Connecticut DEP Prohibits Running Bamboo

Connecticut Law Creates Liability for Growing Running Bamboo

Do you have bamboo growing on your property? Is there bamboo growing on a property you are looking to purchase?

A new Connecticut law, Public Act 14-100, prohibits owners of real property from growing “running bamboo” (i.e., bamboo in the genus Phyllostachys, including yellow-groove bamboo) within 40 feet of adjacent property or a public right of way.  The new bamboo law came into effect on June 6, 2014 and created two forms of liability for property owners growing running bamboo.

The first liability makes the property owners subject to a $100 fine per occurrence with each day of a continuing violation as a separate occurrence. Either The Department of Energy and Environmental Protection, any duly authorized municipal constable, municipal tree warden, zoning enforcement officer, or inland wetlands and watercourses enforcement officer may enforce the 40-foot buffer zone.

Secondly, the law creates a civil liability for running bamboo that grows beyond a person’s property boundaries by considering it a nuisance. Therefore, any person who violates the statute is liable for any damages caused to any neighboring property.

Further, businesses who deal in bamboo must also become aware of this law. Retailers of running bamboo must provide a warning to potential consumers that discloses that running bamboo is a fast growing plant that may spread if not properly contained, and must provide recommendations on how to properly contain running bamboo.

This law creates considerations that must be addressed by current or potential property owners. Owning or buying property with running bamboo can potentially cost the property owner a lot of money. An experienced real estate attorney can help their clients avoid such pitfalls of owning property.

Download the complete act below: