PlantLegitIs it illegal? › Tree of heaven › Virginia
Is Tree of heaven illegal in Virginia?
Sources (6)
- 2VAC5-317-20 Tier 1/2/3 noxious weeds (VDACS; eff. July 4, 2024) – Virginia Legislative Information System
- 2VAC5-317 full chapter (prohibitions, permits) – Virginia Legislative Information System
- VDACS Noxious Weeds program – Virginia Department of Agriculture and Consumer Services
- VA DCR Invasive Plant Species List 2024 – Virginia Department of Conservation and Recreation
- Virginia Code § 15.2-901.1 – Running bamboo control by localities (Virginia Legislative Information System)
- Va. Code § 3.2-3801.1 (effective Jan 1, 2027) — retail signage for 39 invasive species – Virginia Legislative Information System
Also called: Ailanthus altissima. Last checked against official sources: 2026-10-14.
Federal noxious weed list (7 CFR 360.200): Tree of heaven is not listed.
What Virginia's official list says
| List / legal category | Listed as | List note | What it means |
|---|---|---|---|
| Tier 3 noxious weed — sale and movement prohibited; control not required | Ailanthus altissima | Tree of heaven | Yes — listed as prohibited |
| DCR invasive — High (educational, not a legal ban) | Ailanthus altissima | Tree-of-heaven | Not illegal — advisory invasive list only |
Effective dates
- The official list entry does not state a separate effective date for this species. See the linked law for when the listing took effect.
Already have it in your yard?
Most state invasive-plant laws, including the list wording above, target selling, distributing, propagating or planting. They generally do not order you to remove a plant already in your yard, but some noxious-weed laws do require control. Read the linked law or ask your county Extension office.
Native alternatives for Virginia
- Staghorn sumac (Rhus typhina)
- Smooth sumac (Rhus glabra)
- Hoptree (Ptelea trifoliata)
- Kentucky coffeetree (Gymnocladus dioicus)
- Tulip poplar (Liriodendron tulipifera)
Each is recorded as native to Virginia in the USDA NRCS PLANTS Database state distribution (retrieved 2026-10-14). Check size, sun and soil fit for your site with your local Extension office.
More native swaps with hardiness, light and size →
Tree of heaven in other states
Arizona California Colorado Connecticut Delaware Illinois Indiana Maine Massachusetts Minnesota New Hampshire New Jersey New Mexico Ohio Oregon Pennsylvania Vermont Washington West Virginia Wisconsin
See every plant on Virginia's invasive & noxious plant lists, or check any plant.
Not legal advice. PlantLegit summarizes official lists and links the source. Laws change, local (county/city) rules may add restrictions, and the official text controls. "What it means" is our plain-English label; read the exact list wording. Confirm with the agency before buying, selling or removing plants. Full disclaimer.