Running bamboo, known for its rapid and aggressive spread, is not typically illegal to possess, but its cultivation is subject to strict local regulation. The plant’s invasive nature has prompted governments to enact specific ordinances governing how and where it can be planted. Failure to follow these rules often results in financial penalties and mandated remediation. Consequences for non-compliance extend into civil law, where property owners can be held financially responsible for any damage the bamboo causes.
Distinguishing Running Bamboo from Clumping Varieties
The distinction between bamboo types rests entirely on the plant’s underground structure, the rhizome. Running bamboo species, categorized as having monopodial or leptomorph rhizomes, produce long, slender underground stems that spread horizontally. These rhizomes can travel great distances beneath the soil, sending up new canes, or culms, far from the original planting site. This horizontal growth allows it to quickly colonize new territory.
Conversely, clumping bamboo species feature sympodial or pachymorph rhizomes, which are short, thick, and typically curve upward to produce a new culm immediately. This growth pattern means the new canes emerge in a tight, dense cluster adjacent to the existing plant. Because its spread is contained and slow, clumping bamboo is generally unregulated. Regulations are almost exclusively targeted at the aggressive, far-reaching underground network of the running variety, such as those in the Phyllostachys genus.
Mandatory Containment and Setback Requirements
Local jurisdictions often require specific preventative measures to manage running bamboo planting through municipal ordinances. These regulations frequently mandate the use of a root barrier, also known as a rhizome barrier, which must meet certain material and depth specifications. A common requirement is a non-degradable, high-density polyethylene barrier installed to a depth of at least 30 inches, with a slight lip left above ground level to prevent rhizomes from growing over the top.
Failure to install and maintain an approved containment system may lead to governmental fines and enforcement action. Many ordinances specify setback distances, requiring running bamboo to be planted a minimum distance (sometimes 40 or 100 feet) from a property line or public right-of-way unless a proper barrier is in place. If the bamboo owner fails to comply with a notice of violation, the local government can impose daily civil penalties, sometimes reaching $100 per day, until the issue is corrected or the bamboo is removed. These municipal fines are separate from any civil liability the owner may incur from a neighboring property owner.
Enforcement of these rules is often carried out by local officials, such as zoning enforcement officers or municipal constables. In some areas, the sale and installation of running bamboo also require the seller to educate the customer on the plant’s aggressive growth habits and the applicable containment laws. Ultimately, these rules place the burden of proof and the financial responsibility for containment squarely on the property owner who chooses to plant the running variety.
Civil Liability for Property Damage and Trespass
Even when a property owner complies with local ordinances, they can still face civil liability if their running bamboo spreads onto a neighboring parcel. This liability is typically pursued under the legal doctrines of private nuisance and trespass. Trespass occurs when the bamboo’s rhizomes or culms physically invade the adjacent property, even if the encroachment is entirely underground.
A private nuisance claim arises when the bamboo substantially interferes with the neighbor’s private use and enjoyment of their land. This often occurs when the aggressive rhizomes cause physical damage to structures, such as cracking concrete foundations, penetrating underground utility lines, or damaging patios and retaining walls. The bamboo owner can be held negligent if they knew the bamboo could spread and failed to take reasonable steps to prevent it.
The financial consequences for the bamboo owner include the full cost of professional removal on the neighbor’s property, which involves extensive excavation and disposal of the rhizome mass. The liable party is also responsible for the cost of repairing or replacing any damaged structures, such as driveways, pipes, or perimeter fencing. A court may also issue a permanent injunction, a legally binding order that mandates the bamboo owner remove the plant entirely from their property to prevent future encroachment.