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

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

Dear Ms. Williams:

My name is Kimberly Paolucci and I am a resident of Herndon, VA, an Environmental Student with University of Maryland University Colleges, and I co-chair a local Habitat Heroes committee here in Herndon.  I appreciate and value the chance to comment on the proposed regulations.  I reviewed both the proposed regulations along with the current regulations and would like to address the both of them.

First, I would like to address how the current regulation.  The current definition of “Noxious Weed” as defined in Code 3.20-800 is: 

“Any living plant, not widely disseminated, or part thereof, declared by the Board through regulations under this chapter, to be detrimental to crops, surface waters, including lakes, or other desirable plants, livestock, land or other property, or to be injurious to public health or economy. “

The word disseminate, defined by Webster Dictionary, is to scatter or spread widely.  While I do not fully understand if the intent of this word was being used to mean spread widely in nature or through sales at local nurseries, I find that both are detrimental to Virginia’s local habitats.  The reason being is it does not allow for such plants as English Ivy, Autumn Olive, Japanese Honeysuckle, Honey Suckle Bush and Multiflora Rose, which are disseminated through local nurseries, Home Depot, and Lowes or Autumn Olive and found throughout the State of Virginia in our forests, riparian buffers, and our yards. 

I propose the current code be updated and the phrase “not widely disseminated” be removed.  Once this is complete, we can then address amendments to the proposed regulation and target living plants that are currently causing destruction to Virginia’s habitats. 

The United States Department of Agriculture; Natural Resources Conservation Service has a wonderful website that allows you to search various plants to see if they are prevalent in a state(s), http://plants.usda.gov/java/.  You will find all five of the plants I named are prevalent in Virginia.  You will find two of the eight plants proposed in this regulation are prevalent in Virginia:  Cogon Grass and Purple Loosestrife.  However, I am aware that Beach Vitex and Wavyleaf are notes as being harmful to Virginia’s environment as well.  I also want to point out that the proposed regulation states that “Red Baron” (Japanese blood grass) is not subject to the regulation, but nurseries are known to sell Cogon Grass under this name as a workaround.

Then next item to address is to add a Tier 3 that specifically addresses widely disseminated plants in the Commonwealth. 

Lastly, please consider how adding invasive vine plants such as English Ivy, Porcelainberry, and Oriental Bittersweet will assist the State and Local Governments with Chesapeake Bay Pollution Regulations.  Currently regulations and watershed plans seek to reduce nitrogen, phosphorus and sediment from entering into the Chesapeake watershed.  Riparian buffers are vegetated areas next to water resources that protect water resources from nonpoint source pollution and provide bank stabilization and aquatic and wildlife habitat.  Trees and other vegetation absorb these nutrients acting as a natural colander to our waterways.  The tree canopy regulates hydrology and the cycling of essential nutrients and it provides shade, which reduces the chance of the waterways from overheating.  Invasive vine plants are known to choke out trees and cause tree limbs to falls or trees to die.    The reason being, non-native vines, such as English Ivy, grow faster than the tree it wraps around.  It doesn’t die back in the winter and it doesn’t have known predators or disease.  This allows the invasive plant to choke out the tree and destroy the riparian buffer.

As a constituent of Virginia, I respectfully urge the Department of Agriculture to carefully consider the information contained in this letter along with the proposed changes and I thank you for the opportunity to comment on the proposed changes.

Sincerely,

Kimberly Paolucci

Resident, Herndon VA