Virginia maintains a Department of Conservation and Recreation (DCR) invasive species list but does not broadly ban planting or require removal from private property. The 2024 Virginia nursery restriction law (HB 1167) prohibits retail sale of certain invasive plants starting January 2027. Herndon encourages native plantings but does not enforce invasive removal.
Invasive species management in Virginia is coordinated by the Department of Conservation and Recreation (DCR) and the Department of Agriculture and Consumer Services (VDACS). DCR maintains the Virginia Invasive Plant Species List, which identifies species such as English ivy, Bradford pear, Japanese stiltgrass, mile-a-minute vine, Japanese honeysuckle, and tree of heaven as ecologically harmful. Historically, these species have been legal to sell, plant, and maintain on private property in Virginia, reflecting the Commonwealth's property-rights and Dillon's Rule traditions.
In 2024 the General Assembly enacted HB 1167, which requires retail nurseries beginning January 1, 2027 to label certain invasive plants or remove them from sale entirely, focusing initially on Bradford pear and related Pyrus calleryana cultivars. This represents Virginia's first meaningful regulation of invasive plant commerce but does not require property owners to remove already-planted specimens. Separately, VA Code Β§3.2-802 authorizes the Commissioner of Agriculture to declare noxious weeds and compel treatment or destruction of certain listed species that pose a direct threat to agriculture, such as Johnson grass or kudzu in some contexts.
The Town of Herndon does not have a local ordinance requiring removal of invasive plants from private property. The town encourages use of native plantings through educational programming and, through its participation in the Fairfax County Park Authority and regional stewardship efforts, supports volunteer invasive removal on public lands. Herndon's Sugarland Run stream valley and park network are prime targets for volunteer invasive removal. Residents are strongly encouraged, but not legally required, to avoid planting invasives and to manage existing populations. HOAs may impose their own restrictions on plant selection. On federally protected lands and Resource Protection Areas, additional restoration rules may apply.
Contact your local code enforcement office for specific penalty information.
Herndon, VA
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Herndon, VA
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