New York State Assemblyman Fred W. Thiele, Jr. (I, D, WF-Sag Harbor) has introduced legislation in the New York State Assembly which would regulate “running bamboo.” The legislation is modeled after legislation enacted in the State of Connecticut that took effect on October 1, 2013.

Under the proposed legislation, "running bamboo" is defined to mean any bamboo in the genus phyllostachys, including phyllostachys aureosulcata. “Running bamboo” is a type of bamboo that threatens New York's environment by out-competing native species, diminishing biologic diversity, and changing ecosystems composition. “Running bamboo”, and its complex root system, is an extremely fast growing plant which can spread horizontally beyond property lines and cause significant physical, biologic, and ecologic damage to abutting properties.

The legislation provides that no person who plants running bamboo or who allows running bamboo to be planted on his or her property shall permit such bamboo to grow beyond the boundaries of his or her property on or after October 1, 2014. Any person who violates the provisions of the law shall be liable for any damages caused to any neighboring property by such bamboo, including, but not limited to, the cost of removal of any running bamboo that grew beyond the boundaries of his or her property.

Further, after October 1, 2014, no person shall plant running bamboo or allow running bamboo to be planted on his or her property at a location that is one hundred feet or less from any abutting property or public right-of-way unless such planting is contained by a properly constructed and maintained barrier system or such running bamboo is planted above ground in a container or planter such that the running bamboo does not come in contact with the surrounding soil. Violators of the law would be subject to penalties under the State Environmental Conservation Law.

The legislation also requires retail sellers or installers of running bamboo to provide customers who purchase running bamboo with a statement that discloses that running bamboo is a fast growing plant that may spread if not properly contained and a plain language summary of the law. Such statement shall also provide recommendations, based on best available information, on how to properly contain running bamboo. Any retail seller or installer of running bamboo who violates the notice requirement may be fined one hundred dollars for each violation.

The legislation would supersede all local legislation relating to “running bamboo.”

Thiele stated, “Running bamboo has become a significant problem in communities where it has become prevalent, resulting in damage and neighbor disputes. Connecticut has taken a uniform approach to addressing these issues. In New York, many local governments have attempted to regulate bamboo, resulting in a patchwork quilt of different laws that hinder proper management. Invasive species regulation is best approached from a statewide perspective. This legislation would provide such management.”