It’s official. Loudoun is now the fourth county in Virginia to have passed the Bamboo Ordinance, joining Fairfax, Fauquier and Stafford Counties. Here is the link: CHAPTER 694 Containment of Running Bamboo. It’s a fairly quick read.

I spoke with Keith Fairfax today, the Zoning Enforcement Section Manager for Loudoun County who oversees the day to day management of the program.

He explained that complaints are now being accepted through the Loudoun Express System: LEx – Loudoun Express Request | Loudoun County, VA – Official Website. When reporting a complaint, please use “Neighborhood and Property Zoning Complaints” for the case type. Keith has already received his first few complaints.

It’s very encouraging to see the Ordinance that we brought to the Board of Supervisors come to life. Supervisors Glass and Briskman touring a couple of bamboo sites in the Countryside and Cascades HOAs was key to getting the Ordinance passed so quickly. Ashburn Village has a few instances of Running Bamboo that we will ask the County to look into, as well, as we test out the process.

Keith and his team are best suited to answer your questions and will be available to do so once you (or one of your residents) submits a complaint, but feel free to run them through me and I will try to answer them or forward them on if I don’t have the answer.

That said, Keith was kind enough to provide me answers to my initial questions, below.

Hopefully you don’t have Running Bamboo issues in your community. But if you do, you now have options!

Does the Ordinance apply to all of Loudoun?

It applies to all of Loudoun with the exception of the 7 incorporated towns (Leesburg, Purcellville, Lovettsville, Hamilton, Hillsboro, Middleburg and Round Hill. would need to adopt an ordinance for their specific jurisdiction and enforce it with their staff resources.

How long does an owner, once found in violation, have to rectify the issue? When is the first $50 fine applied, and how long would it take to grow to $3000? Can you provide an example with a sample timeline?

We are issuing a correction notice to the property owner (bamboo owner) who’s bamboo has encroached onto an adjacent parcel or right of way. That letter will advise them of the requirements of Chapter 694 and give them 30 days to provide an abatement plan for containing the bamboo. If a response is not received from the owner, or if the Notice is not administratively appealed, fines will be issued in accordance with provisions of ordinance. While the ordinance allows daily fines, it is doubtful that we will be able to visit the property in question daily because of other caseload requirements and it is more realistic that the fines will be issued every 10 days like our Zoning and Virginia Property Maintenance Code violations.

Can you provide an example, with a sample timeline, of when a Class 3 Misdemeanor would need to be assessed?

Based on ordinance and State Code provisions, the offense would not become subject to criminal misdemeanor sanctions unless the issue was not resolved within 24 months of the initial complaint. Details on this provision will need further review by the County Attorney’s Office.

Will the complainant be kept abreast of the status of a landowner found to be in violation?

Yes, updates will be provided. However, we cannot require the bamboo owner to remove any bamboo that has encroached on to the complainant’s property. The adjacent property owner will have to take civil action against the bamboo owner for recovery of any costs associated with removing the bamboo from their property.

What happens if for example, a homeowner is found to have planted running bamboo in the common area of a community, like an HOA?

The ordinance is specific in that the bamboo owner is the property owner where the bamboo is growing. Thus, if the HOA owns the common area and the bamboo is spreading onto adjacent parcels, and we get a complaint, the HOA would have to take action to keep it from spreading. The HOA could pursue civil damages against the person who planted the bamboo if they can prove beyond a reasonable doubt who originally planted it.