A3452

An Act concerning running bamboo, and supplementing Titles 4, 13, and 45 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. A person who plants running bamboo or who allows running bamboo to grow on the person’s property shall not allow such running bamboo to grow beyond the boundaries of the property. A person who violates this subsection shall be liable for any damages caused to any adjacent property by the running bamboo, including, but not limited to, the cost of removal of any running bamboo that grows on to the adjacent property. A subsequent purchaser of property, or a person who takes possession of property pursuant to a foreclosure or other legal action, shall be responsible for maintaining the running bamboo in compliance with this subsection.

b. A person shall not plant running bamboo or allow running bamboo to be planted on the person’s property at a location that is 100 feet or less from the property boundary line of any abutting property or public right-of-way unless: (1) the running bamboo is contained by a properly constructed and maintained barrier system that prevents the spread of roots underground; or (2) the running bamboo is planted above ground in a container or planter so that the running bamboo is contained and does not come in contact with the surrounding soil.

A person who violates this subsection shall be liable to a civil penalty of $100, to be collected in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense until such time as the running bamboo is removed or contained by a properly constructed barrier system. The provisions of this subsection shall not apply to any running bamboo planted on or before the effective date of this act.

c. A retail seller or installer of running bamboo shall provide to each customer who purchases running bamboo from the seller or installer a statement prepared by the New Jersey Agricultural Experiment Station at Rutgers, the State University, pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). A retail seller or installer of running bamboo who violates this subsection shall be fined $100 for each plant sold or installed in violation of this act, to be collected in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).

d. For the purposes of this section, “running bamboo” means any bamboo in the genus Phyllostachys, including Phyllostachys aureosulcata.

2. a. The New Jersey Agricultural Experiment Station at Rutgers, the State University, shall, in consultation with the Department of Agriculture, develop a statement that includes: (1) an explanation that running bamboo is a fast growing plant that may spread if not properly contained; (2) a plain language summary of the provisions contained in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill); and (3) recommendations, based on the best available information, on methods to properly contain running bamboo. The New Jersey Agricultural Experiment Station shall make the statement available on its website.

b. For the purposes of this section, “running bamboo” means the same as that term is defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

3. a. A real estate broker, broker-salesperson, or salesperson licensed pursuant to R.S.45:15-1 et seq. shall provide to each prospective purchaser of residential property notice of the existence of running bamboo within 100 feet of the residential property and notice of the provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. A real estate broker, broker-salesperson, or salesperson who knowingly violates this section shall be subject to the penalties as set forth in R.S.45:15-17.

c. For the purposes of this section, “running bamboo” means the same as that term is defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

4. This act shall take effect on the 90th day after enactment.

STATEMENT

This bill would make it unlawful for any person who plants running bamboo or who allows running bamboo to grow on his or her property to permit the bamboo to grow beyond the boundaries of the property. Violators would be liable for any damages caused to any neighboring property by running bamboo. A subsequent purchaser of property, or a person who takes possession of property pursuant to a foreclosure, would be responsible for ensuring that any running bamboo does not grow beyond the boundaries of the property.

The bill would also make it unlawful for any person to plant running bamboo or allow running bamboo to be planted within 100 feet from the property boundary line of any abutting property or public right-of-way, unless: (1) the bamboo is contained by a properly constructed and maintained barrier system that prevents the spread of roots underground; or (2) the bamboo is planted above ground in a container or planter so that the running bamboo does not come in contact with the surrounding soil. Violators would be fined $100. If the violation is of a continuing nature, each day during which it continues would be a separate offense.

Under the bill, a retail seller or installer of running bamboo would have to provide to each customer who purchases running bamboo a statement, prepared by the New Jersey Agricultural Experiment Station (NJAES) at Rutgers, the State University, including: (1) a statement that running bamboo is a fast growing plant that may spread if not properly contained; (2) a plain language summary of the provisions of this bill; and (3) recommendations, based on the best available information, on methods to properly contain running bamboo. The bill directs the NJAES to prepare this statement and make the statement available on its website. A retail seller or installer who violates this provision would be fined $100 for each plant sold or installed in violation of the bill.

Finally, the bill imposes a duty on real estate brokers, broker-salespersons, and salespersons, to provide notice to prospective purchasers of the existence of running bamboo within 100 feet of a residential property, and notice of the provisions of this act. A broker, broker-salesperson, or salesperson who knowingly fails to make this disclosure would be subject to the penalties set forth in R.S.45:15-1, as determined by the New Jersey Real Estate Commission.

This legislation came at the behest of Elaine Walsh of Linwood, New Jersey. Ms. Walsh, a nurse and mother of two, formally resided in Atlantic City, but lost her home during Superstorm Sandy. She relocated to a house in Linwood, but soon discovered that her property was being overrun by running bamboo from a neighboring yard. The invasive plant caused thousands of dollars worth of damage to Ms. Walsh’s property and threatened the foundation of her home. This bill would give Ms. Walsh and New Jersey residents in similar situations the legal means to recover for damage caused by running bamboo.