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Virginia General Assembly· HB 88Acts of Assembly Chapter 63

Highway rights-of-way; invasive species., the official text

Shown verbatim: the complete text as captured from the official page posted by the Virginia General Assembly, fetched 2026-08-29. Where this bill amends existing law, language marked for deletion in the official page appears here in brackets. This is the chaptered version. The official bill page.
CHAPTER 63
An Act to amend and reenact § 33.2-217 of the Code of Virginia, relating to highway rights-of-way; invasive species; report.
[H 88]
Approved April 6, 2026

Be it enacted by the General Assembly of Virginia:
1. That § 33.2-217 of the Code of Virginia is amended and reenacted as follows:
§ 33.2-217. Prohibition of certain weeds and plants on highway rights-of-way; report.
Neither the Board nor the Commissioner of Highways shall plant or cause or suffer to be planted on the right-of-way of any state highway any [of] [the] [weeds] [or] [plants] [known] [as] [devil] [shoestring] [(Tephrosia] [virginiana),] [Johnson] [grass] [(Sorghum] [halepense),] [or] [barberry] [(Berberis] [vulgaris)] [if] [the] [governing] [body] [of] [the] [county] [in] [which] [the] [highway] [is] [located] [declares] [by] [resolution] [such] [weeds] [or] [plants] [to] [be] [injurious] [to] [adjacent] [property] invasive plant on the list of invasive plants created pursuant to § 10.1-104.6:2.
[The] [Board] [shall] [cause] [all] [such] [weeds] [or] [plants] [planted] [or] [caused] [to] [be] [planted] [by] [the] [Board] [or] [Commissioner] [of] [Highways] [on] [any] [state] [highway] [right-of-way] [to] [be] [dug] [up] [and] [destroyed.]
Any owner of land adjacent to any state or other public highway right-of-way, or his agents and employees, may dig up, cut down, or otherwise remove and destroy any of such plants or weeds and any other plants or weeds that are or may become noxious or otherwise injurious to his property found growing upon any state or other public highway right-of-way adjacent to his land.
2. That the Department of Transportation, in coordination with the Department of Conservation and Recreation and after consultation with the invasive species advisory group created pursuant to § 2.2-220.2 of the Code of Virginia, shall conduct a review of the processes and resources that are necessary and appropriate to (i) determine the prevalence of invasive plants on the list of invasive plant species created pursuant to § 10.1-104.6:2 of the Code of Virginia on any state highway right-of-way and (ii) develop options for establishing and implementing a plan to remove or control such plants and manage such plants on an ongoing basis. The Department of Transportation shall submit a report of its findings to the Chairs of the House Committee on Appropriations, the Senate Committee on Finance and Appropriations, and the House and Senate Committees on Transportation no later than December 1, 2027.
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