We believe that even in the absence of laws and regulations, having a sustainable approach to keeping your property free from invasive species is the right thing to do: it protects native plants, denies invasive insects and diseases a habitat to grow, and also prevents the spread of invasives into other people’s property or into forests that we all share. That’s why poison ivy removal, as well as woodland restoration are popular services for Hudson Valley homeowners and businessowners alike.
Over the years, a growing number of Hudson Valley municipalities have legislated this into existence as part of promoting the general welfare. Here are a number of laws that are on the books:
City of Beacon
Homeowners and business owners are expected to keep their properties clear of brush and weeds:
“All persons shall keep their premises, including vacant lots, whether owned, leased, occupied or in their charge, clear of weeds (including grass over 10inches tall), brush and unsightly or noxious growth, and if, after written notice from the Code Enforcement Officer, the weeds (including grass over 10 inches tall), brush and unsightly growth are not cleared away within a period of five days from such notice, the Code Enforcement Officer may cause such weeds (including grass over 10inches tall), brush and unsightly or noxious growth to be cut and removed where necessary, and the cost thereof shall thereupon be chargeable to and collected from the owner of such premises or the persons leasing, occupying or having such premises in their charge as other taxes or levies are or may be collected, and the payment of any such charge to the City by any person failing to comply with such notice shall not bar prosecution for the offense of failing to comply with this section.”
City of Kingston
The City of Kingston generally prohibits the use of toxic chemical pesticides on city-maintained land, but it has an exemption for the control of poison ivy and poison oak. When it comes to multi-family and non-residential properties like businesses, it emphasizes the use of native species and landscaping.
Town of Marlborough
In Marlborough, it is legislated that properties within the town must be kept free of noxious weeds that include poison ivy, sumac, nightshade, bindweed and more.
Towns of Poughkeepsie and LaGrange
Under the Town of Poughkeepsie’s nuisance law, having a commercial lot that contains vegetation like poison ivy, poison oak or sumac constitutes a “nuisance” that may prove a hazard for inquisitive minors. The Town of LaGrange has an identical provision.
Village of Rhinebeck
In Rhinebeck, the town code has an explicit framework for problematic vegetation. They have language that says:
“It shall be the duty of any owner, lessee or occupant of any lot or land to cut and remove or cause to be cut and removed all such weeds, grass or other rank vegetation…It shall be unlawful for any owner, lessee or occupant having control of any occupied or unoccupied lot or land, or any part thereof, in the Village of Rhinebeck to permit or maintain on any such lot or land or on or along the sidewalk, street or alley adjacent to the same between the property line and the curb, or for 10 feet outside the property line if there is no curb, any growth of weeds, grass or other rank vegetation to a greater height than 10 inches on the average or any accumulation of dead weeds, grass or brush.”
Village of Saugerties
Saugerties goes a little further than Rhinebeck in specifying types of poisonous or detrimental plants that need to be removed from any property borders public areas.
“It shall be unlawful for any owner, lessee or occupant having control of any occupied or unoccupied lot or plot of land or any part thereof in the Village of Saugerties, to permit or maintain on any such lot or plot of land or on or along the sidewalk, street or alley adjacent to the same between the property line and the curb, any growth of weeds, grass or other rank vegetation to a greater height than 10 inches on the average, or any accumulation of weeds, grass or brush. It shall also be unlawful for any such person or persons to cause, suffer or allow poison ivy, ragweed or other poisonous plants or plants detrimental to health, to grow on any such lot or plot of land in such manner that any part of such ivy, ragweed or other poisonous weed shall extend upon, overhang or border any public place.”
Village of Wappingers Falls
In Wappingers Falls, the board lists out invasive plants as poison ivy, sumac trees, bushes or vines, nightshade, Japanese heliotrope and bindweed as “noxious weeds” that are not allowed to be cultivated on homeowners’ property:
“The Village Board hereby determines that in order to protect and promote the public health, safety and welfare of the residents of the Village, to prevent blight within the Village and to prohibit the proliferation thereof, it is necessary to establish standards for the exterior maintenance of property, yards and any buildings or structures thereon, and to provide standards for the general exterior maintenance of yards, buildings and structure, and to provide for the removal of any poisonous weeds or shrubs, overgrown vegetation, including lawns, grass, landscape shrubbery, and ornamental shrubs, garbage, debris, rubbish, and junked or inoperable vehicles on properties, so that all properties shall be maintained in accordance with the standards enunciated in this chapter.”
