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Wayne, NJ Invasive Plant Rules: Prohibited Species (2026)

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

Key Facts

Section
Wayne Township Code § 99-52 (definition), § 99-53 (ban)
Listed species
Japanese knotweed, Tree of Heaven, all bamboo
New plantings
Strictly forbidden within the Township
Notice period
30 days to remove or abate
Minimum fine
$250 plus costs after failure to abate
Inspector
Code Enforcement Officer

Summary

Wayne Township bans new plantings of Japanese knotweed, Tree of Heaven and all types of bamboo. Dead or removed plants cannot be replaced, and a notice gives owners 30 days to remove or abate. After notice, the minimum fine is $250 plus costs.

As used in this article, the following terms shall have the meanings indicated: ... PROHIBITED PLANTS All vegetation known as Reynoutria japonica, Fallopia japonica, and/or Polygonum cuspidatum (commonly known as "Japanese knotweed"), Ailanthus altissima (commonly known as "Tree of Heaven"), and all types of Bamboo, Bambusa, Phyllostachys and Pseudosasa, as well as common bamboo, golden bamboo and arrow bamboo.

Full Breakdown

Article VII of Chapter 99 of the Wayne Township Code, added 11-6-2024 by Ord. No. 62-2024, defines Prohibited Plants in § 99-52. The list covers Reynoutria japonica, Fallopia japonica and Polygonum cuspidatum (Japanese knotweed), Ailanthus altissima (Tree of Heaven), and all types of Bamboo, Bambusa, Phyllostachys and Pseudosasa, including common bamboo, golden bamboo and arrow bamboo. The stated purpose in § 99-51 is to protect properties from the damaging spread of plants known to harm indigenous plants and wildlife, and to regulate bamboo used as a landscaping buffer on residential properties.

Section 99-53A is the planting ban. New plantings of any Prohibited Plant are strictly forbidden within the Township, an existing plant cannot be replanted or replaced after it has died or been removed, and anyone who plants or replants one after the effective date is in violation. Existing plants on residential property can stay under § 99-53B, but only inside a Buffer Zone limit of at least five feet from any street, road or public right-of-way and ten feet from any adjoining property, and only as a decorative hedge not above 6 feet.

The definition of Property Owner reaches tenants as well as owners, and it covers plants that spread onto the property from a neighbor. Under § 99-53C, when a Prohibited Plant is found planted in the ground in violation, a notice goes to the owner giving 30 days to remove or abate. The notice is sent by certified mail, return receipt requested, to the tax address on file, and a copy can also be posted on the property. Under § 99-54A all premises in Wayne Township are subject to inspection by the Code Enforcement Officer. Abatement can mean physical removal, poisoning in accordance with industry standards, or metal sheathing, all at the owner's expense.

Violations & Fines

Under § 99-54C, anyone who fails to abate after notice faces a minimum fine of $250 plus costs, once the property owner has been found guilty. The owner also bears the full cost of removal or abatement under §§ 99-53C and 99-54B. A container that fails to hold a Prohibited Plant is itself a violation, and planting or replanting after the effective date is a separate violation under § 99-53A.

Frequently Asked Questions

Which plants are banned in Wayne Township?
Section 99-52 lists Japanese knotweed (Reynoutria japonica, Fallopia japonica, Polygonum cuspidatum), Tree of Heaven (Ailanthus altissima), and all types of bamboo, including Bambusa, Phyllostachys, Pseudosasa, common bamboo, golden bamboo and arrow bamboo. New plantings of any of them are strictly forbidden in Wayne Township.
Can I keep a Tree of Heaven that was already growing on my lot?
Existing Prohibited Plants on residential property can remain under § 99-53B, but only if kept out of the Buffer Zone, maintained as a decorative hedge not above 6 feet, and kept out of the public right-of-way and vehicular sight lines. If it dies or is removed, § 99-53A bars replanting or replacing it.
What if knotweed spreads from my neighbor's yard?
The definition of Property Owner in § 99-52 includes any owner or tenant who has Prohibited Plants on the property even if they spread from an adjoining property. You can receive the same 30-day notice to remove or abate under § 99-53C, with the cost on you.
What does the Township do after it finds a violation?
The Code Enforcement Officer inspects, and § 99-53C requires a notice giving the property owner 30 days to remove or abate. The notice goes by certified mail, return receipt requested. If the owner then fails to abate, § 99-54C sets a minimum fine of $250 plus costs, and the owner pays the removal expense.

Sources & Official References

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