Chapter 901:5-30 | Invasive Plants

Rule 901:5-30-01 | Invasive plant species.

• Effective: February 13, 2023
• Promulgated Under: 119.03

(A) In order to protect native plant species and thwart the growth of invasive plant species, the director of the Ohio department of agriculture pursuant to section 901.50 of the Revised Code hereby declares the plants listed in paragraphs (A)(1) to (A)(63) of this rule as invasive plants. The invasive plants are first designated by the plant's botanical name and then by the plants common name. The botanical name is the official designation for the plant.

(1) Ailanthus altissima, tree of heaven;

(2) Alliaria petiolata, garlic mustard;

(3) Ampelopsis brevipedunculata, porcelainberry;

(4) Azolla pinnata, Pinnate mosquitofern;

(5) Berberis vulgaris, common barberry;

(6) Butomus umbellatus, flowering rush;

(7) Celastrus orbiculatus, Asian bittersweet;

(8) Centaurea stoebe ssp. micranthos, spotted knapweed;

(9) Dipsacus fullonum, common teasel;

(10) Dipsacus laciniatus, cutleaf teasel;

(11) Egeria densa, Brazilian waterweed;

(12) Eichhornia azurea, anchored water hyacinth;

(13) Elaeagnus angustifolia, Russian olive;

(14) Elaeagnus umbellata, autumn olive;

(15) Epilobium hirsutum; hairy willowherb;

(16) Fallopia japonica, Japanese knotweed;

(17) Ficaria verna, lesser celandine;

(18) Heracleum mantegazzianum, giant hogweed;

(19) Hesperis matronlis, dames rocket;

(20) Hydrilla verticillata, hydrilla;

(21) Hydrocharis morsus-ranae, European frogbit;

(22) Hygrophila polysperma, Indian swampweed;

(23) Iris pseudacorus, yellow flag iris;

(24) Lagarosiphon major, African oxygen weed;

(25) Ligustrum vulgare, common privet;

(26) Limnophila sessiliflora, Asian marshweed;

(27) Lonicera japonica, Japanese honeysuckle;

(28) Lonicera maackii, Amur honeysuckle;

(29) Lonicera morrowii, Morrow's honeysuckle;

(30) Lonicera tatarica, Tatarian honeysuckle;

(31) Lythrum salicaria, purple loosestrife;

(32) Lythrum virgatum, European wand loosestrife;

(33) Marsilea guadrifolia, European water-clover;

(34) Microstegium vimineum, Japanese stiltgrass;

(35) Monochoria hastata, arrowleaf false pickerelweed;

(36) Monochoria vaginalis, heartshape false pickerelweed;

(37) Morus alba, white mulberry;

(38) Myriophyllum aquaticum, parrot feather watermilfoil;

(39) Myriophyllum spicatum, Eurasian watermilfoil;

(40) Najas minor, brittle waternymph;

(41) Nymphoides peltata, yellow floating heart;

(42) Ottelia alismoides, duck lettuce;

(43) Paulownia tomentosa, princess tree;

(44) Persicaria perfoliata, mile-a-minute;

(45) Phalaris arundinacea, reed canary grass;

(46) Phragmites australis ssp. australis, common reed;

(47) Pistia stratiotes, water lettuce;

(48) Potamogeton crispus, curly pondweed;

(49) Pueraria montana var. lobata, kudzu;

(50) Pyrus calleryana, Callery pear;

(51) Rhamnus cathartica, European buckthorn;

(52) Rosa multiflora, multiflora rose;

(53) Sagittaria sagittifolia, arrowhead;

(54) Salix fragilis, crack willow;

(55) Salvinia minima, common salvinia;

(56) Salvinia molesta, giant salvinia;

(57) Sparganium erectum, simple bur-reed;

(58) Stratiotes aloides, water soldier;

(59) Trapa natans, water chestnut;

(60) Typha angustifolia, narrowleaf cattail;

(61) Typha x glauca, hybrid cattail;

(62) Ulmus pumila, Siberian elm; and

(63) Vincetoxicum nigrum, black swallowwort.

(B) Except as provided in paragraphs (C) and (D) of this rule, no person shall sell, offer for sale, propagate, distribute, import or intentionally cause the dissemination of any invasive plant as defined in paragraph (A) of this rule in the state of Ohio.

(C) The prohibitions listed in paragraph (B) of this rule do not apply to the following:

(1) Pyrus calleryana, callery pear until January 7, 2023.

(2) Ligustrum vulgare, common privet until January 1, 2026.

(3) Reed canary grass that is sold for use as animal feed.

(D) A person may conduct the following activities with the species listed in paragraphs (A)(1) to (A)(63) of this rule in a manner that does not result in the further spread of those species:

(1) Dispose of the plant;

(2) Controlling the plant; and

(3) Using the plant for research or educational purposes pursuant to a compliance agreement issued by the department.

(E) The director of the Ohio department of agriculture or the director's authorized representative may seize, order removed from sale or distribution any plant described in paragraph (A) of this rule which has been found in violation of paragraph (B) of this rule.

(F) The director may exempt a cultivar of any invasive plant species defined in paragraph (A) of this rule if scientific evidence is presented that the cultivar is not invasive.

Last updated February 13, 2023 at 5:03 PM

Supplemental Information

Authorized By: 901.50
Amplifies: 901.50
Five Year Review Date: 2/13/2028
Prior Effective Dates: 1/7/2018

Rule 901:5-30-02 | Invasive plant advisory committee.

• Effective: June 10, 2024
• Promulgated Under: 119.03

(A) There is hereby created an invasive plant advisory committee.

(B) The advisory committee shall be considered a part of the department of agriculture for the purposes of providing advice to the director on matters regarding invasive plants, including but not limited to the identification of invasive plant species and cultivars and the establishment of prohibited activities regarding those species and cultivars.

(C) The advisory committee shall consist of the following members:

(1) The director of the department of agriculture or their designee, who shall be the chairperson of the advisory committee;

(2) The director of the Ohio department of natural resources or their designee;

(3) The director of the Ohio environmental protection agency or their designee; and

(4) The following representatives as appointed by the director of the department of agriculture:

(a) A member of academia with knowledge of invasive plants and horticulture employed at college or university located in this state; and

(b) An individual who represents the interests of the nursery and landscaping industry.

(D) The advisory committee shall hold at least one regular meeting each year and may hold additional meetings at times that the chairperson or a majority of the advisory committee members considers appropriate.

(E) Notice of hearings:

(1) Regular meetings: Notice of all of the advisory board's regularly scheduled meetings, including date, starting time, and location will be posted on the Ohio department of agriculture's web site www.agri.ohio.gov at least ten days in advance of all scheduled meetings.

(2) Special meetings: Notice of date, time, place, and purpose of any special meetings will be posted on the Ohio department of agriculture's website www.agri.ohio.gov at least twenty-four hours prior to said meeting. Notice may also be sent to other media outlets that requested such information.

(3) Emergency meetings: Notice of date, time, location, and purpose of all emergency meetings will be given to all news media who requested prior notification, and the meeting notice will be posted in the department's website www.agri.ohio.gov.

(4) Any person may obtain prior notice of the date, time, and location of any regularly scheduled, special, or emergency, meetings when a particular type of business is to be discussed by requesting prior notification in writing at [e-mail] or writing to the "Ohio Department of Agriculture, Division of Plant Health, 8995 East Main Street, Reynoldsburg, Ohio 43068."

(F) A majority of the advisory committee constitutes a quorum. The advisory committee may act only if a quorum is present and only by a majority vote of the members. The advisory committee may create subcommittees that it considers appropriate to make recommendations to the committee. Subcommittees may include members who do not serve on the committee.

(G) Members of the advisory committee shall receive no compensation for their services and may be removed from the advisory committee at anytime by the director.

Last updated June 10, 2024 at 8:28 AM

Supplemental Information

Authorized By: 901.50
Amplifies: 901.50
Five Year Review Date: 6/10/2029
Prior Effective Dates: 1/7/2018