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Burien, WA Landscaping Rules: Weed Ordinances (2026)

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

Key Facts

Height limit
Nonnative herbaceous plants over 12 inches from the ground surface
Other targets
Noxious or toxic weeds, fire-hazard tall grass, trees in danger of falling
Exempt property
Burien-owned or maintained property, critical areas, stormwater facilities
Default penalty
$125.00 first violation; $250.00 second or continuing violation
Penalty waiver
Available if corrective action is done by the notice date
Response deadline
14 days from service of the notice of civil violation

Summary

In the City of Burien, Washington, Burien Municipal Code § 8.45.020(5)(c)(vii) makes noxious or toxic weeds, tall grass that can be a fire hazard, and nonnative herbaceous plants growing over 12 inches in height nuisances. Burien-owned property, critical areas and stormwater facilities are exempt. Chapter 1.15 BMC sets the penalties.

(vii) Vegetation. Any noxious or toxic weed or uncultivated plant, weeds or tall grass which may be a fire hazard, any nonnative herbaceous plants that have growth exceeding 12 inches in height from the ground surface, or any tree which is in danger of falling and creating a substantial risk of damage or injury. This definition and the related enforcement shall not apply to Burien-owned or maintained property, critical areas, or stormwater facilities;

Full Breakdown

The City of Burien regulates weeds and overgrowth through the vegetation clause of the nuisance definition, § 8.45.020(5)(c)(vii). The clause lists four targets. The first is any noxious or toxic weed or uncultivated plant. The second is weeds or tall grass that can be a fire hazard. The third is any nonnative herbaceous plant with growth exceeding 12 inches in height from the ground surface. The fourth is any tree in danger of falling and creating a substantial risk of damage or injury.

The 12-inch figure attaches to nonnative herbaceous plants, so it is not a blanket mowing height for every lawn or native plant. The clause is written for property in general and does not distinguish improved lots from unimproved ones. Its exemption is also printed: the definition and the related enforcement do not apply to Burien-owned or maintained property, critical areas, or stormwater facilities. The history line under § 8.45.020 shows amendments by Ord. 806 in 2022 and Ord. 767 in 2021.

A neighboring clause, § 8.45.020(5)(c)(vi), adds plant growth on sidewalks adjacent to any property to the list of right-of-way obstructions, so overhanging growth that blocks a walkway is a separate violation from the height limit.

Enforcement runs through Chapter 1.15 BMC. A code enforcement officer seeks voluntary correction first, then issues a notice of civil violation. The responsible person has 14 days from service to pay and correct, sign a voluntary correction agreement, request a mitigation hearing with a $100.00 filing fee, or contest before the Burien hearing examiner. A penalty can be waived if corrective action is completed by the date in the notice or agreement. If the vegetation stays, the city can abate it under § 1.15.210, bill the costs due 30 days after the bill, and certify unpaid amounts to the county treasurer for the tax rolls.

Violations & Fines

Vegetation violations carry the default Chapter 1.15 penalty of $125.00 for a first violation and $250.00 for a second or continuing violation, accruing for each day past the date set in the notice. The city can waive the penalty if the vegetation is cut by the correction date. Civil infractions are $125.00 and $250.00, a misdemeanor carries up to 90 days in jail and a $1,000 fine, and abatement costs are billed on top.

Frequently Asked Questions

How tall can grass and weeds get in the City of Burien?
The code prints a 12-inch limit for nonnative herbaceous plants, measured from the ground surface, in § 8.45.020(5)(c)(vii). Noxious or toxic weeds and uncultivated plants, weeds or tall grass that can be a fire hazard are nuisances regardless of that figure. The clause does not set a separate height for improved and unimproved lots.
Do native plants count under the 12-inch rule?
The 12-inch figure applies to nonnative herbaceous plants. Native plants are not named in that part of the clause, though noxious or toxic weeds, fire-hazard growth and trees in danger of falling are covered separately. Critical areas and stormwater facilities are exempt from the vegetation definition and its enforcement altogether.
Does the vegetation rule apply to city parks and stormwater ponds?
No. Section 8.45.020(5)(c)(vii) states that the definition and the related enforcement do not apply to Burien-owned or maintained property, critical areas, or stormwater facilities. Private property is not carved out, so an owner's overgrown lot stays inside the clause.
What happens after I get a notice about tall weeds?
You have 14 days from service to pay and correct, sign a voluntary correction agreement, ask for a mitigation hearing with a $100.00 filing fee, or request a contested hearing. The city can waive the penalty if you complete the correction by the date in the notice. Ignoring the notice means the violation is deemed committed.

Sources & Official References

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