In 2023, it is nearly impossible to go for a hike in Virginia without experiencing vast monocultures of invasive species that dominate Virginia undergrowth, including Bradford pear, autumn olive, Japanese stilt grass, and multiflora rose. The rapid expansion of such invasives reduces biodiversity, alters habitats, and limits the resources of native organisms. The state similarly considers noxious weeds to be just as harmful as invasive species, although they primarily impact agriculture. Last year, state lawmakers sought to address concerns about both invasive species and noxious weeds by passing legislation tightening regulations on invasive plants and loosening restrictions on the transportation of noxious weeds. Invasive flora are plants that are not native to a location but can thrive there by reproduction.
Since the mid 1800s, globalization and international trade have resulted in the intentional and accidental introduction of a growing list of invasive species in Virginia. Virginia state code further defines these species as “likely to cause economic or environmental harm or harm to human health” [1]. However, until now, there have not been Virginia laws prohibiting the planting, growing, or selling of invasive plants. Studying examples such as the establishment and persistence of Bradford pear trees in Virginia helps to better explain this lack of preventative legislation. Beginning in the 1960s, the Asia native Bradford pear tree possessed attractive flowers that made it popular for landscaping, resulting in its rapid spread through the commonwealth, according to Virginia Department of Conservation and Recreation biologist Kevin Heffernan [2]. While pretty, the Bradford pear can thwart the growth of nearby native plants, cause problems for native fauna that ingest its fruit, and lead to infrastructure damage due to the breakage-prone nature of its heavy limbs [3].
The profitability of such plants in nursery and landscaping industries is largely responsible for the lack of invasive-mitigating legislation in Virginia. Invasive plants have long been sold in the commonwealth despite ecologically damaging repercussions – Japanese barberry, for example, was introduced to the U.S. in 1875 and now grows throughout Virginia forests. Despite a correlation between large amounts of barberry and an abundance of Lyme disease carrying ticks, the plant is still considered incredibly valuable in landscaping and nursery trades.
This lack of industrial restrictions on invasive species contrasts with how the state has historically dealt with noxious weeds, which Virginia law considers to be as destructive to farmland as invasives in Virginia ecosystems. Unlike harmful, yet profitable invasive species, noxious weeds are believed to possess potential damage far exceeding their commercial value [2]. Therefore, Virginia law has historically entirely outlawed noxious weeds while loosely regulating invasive plants, until now.
Last year, lawmakers have passed a compromise bill in which the sale of invasive plants is more restricted while the transportation of noxious weeds is less heavily regulated. Essentially, plants will be distinguished between noxious and invasive if the plant has a customer base and if they are considered “commercially viable” in the commonwealth. The bill attempts to mitigate the spread of invasives by requiring tradespeople like landscapers to notify Virginia residents who choose to plant an invasive species that an invasive plant species is what they selected [4]. The bill also removes the requirement for a permit to transport noxious weeds in Virginia, as the pervasive nature of noxious weeds makes unintentionally transporting such species too easy, causing farmers to fear misdemeanors. Virginia farmers have historically opposed adding invasives to the noxious weed list as they would trigger the permit requirement. However, without permit requirements, more invasive plants can be deemed noxious weeds, meaning their sale will become illegal.
Supporters of the bill argue it is a compromise helping to curb the spread of harmful vegetation without negatively impacting businesses that transport and sell them. Many enthusiasts appreciated the increased awareness that results from homeowners being notified of invasives on their property. Those who would otherwise opt for stricter invasive control recognized that stricter law would be unlikely to pass through the General Assembly, gaining the compromise bill their widespread support.
Some critics argue the legislation’s unethical protection of financial interests will continue to spread invasive plants, likely leading to more costly and environmentally harmful consequences in Virginia’s future. Two groups, the Virginia Native Plant Society and Blue Ridge Partnership for Regional Invasive Species Management, have expressed concerns that the notification requirement does too little to solve the issue of invasive species. From the perspective of Nancy Vehrs, president of the Virginia Native Plant Society, it feels as though we are “getting assaulted with new invasive species all the time” [2]. Many who work to protect native species similarly feel that more invasive plants should be banned in Virginia. Nevertheless, because of the increased awareness that notification provides landowners and a recognition that a stricter law might not make it through the General Assembly because of industry resistance, the bill has gained the support of many VA residents.
Creating policies, management plans, and frameworks are an increasingly pertinent and effective way of mitigating invasive species. Last year’s multi-faceted compromise bill will likely be one of many legislative efforts to mitigate invasive plants in Virginia ecosystems while simultaneously protecting farming and plant nursery practices. Combating the issues of invasive and noxious plants in Virginia will continue to require the cooperation of scientists and industries as they work to protect Virginia’s native environment and economy.
1. “Invasive Plants in Virginia.” Virginia Department of Forestry, https://dof.virginia.gov/forestmanagement-health/forest-health/invasive-plants-in-virginia/. Accessed 20 Nov. 2023.
2. McIntyre, Meghan, et al. “Invasive Plants Have Spread All over Virginia. Some Groups Say That Needs to Stop.” Virginia Mercury, 5 Sept. 2023,
https://www.virginiamercury.com/2023/09/05/invasive-plants-have-spread-all-over-virginia some-groups-say-that-needs-to-stop/.
3. Callery Pear. https://www.invasivespeciesva.org/species/callery-pear. Accessed 20 Nov. 2023.
4. LIS > Bill Tracking > HB2096 > 2023 Session. https://lis.virginia.gov/cgibin/legp604.exe?231+sum+HB2096. Accessed 20 Nov. 2023.