Virginia Statewide Rule

Virginia Weed Abatement and Noxious Weed Law

Some RestrictionsApplies statewide across Virginia (2026)

Virginia authorizes localities to abate weeds and declares specified noxious weeds under state agricultural law, balancing local enforcement with statewide pest control.

Key Facts

Local authority: Va. Code § 15.2-901
State noxious list: Va. Code § 3.2-802
Enforcement: Local plus VDACS
Lien remedy: Available statewide

Source: Virginia Legislative Information System

Full Breakdown

Va. Code § 15.2-901 enables localities to compel removal of weeds and foreign growth and to perform abatement at owner expense. Separately, Va. Code § 3.2-800 et seq. (the Noxious Weeds Law) lets the Commissioner of Agriculture designate state-listed noxious weeds (such as Johnsongrass) which owners must control regardless of local ordinance. State law preempts on noxious-weed designation but allows local enforcement of broader nuisance vegetation.

Violations & Penalties

Locality may recover abatement costs by lien. Noxious weed violations can carry state agricultural penalties up to $250.

Frequently Asked Questions

Who decides what counts as a noxious weed in Virginia?

The Commissioner of Agriculture designates noxious weeds under Va. Code § 3.2-802. Local ordinances cannot override this list and must respect state designations.

Can a Virginia city ban native wildflowers as weeds?

Localities may regulate uncultivated growth, but enforcement against intentionally maintained landscapes faces challenges. Many cities exempt managed natural landscaping from weed ordinances.

Sources

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Full Breakdown

Frequently Asked Questions

Who decides what counts as a noxious weed in Virginia?

The Commissioner of Agriculture designates noxious weeds under Va. Code § 3.2-802. Local ordinances cannot override this list and must respect state designations.

Can a Virginia city ban native wildflowers as weeds?

Localities may regulate uncultivated growth, but enforcement against intentionally maintained landscapes faces challenges. Many cities exempt managed natural landscaping from weed ordinances.