As gardeners, we often identify our weeds as invasive, but under Ohio law, there are specific designations of weeds and certain legal processes that can apply to them.
First, there are noxious weeds, for which the law creates a duty to remove from property. Public property, like road rights-of-way, are to be cleared of noxious weeds by the government authority in charge of the road. Private property owners can also be required to remove noxious weeds, either by local municipal ordinance or by the township trustees.
Noxious weeds are generally considered those that can cause injury to agricultural crops or livestock due to their invasiveness, toxicity and other harmful characteristics, and may also negatively impact people and ecosystems. Under Ohio law, noxious weeds include things like shatter cane, Russian thistle, and other plants deemed to be noxious weeds by the Director of the Ohio Department of Agriculture. A full list of currently designated noxious weeds can be found at https://codes.ohio.gov/ohio-administrative-code/rule-901:5-37-01.
Invasive plants in contrast, are those plant species that are not native to this state and whose introduction is likely to cause economic or environmental harm or harm to human health. It is important to note that “invasive plants” by legal definition cannot include native species, nor can it include cultivated plants grown as food or livestock feed and in accordance with generally accepted agricultural practices. So while a native plant may be an aggressive spreader, as a native plant, it cannot be considered invasive.
As with noxious weeds, the director of the Ohio Department of Agriculture has the authority to regulate invasive plant species in the state, including identification and determining prohibited activities. Once a plant is added to the invasive plant species list, it is prohibited to sell, propagate, distribute, import, or intentionally disseminate any of those plants within Ohio. You can see a full list of designated invasive plant species at https://agri.ohio.gov/divisions/planthealth/invasive-pests/invasive-and-noxiousplants/ invasive-plants.
You may have heard that the Callery Pear, or commonly called Bradford Pear, is a newer addition to our invasive plant species and is no longer sold in Ohio. Another new addition is the common privet (Ligustrum vulgare), which will officially be added as an invasive species on Jan. 1, 2026. Unlike noxious weeds, there isn’t necessarily a general legal process or requirement that landowners (private or public)remove invasive species from their property.
Because cities have a unique authority to regulate nuisances and zoning, we have seen some Ohio cities take steps to regulate invasive species as well. The city of Worthington has an ordinance that requires a bamboo owner to confine the plant to their property. Penalties can include a $100/day fine for each day the bamboo remains after a 10-day notice. The city of Yellow Springs has an ordinance making it illegal to plant any species deemed invasive by the Director of Agriculture.
Other unique programs like a “Bradford Pear Bounty” have been created in cities like New Albany, where landowners can receive a new tree to replace a removed invasive Callery Pear on their property.
Noxious weeds and invasive species both represent significant threats to human and animal health and the natural ecosystem. New species can be added to these lists as threats increase. The spread of these species. At the same time, these plants are problematic because of their aggressive spread, so we must realize that invasive removal is a long-term project rather than a one-time fix.
Source: Leah Curtis, Fairfield County Master Gardener Volunteer
This article originally appeared on Farmers Advance: OSU Extension: How we classify weeds in Ohio
Reporting by Connie Smith / Farmers Advance
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