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Is Tree of heaven illegal in West Virginia?
Sources (3)
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 West Virginia's official list says
| List / legal category | Listed as | List note | What it means |
|---|---|---|---|
| Noxious weed (W. Va. Code R. § 61-14A-5) — no moving, shipping or delivering into or within WV without a permit | Ailanthus altissima | tree of heaven | Legally regulated — restrictions apply |
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?
Noxious-weed rules can require control or restrict moving the plant (including soil, seed and cuttings). Check the exact wording above and the linked law.
Native alternatives for West 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 West 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 Virginia Washington Wisconsin
See every plant on West 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.