A series of new laws hitting the books this summer seek to rein in invasive plant species in Virginia.
The measures make new opportunities for localities to collaborate on invasive control, set new requirements on the state Department of Transportation's management of plants on highways and close a loophole on how plants are prohibited from sale in the commonwealth.
Noxious weeds
Virginia has a short list of noxious weeds which are generally not allowed to be transported or sold in the state without a special permit. It includes 26 species, as opposed to the much longer invasive plant species list managed by the Department of Conservation and Recreation.
The list includes plants that are harmful to the environment, agriculture, property, the economy or people. Some, like the ever-sprouting tree of heaven, are extremely prevalent — others, like the blister-causing giant hogweed, haven't yet been found to spread beyond initial plantings in the commonwealth.
They are differentiated into three ascending tiers by their spread and likelihood of control. The giant hogweed sits in Tier 1, while the tree of heaven was a shoo-in for Tier 3 — there is no hope of eradicating this plant from the landscape at this point.
But some plants that might otherwise be on the list are not currently eligible.
"[If] somebody claims it's commercially viable, we can't add it to the list," Del. Holly Seibold (D–Fairfax) told VPM News. "So that was the loophole we wanted to tackle."
Think Bradford (or Callery) pears — a beautiful, non-native specimen that stuns just as much with its bursting springtime blooms as it does with its ubiquitous stink. These trees are popular for their looks. They're also known to outcompete native species, sometimes overtaking entire stands of forest. DCR gives them a "medium" invasiveness rating.
Under Seibold's HB109, signed into law by Gov. Abigail Spanberger in April, the commercial viability loophole will close. Instead, plants that are commercially available will have a phase-out if added to the list.
Nurseries will get two years to phase out grasses, forbs (such as the bull thistle) and vines, four years to phase out shrubs and seven years to phase out trees if they are added to the list.
The Department of Agriculture and Consumer Services, which oversees the noxious weeds list, is also required under the law to prepare a report on the process for adding plants to the noxious weeds list, which lawmakers will study for potential changes in future legislative sessions.
Plants that previously met the commercial viability criteria will still be reviewed by the Noxious Weeds Advisory Committee under existing criteria — "the degree to which the plant is detrimental to crops; surface waters, including lakes; other desirable plants; livestock; land or other property; public health; the environment; and the economy," according to state law.
Highway management and local authority
Highways are a major contributor to Virginia's invasives problem. The soil along roads is often not the best quality, making it a prime target for opportunistic species like the tree of heaven. Thousands of vehicles pass over roads each day, each of which may unwittingly be carrying a seed or piece of a plant that could take root.
Another bill signed by Spanberger in April will limit another factor — invasive plants being planted by VDOT.
State law currently bars highway officials from planting three species — devil shoestring, Johnson grass and barberry. Del. Amy Laufer's (D–Albemarle) bill expands that to the more than 100 plants on DCR's invasive species list.
The new law also orders VDOT to study the extent of invasives on roadsides and make a plan to begin removing or controlling them.
Another measure, sponsored by Del. Katrina Callsen (D–Charlottesville) and Sen. Saddam Salim (D–Fairfax), adds invasive species control to the list of authorities for service districts.
Service districts are multi-locality governmental organizations that can handle infrastructure work — they already have the power to engage in pest control.
These measures will all take effect July 1.
Another bill of Seibold's, this one passed in the 2025 session, will require nurseries to place signage on any plants they sell that are on the state's invasive species list starting on Jan. 1, 2027.
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