HB88 • 2026

Highway rights-of-way; invasive species.

An Act to amend and reenact § 33.2-217 of the Code of Virginia, relating to highway rights-of-way; invasive species; report.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Laufer
Last action: 2026-04-06
Official status: Acts of Assembly Chapter
Effective date: Not listed

Plain English Breakdown

The official source does not specify what actions should be taken if invasive plants are found on state highways.

Highway Rights-of-Way; Invasive Species

This act stops the Commonwealth Transportation Board and Commissioner of Highways from planting invasive plants along state highways and requires a review to manage these plants.

What This Bill Does

Prohibits the Commonwealth Transportation Board and Commissioner of Highways from planting or allowing any invasive plant on the list created by the Department of Conservation and Recreation on state highway rights-of-way.
Removes the requirement for the Board to remove specific listed plants if declared injurious by local government.
Requires the Department of Transportation to review processes and resources needed to manage invasive plant species along highways.
Develops options for removing or controlling invasive plants and managing them in the future.
Submits a report on findings to certain committees by December 1, 2027.

Who It Names or Affects

The Commonwealth Transportation Board
The Commissioner of Highways
The Department of Transportation

Terms To Know

Invasive species: Plants that can harm the environment, economy, or human health.
Right-of-way: The land along a highway where plants and other structures are managed by transportation authorities.

Limits and Unknowns

Does not specify what will happen if invasive plants are found on state highways.
Does not provide funding for the removal or control of invasive species.
Does not detail how the review process will be conducted.

Bill History

2026-04-06 Governor
Approved by Governor-Chapter 63 (effective 7/1/2026)
2026-04-06 Governor
Approved by Governor-Chapter 63 (effective 7/1/2026)
2026-04-06 Governor
Acts of Assembly Chapter text (CHAP0063)
2026-03-10 House
Enrolled Bill communicated to Governor on March 10, 2026
2026-03-10 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-04 House
Signed by Speaker
2026-03-04 Senate
Signed by President
2026-03-04 House
Enrolled
2026-03-04 House
Bill text as passed House and Senate (HB88ER)
2026-03-04 House
Fiscal Impact Statement from Department of Planning and Budget (HB88)
2026-02-27 Senate
Read third time
2026-02-27 Senate
Passed Senate Block Vote (37-Y 0-N 0-A)
2026-02-26 Senate
Rules suspended
2026-02-26 Senate
Passed by for the day
2026-02-26 Senate
Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)
2026-02-26 Senate
Passed by for the day Block Vote (Voice Vote)
2026-02-26 Appropriations
Fiscal Impact Statement from Department of Planning and Budget (HB88)
2026-02-25 Finance and Appropriations
Reported from Finance and Appropriations (13-Y 0-N)
2026-02-19 Transportation
Reported from Transportation and rereferred to Finance and Appropriations (15-Y 0-N)
2026-02-13 Senate
Constitutional reading dispensed (on 1st reading)
2026-02-13 Transportation
Referred to Committee on Transportation
2026-02-12 House
Read third time and passed House Block Vote (98-Y 0-N 0-A)
2026-02-11 House
Read second time
2026-02-11 House
committee substitute rejected
2026-02-11 House
committee substitute agreed to
2026-02-11 House
Engrossed by House - committee substitute
2026-02-10 House
Read first time
2026-02-06 Appropriations
Reported from Appropriations with substitute (22-Y 0-N)
2026-02-06 Appropriations
Committee substitute printed 26107203D-H2
2026-02-04 Transportation & Public Safety
Subcommittee recommends reporting with substitute (7-Y 0-N)
2026-02-04 Transportation & Public Safety
House subcommittee offered
2026-01-29 Transportation & Public Safety
Assigned HAPP sub: Transportation & Public Safety
2026-01-29 Transportation
Reported from Transportation with substitute and referred to Appropriations (21-Y 0-N)
2026-01-29 Transportation
Committee substitute printed 26106402D-H1
2026-01-27 Transportation Infrastructure and Funding
Subcommittee recommends reporting with substitute and referring to Appropriations (10-Y 0-N)
2026-01-21 House
Fiscal Impact Statement from Department of Planning and Budget (HB88)
2026-01-19 Transportation Infrastructure and Funding
Assigned HTRAN sub: Transportation Infrastructure and Funding
2026-01-01 House
Prefiled and ordered printed; Offered 01-14-2026 26102366D
2026-01-01 Transportation
Referred to Committee on Transportation

Official Summary Text

Highway rights-of-way; invasive species.
Prohibits the Commonwealth Transportation Board (the Board) and Commissioner of Highways from planting or causing or suffering to be planted any invasive plant on the list of invasive plants created by the Department of Conservation and Recreation on the right-of-way of any state highway. Current law prohibits the planting of three listed plants if the governing body of the locality declares such weeds or plants to be injurious and requires the Board to remove such plants. The bill removes such requirement for the Board to remove such plants and requires the Department of Transportation to conduct a review of the processes and resources that are necessary and appropriate to (i) determine the prevalence of invasive plants on the list of invasive plant species created by the Department of Conservation and Recreation and develop options for establishing and implementing a plan to remove or control such plants and manage such plants on an ongoing basis.

Current Bill Text

Read the full stored bill text

An Act to amend and reenact §
33.2-217
of the Code of Virginia, relating to highway rights-of-way; invasive species; report.
Be it enacted by the General Assembly of Virginia:
1. That §
33.2-217
of the Code of Virginia is amended and reenacted as follows:
§
33.2-217
. Prohibition of certain weeds and plants on highway rights-of-way; report.
Neither the Board nor the Commissioner of Highways shall plant or cause or suffer to be planted on the right-of-way of any state highway any
of the weeds or plants known as devil shoestring (Tephrosia virginiana), Johnson grass (Sorghum halepense), or barberry (Berberis vulgaris) if the governing body of the county in which the highway is located declares by resolution such weeds or plants to be injurious to adjacent property
invasive plant on the list of invasive plants created pursuant to §
10.1-104.6:2
.
The Board shall cause all such weeds or plants planted or caused to be planted by the Board or Commissioner of Highways on any state highway right-of-way to be dug up and destroyed.
Any owner of land adjacent to any state or other public highway right-of-way, or his agents and employees, may dig up, cut down, or otherwise remove and destroy any of such plants or weeds and any other plants or weeds that are or may become noxious or otherwise injurious to his property found growing upon any state or other public highway right-of-way adjacent to his land.
2. That the Department of Transportation, in coordination with the Department of Conservation and Recreation and after consultation with the invasive species advisory group created pursuant to §
2.2-220.2
of the Code of Virginia, shall conduct a review of the processes and resources that are necessary and appropriate to (i) determine the prevalence of invasive plants on the list of invasive plant species created pursuant to §
10.1-104.6:2
of the Code of Virginia on any state highway right-of-way and (ii) develop options for establishing and implementing a plan to remove or control such plants and manage such plants on an ongoing basis. The Department of Transportation shall submit a report of its findings to the Chairs of the House Committee on Appropriations, the Senate Committee on Finance and Appropriations, and the House and Senate Committees on Transportation no later than December 1, 2027.