An Act to amend and reenact § 33.2-217 of the Code of Virginia, relating to highway rights-of-way; invasive species; report.
HB88 amends Virginia law governing vegetation on state highway rights-of-way. The bill replaces the current prohibition focused on three named plants—devil shoestring, Johnson grass, and barberry—with a broader prohibition on planting any invasive plant included on the state invasive plant list created under § 10.1-104.6:2, when a county governing body has declared such plants injurious to adjacent property. It also retains the authority for the Board of Transportation to remove prohibited plants already planted on highway rights-of-way and preserves the right of adjacent landowners to remove noxious or injurious growth from the right-of-way next to their property.
In addition to changing the substantive prohibition, the bill directs the Virginia Department of Transportation, in coordination with the Department of Conservation and Recreation and after consultation with the invasive species advisory group, to review the prevalence of invasive plants on state highway rights-of-way and identify the processes, resources, and options needed to remove, control, and manage them over time. VDOT must report its findings to the General Assembly by December 1, 2027.
The bill broadens § 33.2-217 from a short list of specific prohibited weeds to a dynamic reference to the Commonwealth’s invasive plant list, which can expand over time without further statutory amendment. This affects the Department of Transportation’s planting and maintenance practices on state highway rights-of-way, and it may increase coordination with conservation and invasive-species agencies. It also creates a formal reporting requirement for VDOT to assess the scope of invasive plant presence and potential management strategies, but it does not itself create a removal program or funding mechanism.
Based on the bill text and the absence of recorded committee debate or vote details in the provided materials, the bill appears to have been treated as a technical but environmentally focused measure. Its enactment suggests general legislative support for updating highway vegetation rules to better address invasive species and to gather information for future management decisions. No contrary sentiment is documented in the available record.
The main policy issue is the shift from a fixed list of three plants to incorporation of the broader invasive plant list, which could expand the scope of prohibited species on highway rights-of-way and place more discretion in the hands of state agencies and county governing bodies. Another possible point of concern is the reporting mandate: the bill requires VDOT to study prevalence and management options, but it does not appropriate resources or specify how any future removal or control plan would be funded. No specific objections or named opponents are reflected in the provided discussion materials.