Rule Reaches Out to Ban Bamboo in Barnegat Light

By Maria Scandale | on August 16, 2023

OUT OF STALK: Property owners must control the growth of bamboo on their property, and from now on, not plant any in the first place. The ordinance passed to control the invasive plant. (Photo by Ryan Morrill)

Bamboo roots got invasive; the borough of Barnegat Light is claiming control under an ordinance passed on second reading Aug. 9.

“No maintaining or planting of bamboo plants” is allowed under the ordinance. “The in-ground planting of bamboo plants is prohibited in the Borough of Barnegat Light.”

Keeping bamboo in outdoor containers is also on the “don’t” list; that was added by borough council to the ordinance that was introduced last month. That addition was proposed by Councilman Ed Wellington, chair of the public works committee, on the grounds that many containers have holes in the bottom, or holes can be added, where roots escape.

The ordinance reads, “All property owners must control the growth of bamboo plants on their property. Failure to control and/or prevent the spread of such vegetation beyond the boundaries of any property within the Borough is a violation.”

Also, all existing bamboo plantings must be contained “by appropriate physical barriers” to prevent growth or spread beyond the boundaries of a resident’s property.

A 19th Street resident who called for a ban at the June meeting, Bruce Theuerkauf, was on hand with his wife to hear as council members voted unanimously to adopt the ordinance.

Theuerkauf had cited that 20 other New Jersey municipalities have passed laws responding to homeowners’ complaints that neighbors’ bamboo plants were spreading to their yards and shooting up thick stalks that become extremely difficult and expensive to control. He hoisted an unwanted stalk taken from his own backyard; it had grown 10 feet in three weeks, he said. Mayor Kirk Larson reported that he, too, was left with a similar situation in his own backyard; however, the neighbors who planted the bamboo have since moved away.

Borough Attorney Terry Brady listed some of the other town ordinances that he had compared, including from Belmar, Toms River, Lacey Township, Red Bank, Beach Haven and Long Beach Township. The version devised for Barnegat Light is intended to take care of an immediate problem, he said.

“This ordinance gives the municipality the opportunity to issue a fine for planting it in the first place or permitting the migration … beyond the boundaries of a property,” Brady summarized to council.

Another section of the rule would require removal of bamboo plants that are invasive.

(Photo by Ryan Morrill)

Specifically, the ordinance says, “in the event invasive bamboo plant(s) are present on any plot of land, or any other premises or place in the Borough, the Borough shall serve written notice to the property owner to remove or abate the violation” in the time specified.

The cost of abatement would be the property owner’s responsibility. The borough could have the work done and place a lien on the property to recover the cost if it was not taken care of by the property owner.

Aside from the ban on planting new bamboo of all types, what about neighbors’ disputes over existing bamboo plantings? The ordinance’s answer was clarified at the meeting.

Essentially, a neighbor complaining about a property owner who planted bamboo that is invading into their yard may file a civil suit in an attempt to settle the matter. The civil suit would be between the two parties, with the borough not part of the suit.

“Restitution is between property owners. It is not something that is covered by the ordinance; that’s a private matter between property owners,” said Brady. “But what the regulation does say is that a property owner must control the growth of bamboo plants.”

If a previous property owner did not plant the bamboo where the problem is now originating, the current property owner “assumed” the problem when they bought the property, officials said.

Copies of the ordinance are available in borough hall, at East Seventh Street.

This ordinance covers bamboo only, said Brady, not any other plants that may be considered by some to be invasive.

Discussion advanced about fencing off a section of the dog park to create an area for small dogs. Councilwoman Dottie Reynolds, chair of the beaches and parks committee, asked for people who want a small dog park to let the borough know. The contact by email is [email protected].

On the topic of upcoming meetings at the Bay Breeze Park pavilion at West Sixth Street, it was noted that a public meeting regarding wind farm information, titled “It’s Not Too Late,” will be held at 5 p.m. Sunday, Aug. 27 by the group Save LBI.

Also coming up there, on Sept. 23, is a membership meeting of the Barnegat Light Taxpayers’ Association at 9:30 a.m. with guest speaker Karter Larson; and on Sept. 30, the movie “Drift” will be shown at 7:30 p.m., hosted by the taxpayers association.

A borough-wide beach cleanup on Sept. 9 will start at 9 a.m. after convening at the oceanside walkway at 29th Street, taxpayers’ association President Rich Brodman announced. The overall project will also take place at several other locations as an endeavor of the Joint Council of Taxpayers Associations of Long Beach Island.

— Maria Scandale

[email protected]

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