2025 SESSION

INTRODUCED

25103728D

HOUSE BILL NO. 2464

Offered January 13, 2025

Prefiled January 8, 2025

A BILL to amend and reenact § 33.2-217 of the Code of Virginia, relating to highway rights-of-way; invasive species.

—————

Patron—Higgins

—————

Referred to Committee on Transportation

—————

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.

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 (i) any plant on the list of invasive plants created pursuant to § 10.1-104.6:2 or (ii) 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.

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. The Board shall establish and implement a policy for identifying, digging up, and destroying any invasive plant on the list of invasive plants created pursuant to § 10.1-104.6:2 on any state highway right-of-way, regardless of whether such plant was planted or caused to be planted by the Board or Commissioner of Highways.

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.