Ms. Erin Williams
VDACS
Division of Consumer Protection
102 Governor Street
Richmond, VA 23219

September 13, 2013

RE: Recommendations for Regulations for Enforcement of Noxious Weed Law
        2 VAC 5-317

Dear Ms. Williams:

Arlington County is pleased that the Department of Agriculture is including additional species to the Regulations for Enforcement of Noxious Weed Law. It is a step in the right direction. Continuing in that direction, we’d like to suggest further changes to address the serious economic and environmental impacts caused by invasive plant species.

We have identified invasive plants as the greatest and most immediate threat to the continued survival of Arlington’s natural lands and native plant communities.  Improving state regulations which ban invasive plant species is an opportunity to limit the further spread of these species in Arlington County. Although species such as Tropical soda apple, Giant hogweed and Wavyleaf basketgrass are helpful to include on VDAC’s list, we think that a more science-based and comprehensive species list would have far greater impact in limiting the spread of invasive plants.

We believe that the work done the Department of Conservation and Recreation (DCR) on its Invasive Alien Plant Species of Virginia is well researched.  We propose that the plants on the DCR list form the basis for those addressed by the Noxious Weed Law.

We propose that the regulations:

• Include any species listed on the most current DCR list as highly or moderately invasive in the noxious weed list.

• Phase out any species listed on the DCR list as invasive from commercial sale. For trees, growers should be prohibited from starting new plants once listed.  Trees currently in production would be allowed to be sold with a warning (see below), unless quarantined or restricted for other reasons. Other plants that are currently in production in Virginia may be continued to be sold for a period of up to 2 years, unless quarantined or restricted for other reasons.

• Require labeling of commercially available noxious weeds during the time that they are still permitted to be sold (as noted above). The label shall include a warning stating that the species are invasive and shall include a listing of non-invasive alternative plant species.

• Permit local jurisdictions to create lists of invasive plant species to be banned from sale and distribution within their jurisdiction.

• Require the review of the noxious weed species list every two years and include public input by a wide range of stakeholder groups.

In conclusion, we think that if these changes are incorporated into the regulation it will have a substantial, positive impact on the environment. We respectfully urge the Department of Agriculture to carefully consider these proposed changes and we thank you for the opportunity to comment on the proposed changes.

Sincerely,

Caroline Temmermand
Arlington County Government
Division Chief, Parks and Natural Resources