Why Are Burning Bushes Illegal in Some States?

The Burning Bush (Euonymus alatus) is a popular landscape shrub known for its distinctive, fiery-red autumn foliage. The perception that this common garden plant is “illegal” stems from its highly regulated status in many Eastern and Midwestern states. Due to its aggressive ecological behavior, state agencies have banned its sale, importation, and propagation. These regulations target the introduction of new plants to protect native ecosystems, though homeowners are generally not forced to remove existing shrubs.

The Ecological Definition of an Invasive Species

A species is classified as invasive if it is non-native to the local ecosystem and its introduction causes or is likely to cause economic or environmental harm. While many non-native species exist, most do not become invasive because they cannot survive outside of cultivation. Invasive plants possess traits that allow them to escape gardens and establish self-sustaining populations in natural areas.

Once established, these aggressive species disrupt the local environment. They outcompete native flora for resources like sunlight and water, which reduces biodiversity. This displacement destabilizes the food web, as local wildlife relies on native vegetation for food and habitat.

Specific Traits Driving Prolific Spread

The Burning Bush was introduced to North America from Northeast Asia around 1860 and became popular due to its hardiness and color. Its biological characteristics enable it to aggressively colonize natural areas. The plant produces small flowers that develop into numerous bright red capsules in the fall.

When the capsules split, they reveal seeds encased in a fleshy, orange-red coating called an aril. Birds are highly attracted to this aril, consuming the berries and depositing viable seeds far from the parent shrub. This effective, bird-mediated dispersal mechanism allows the plant to quickly spread into woodlands and fields.

The shrub is also highly tolerant of various growing conditions, including different soil types and significant shade. Once established, its dense, multi-stemmed growth suppresses the growth of native seedlings in the forest understory. This combination of prolific, bird-dispersed seed production and high resilience explains its invasive designation.

Regulatory Responses and State Bans

The classification of Euonymus alatus as invasive has prompted numerous states to institute formal prohibitions. State agriculture departments, such as those in Pennsylvania and Minnesota, have placed the shrub on controlled plant or noxious weed lists. This regulatory action causes the misconception that the plant is universally “illegal.”

The bans primarily target commercial trade, making it illegal for nurseries and landscapers to sell or intentionally introduce the species. Regulations typically do not mandate that homeowners remove existing Burning Bushes from private property. However, conservation groups encourage property owners to manage their plants by removing them or clipping off seed-bearing fruits before they mature.

Recommended Native Alternatives

Gardeners seeking vibrant autumn color without the ecological risk have several excellent native shrub alternatives. Choosing these native plants helps support local ecosystems by providing necessary food and habitat for native insects and birds.

  • The Highbush Blueberry (Vaccinium corymbosum) provides brilliant fall color, ranging from scarlet to deep crimson, along with spring flowers and edible summer fruit for both people and wildlife.
  • Chokeberry (Aronia spp.) offers glossy green foliage that turns a vivid red-purple in the fall, alongside clusters of dark berries.
  • Sweetspire (Itea virginica) is a deciduous shrub that features fragrant white flower spikes in the summer and a dramatic reddish-purple fall color.
  • Fothergilla (Fothergilla spp.) provides a riot of yellow, orange, and red hues in autumn, and its unique bottlebrush flowers support native pollinators in the spring.