New Jersey’s Invasive Species Management Act (Senate Bill S1029): What It Means for Bamboo — and What It Doesn’t

In January 2026, New Jersey formally adopted the Invasive Species Management Act (Assembly Bill A4137, 221st Legislature – Senate Bill S1029), creating a statewide framework to identify, regulate, and control invasive species that pose ecological, economic, and property-related risks.

Among the species listed in the Act is running bamboo (Phyllostachys), a plant that many New Jersey homeowners, municipalities, and real estate professionals have been grappling with for years — long before it was formally classified by the State.

Since the bill’s adoption, questions have emerged across multiple sectors:
What does this law actually change?
What does it not change?
Why was bamboo included?
And how might this affect property owners, real estate transactions, and local governments?

This page provides a plain-English, neutral overview of the law as it relates to bamboo in New Jersey, with direct reference to the statute itself. Because the Act has wide-ranging implications, we have also published additional, more detailed articles linked below for specific audiences.

Disclosure: This article is for informational purposes only and does not constitute legal advice. Municipalities, HOAs, real estate professionals, and property owners should consult qualified legal counsel regarding ordinances, disclosures, or enforcement decisions.

Overview: Why This Law Matters in New Jersey

New Jersey has a long history of dealing with invasive species due to its dense development, fragmented ecosystems, and proximity to major transportation corridors. Over the years, multiple proposals addressing invasive plants have crossed the Governor’s desk, but many stalled due to enforcement complexity, funding concerns, or lack of coordination.

S1029 is the proposal that moved forward because it does not rely on a single ban or mandate. Instead, it establishes a permanent structure for identifying invasive species, restricting future spread, coordinating agencies, and supporting long-term control efforts.

Rather than forcing immediate action on private property, the law focuses on prevention, classification, and alignment, which is why its effects will be felt gradually, but broadly, across real estate, municipal governance, and environmental management.

What Is the Invasive Species Management Act (S1029)?

The Invasive Species Management Act supplements Title 23 of New Jersey’s Revised Statutes and applies to plants, animals, and other organisms that are non-native and capable of causing economic, environmental, or public harm.

For purposes of this article, the focus is on plant species, and more specifically, running bamboo.

Key components of the Act include:

Formal definitions of invasive and prohibited invasive species
Creation of the New Jersey Invasive Species Council, a permanent advisory body
Direction to the NJ Department of Environmental Protection (DEP) and Department of Agriculture to adopt rules and maintain species lists
A statewide framework emphasizing prevention, education, and control

Which Plants Are Covered by the Act?

Running bamboo is not the only plant included. The Act identifies numerous invasive plants that have already caused widespread ecological and economic disruption in New Jersey.

Examples include:

Japanese barberry (Berberis thunbergii)
Bradford / Callery pear (Pyrus calleryana)
Tree-of-heaven (Ailanthus altissima)
Multiflora rose (Rosa multiflora)
Japanese knotweed (Fallopia japonica)

These species share characteristics such as aggressive growth, lack of natural controls, and high long-term management costs. Bamboo’s inclusion places it within a broader, statewide effort to address plants that are difficult to contain once established.

Why Running Bamboo (Phyllostachys) Was Included

The Act specifically identifies running bamboo, which includes species in the genus Phyllostachys. This distinction is important, as not all bamboo behaves the same way. However, these phyllostachys genus represent the majority of the running bamboo we find in the field. Notably missing from list is Pseudosasa japonica or more commonly known as ‘Japanese Arrow’ bamboo, while a slower running bamboo it is also a running style bamboo.

Phyllostachys bamboo is characterized by:

Underground rhizome-based spread
Lateral growth that can extend dozens of feet
Ability to grow beneath fences, patios, retaining walls, and foundations
Capacity to cross property lines, waterways, and easements
Significant difficulty of containment once established

Unlike clumping bamboo, Phyllostachys spreads continuously unless physically stopped. This growth pattern aligns closely with the Act’s definition of an invasive species whose introduction “causes, or is likely to cause, economic or environmental harm.”

For a more detailed explanation of Phyllostachys bamboo and how it spreads, see:
➡️ Common Running Bamboo ( Phyllostachys ) in New Jersey

What the Law Does (Plain English)

Under the Invasive Species Management Act, running bamboo (Phyllostachys) is classified as a prohibited invasive species.

Following phased implementation periods set forth in the statute and subsequent regulations, the law:

Prohibits the sale of running bamboo in New Jersey
Prohibits propagation and distribution
Prohibits import and export into or out of the State
Cuts off future supply pathways that contribute to new infestations

The intent is to prevent new bamboo problems from being created, not to retroactively penalize property owners.

What the Law Does Not Do

Equally important is what the Act does not require.

The law does not:

Mandate removal of existing bamboo on private property
Automatically fine homeowners for having bamboo
Require inspections or reporting
Override existing municipal or HOA ordinances
Create a statewide enforcement program targeting homeowners

If bamboo already exists on a property, its presence alone does not constitute a violation of state law.

How This Classification Changes Things in Practice

Although the Act does not impose removal mandates, it changes how bamboo is viewed and treated across multiple systems. Overtime this can allow more strict and more robusts ordinances to be put in place by municipalities. Currently many local towns and counties already have ordinances in place.

Before the Act, bamboo was often treated as:

A landscaping nuisance
A private neighbor-to-neighbor issue
A plant governed by inconsistent local rules

After the Act, running bamboo is:

A state-classified invasive species
Officially illegal from future planting or distribution
Recognized as a source of economic and environmental harm ( more about how this can impact property values later )

This shift may affect real estate transactions, municipal decision-making, HOA enforcement, and long-term property planning, even without direct mandates.

Implications for Key Groups

Because the Act affects different groups in different ways, we have published additional, more detailed articles addressing the most common questions we are seeing.

Home Sellers

Sellers may find that bamboo:

Raises more questions during inspections
Becomes a negotiation factor
Is easier to address before listing than during escrow

➡️ Read more: Selling a Home with Bamboo in New Jersey

Home Buyers

Buyers may view bamboo as:

A future cost
A negotiation point
A reason to request remediation or credits

➡️ Read more: Buying a Home with Bamboo in New Jersey

Real Estate Agents

Agents are increasingly asking:

Whether bamboo creates additional disclosure risk
How to raise the issue without derailing a transaction
When to involve specialists

Townships, HOAs, and Municipalities

Local governments and associations may find that the Act:

Provides clearer footing for ordinances
Makes enforcement easier to justify
Supports regulation beyond planting bans alone

State Support, Education, and Future Control Efforts

The Act establishes the New Jersey Invasive Species Council, which is tasked with:

Advising state agencies
Developing educational materials
Coordinating research and control strategies
Identifying funding mechanisms and partnerships

While the law does not guarantee direct subsidies, it creates mechanisms that may make state-supported invasive species remediation programs more accessible to municipalities, parks, and public lands over time, particularly where invasive plants are disrupting local ecosystems. I believe we will find out more as local townships and municipalities start digging into the bill and how it can help / affect their current ordinances.

Why We’ve Created Additional In-Depth Resources

This law touches environmental policy, property rights, real estate transactions, and municipal authority. Rather than oversimplify, we’ve chosen to address the most impacted areas individually.

The articles linked above explore:

Real-world transaction impacts
Practical municipal considerations
Buyer and seller decision-making
Risk management for professionals

Together, they provide a clearer picture of how the Invasive Species Management Act may shape bamboo issues in New Jersey moving forward.

When Does the Invasive Species Management Act Take Effect?

The Invasive Species Management Act takes effect in phases, rather than all at once. The statute sets its timelines based on the Act’s official effective date, which is established when the law is signed and codified.

Because implementation is tied to future rulemaking and month-based triggers, many of the Act’s practical impacts occur months or years after the effective date, not immediately.

Key timing provisions in the Act

Based on the language of the statute:

Within 12 months of the effective date
- The Department of Environmental Protection (DEP), in consultation with the Department of Agriculture, must adopt formal rules and regulations to implement the Act. This includes: Establishing regulatory lists of invasive and prohibited invasive species
- Creating a process for conditional use waivers
- Formalizing definitions and enforcement mechanisms

Beginning on the first day of the 13th month after the effective date
The Act’s prohibition on propagation and intentional introduction of prohibited invasive species, including running bamboo (Phyllostachys), takes effect, unless a conditional use waiver applies.
Beginning on the first day of the 49th month after the effective date
Restrictions on sale, distribution, and export of prohibited invasive species take effect.
Within 36 months of the effective date, and every three years thereafter
DEP must review the latest scientific recommendations and update the invasive species lists as appropriate.

What this means in practical terms

Because the Act uses month-based triggers rather than fixed calendar dates:

The framework of the law is effective upon enactment
Most prohibitions phase in over time
The exact calendar dates depend on the statute’s official effective date and subsequent rulemaking

As a result, homeowners, municipalities, and industry stakeholders should expect:

Gradual implementation, not immediate enforcement
Additional guidance and clarification as regulations are adopted
Ongoing updates as the Invasive Species Council and DEP carry out their roles

For current status, readers should consult:

Official DEP rulemaking notices
Updates from the New Jersey Invasive Species Council
The final published statute and regulations once adopted

Note: This summary reflects the timing framework set forth in the statute. Exact calendar dates may vary based on the Act’s official effective date and the completion of required rulemaking.

Bottom Line: What You Need to Know

The Invasive Species Management Act does not suddenly make bamboo illegal to own, nor does it force immediate action on private property.

What it does is:

Formally classify running bamboo as a prohibited invasive species
Restrict its future sale and spread
Align state policy around long-term prevention and control
Change how bamboo is perceived in regulatory and transactional contexts
Changes will not be immediate and are part of a phased roll in dependent on the creation of several formal bodies. Who may add / adjust amend the list. ( but we don’t think Phyllostachys bamboo is going anywhere )

Understanding what the law means, and what it doesn’t, is the first step toward making informed decisions.

Sources & References

New Jersey Senate Bill S1029 – Invasive Species Management Act
Bamboo Removal Professional In New Jersey
Bamboo Removal Professionals in PA