No, bamboo is not illegal to grow in Long Island, New York. However, several local municipalities have regulations regarding growing and removing bamboo due to its potential to spread rapidly and cause damage. Here are some key legal considerations around bamboo in Long Island:
- The Town of Brookhaven passed a law in 2020 requiring barriers to contain bamboo and prevent its uncontrolled spread onto neighboring properties or town land. Property owners with bamboo are responsible for installing and maintaining these barriers.
- The Town of Islip requires residents to obtain a permit to plant running bamboo. This helps track growth to prevent invasiveness. Residents are also required to control existing bamboo growth under this regulation.
- Other towns, villages, and counties have passed right-to-farm laws which may protect homeowners from bamboo nuisance lawsuits in certain cases when bamboo spreads to adjacent land. However, negligence resulting in damages from unchecked bamboo growth could still spur legal action.
- Homeowners associations in Long Island often have community rules and regulations regarding allowable types and sizes of bamboo plants to prevent invasive running bamboo varieties.
So while growing bamboo is legal with proper precautions against invasiveness, lawsuits in Long Island have still occurred when uncontrolled bamboo growth damages neighboring properties. Preventative removal is recommended. Local town or county codes should be checked for specific bamboo growth regulations. Responsible containment or removal is typically required by law.
