damages, cost recovery, attorney and expert witness fees, and an injunction ordering removal under § 8-1731.06(c).

Frequently Asked Questions

Can I still sell a plant on D.C.'s invasive list if it's cut and dead?
Yes. D.C. Code § 8-1731.04(d)(1) exempts an invasive plant that is dead and no longer capable of growth and reproduction from the import, sale, and planting ban, so cut flowers or dead cuttings of a listed species are not violations.
Who decides which plants count as invasive in D.C.?
The Mayor lists invasive plants and nonindigenous nuisance species by rule under D.C. Code § 8-1731.04(a), issued through the Title 2, Chapter 5 rulemaking process, with the domestic cat permanently excluded from ever being listed.
What happens if I plant a listed invasive species in my D.C. yard?
You can be assessed a civil infraction fine under D.C. Code § 8-1731.06(a) and be required to reimburse the District's costs of investigating, controlling, and eradicating the plant under § 8-1731.06(b), and the Attorney General can sue for injunctive relief.

Sources & Official References

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