Bill > A540

Introduced Session

This bill would establish requirements for the sale and planting of running bamboo. Running bamboo is defined in the bill as any bamboo in the genus Phyllostachys, including Phyllostachys aureosulcata. Specifically, under the bill, only a certified nurseryman could sell running bamboo in the State. In addition, only licensed landscape architects, registered home improvement contractors, and their employees and contractors could plant running bamboo. Any person who sells or plants running bamboo without the proper qualification would be subject to a $100 fine. Each day during which the violation continues would constitute a separate offense. Additionally, the bill provides that a licensed landscape architect or registered home improvement contractor who plants running bamboo may not plant it on any property within 100 feet of the property boundary line or a public right-of-way unless certain measures are taken to contain the running bamboo. A licensed landscape architect or registered home improvement contractor who fails to comply with these requirements would be issued a warning for the first offense, and subject to a $100 fine for a second or subsequent offense. A person who owns property on which running bamboo is planted pursuant to the bill, or a subsequent purchaser of the property or person who takes possession of the property pursuant to a foreclosure, would be responsible for maintaining the running bamboo in compliance with the bill. A person who fails to properly maintain the bamboo would be liable for any damages caused to any adjacent property by the running bamboo. However, if the spread of running bamboo onto an adjacent property is the result of improper planting of the running bamboo by a licensed landscape architect or registered home improvement contractor, the person who owns the property on which the bamboo was planted by seek indemnification from the licensed landscape architect or registered home improvement contractor. Finally, the bill would require the Director of the Division of Consumer Affairs in the Department of Law and Public Safety to require the property condition statement obtained from the seller to include the following question: "Are you aware of the presence of any bamboo or running bamboo (Phyllostachys aureosulcata or other bamboo in the genus Phyllostachys) on this property at any time in the past five years? If yes, describe the location of the running bamboo, and any action taken to remove or contain the running bamboo, it known." Running bamboo has become increasingly popular as a natural barrier and privacy screen around homes. However, if not properly contained, the hardy plant spreads aggressively and can cause damage to concrete sidewalks, home foundations, and other structures. Running bamboo is particularly problematic when it spreads from one property to another, and causes damage to the neighboring property. This can impose significant costs on the neighboring property owner. Several New Jersey municipalities have already adopted ordinances controlling running bamboo. This bill would establish uniform requirements for the planting and selling of running bamboo across the State.

AI Summary

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Vincent Mazzeo (D)*, 

Introduced, Referred to Assembly Agriculture and Natural Resources Committee (on 01/09/2018)