A284

An Act concerning running bamboo and supplementing Titles 4 and 13 of the Revised Statutes, and P.L.1960, c.39 (C.56:8-1 et seq.).

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

1. a. No person shall sell running bamboo in the State unless that person is a nurseryman who possesses a certification from the department pursuant to R.S.4:7-15 et seq. 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 a separate and distinct offense. The municipal court and the Superior Court shall have jurisdiction to enforce the “Penalty Enforcement Law of 1999.”

b. The Department of Agriculture, the Department of Environmental Protection, and any county or municipality shall have the authority to enforce the provisions of this section.

c. As used in this section, “running bamboo” means any bamboo in the genus Phyllostachys, including Phyllostachys aureosulcata.

2. a. (1) No person shall plant running bamboo in the State unless that person is a landscape architect licensed pursuant to P.L.1983, c.337 (C.45:3A-1 et al.) or a home improvement contractor registered with the Division of Consumer Affairs in the Department of Law and Public Safety pursuant to P.L.2004, c.16 (C.56:8-136 et seq.), or an employee or contractor of a licensed landscape architect or registered home improvement contractor, and the person plants the running bamboo in compliance with the requirements of subsection b. of this section.

(2) 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 a separate and distinct offense. The municipal court and the Superior Court shall have jurisdiction to enforce the “Penalty Enforcement Law of 1999.”

b. (1) A licensed landscape architect or registered home improvement contractor, or employee or contractor thereof, shall not plant running bamboo on any property within 100 feet of the property boundary line or a public right-of-way unless: (a) the running bamboo is contained by a properly constructed barrier system that prevents the spread of roots underground; or (b) the running bamboo is planted above ground in a container or planter so that it is contained and does not come into contact with the surrounding soil.

(2) A licensed landscape architect or registered home improvement contractor who violates this subsection shall be issued a warning for the first offense. For a second or subsequent offense, the licensed landscape architect or registered home improvement contractor shall be liable to a civil penalty of $100, to be collected in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999.” The municipal court and the Superior Court shall have jurisdiction to enforce the “Penalty Enforcement Law of 1999.”

c. (1) A person who owns property on which running bamboo is planted pursuant to this section, or a subsequent purchaser of the property or person who takes possession of the property pursuant to a foreclosure or other legal action, shall be responsible for maintaining the running bamboo in compliance with subsection b. of this section. A person who fails to properly maintain the bamboo in compliance with this section 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 the adjacent property.

(2) If the spread of running bamboo onto an adjacent property is the result of improper planting of the bamboo by a licensed landscape architect or registered home improvement contractor, in violation of subsection b. of this section, the person who owns the property on which the running bamboo was planted, and who is being held liable for damages to the adjacent property, may seek indemnification from the licensed landscape architect or registered home improvement contractor.

d. The Department of Environmental Protection, the Department of Agriculture, and any county or municipality shall have the authority to enforce the provisions of this section.

e. This section shall not apply to running bamboo that was planted before the date of enactment of this section.

f. As used in this section, “running bamboo” means any bamboo in the genus Phyllostachys, including Phyllostachys aureosulcata.

3. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall require the property condition disclosure statement obtained from the seller, pursuant to paragraph (3) of subsection b. of section 1 of P.L.1999, c.76 (C.56:8-19.1), 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, if known.”

4. This act shall take effect immediately.

STATEMENT

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.