Control Area For Giant Reed (Cane) Grass Arundo donax in Oregon

603-052-1206

Definitions

As used in OAR 603-052-1206 to 603-052-1211 unless the context requires otherwise:

(1) “Giant reed” or “giant cane grass” means the plant species Arundo donax L. For 

purposes of this rule the term “giant reed” or “giant cane grass” applies to whole 

plants, plant parts, rhizomes, harvested plant parts, and seeds. For purposes of this 

rule, “giant reed” or “giant cane grass” does not include variegated varieties of giant 

reed as defined in subsection (4) of this section.

(2) “Feral giant reed” means whole plants of the plant species Arundo donax growing 

outside of permitted production areas or as otherwise inconsistent with this rule.

(3) “Riparian area” means a zone of transition from an aquatic ecosystem to a terrestrial 

ecosystem, dependent upon surface or subsurface water, that reveals through the 

zone’s existing or potential soil-vegetation complex the influence of such surface or 

subsurface water. 

(4) “Special Flood Hazard Area” means an area inundated during the 1% annual flood 

(also known as 100-year flood or a base flood) as determined from the January 2011 

version of the Flood Insurance Rate Maps of the Federal Emergency Management 

Agency (FEMA) available through the Department of Land Conservation and 

Development at:

<http://oregonriskmap.com/index.php?option=com_content&view=category&id=11

&Itemid=12>.

(5) “Variegated varieties of giant reed” means horticultural varieties of Arundo donax

with striped or spotted leaves. Variegated varieties may include but are not limited to 

varieties marketed as “Peppermint Stick,” “Variegata,” and “Golden Chain,” or other 

ornamental varieties that can be visually distinguished from “giant reed” or “giant 

cane grass.”

(6) “Wetland” means areas that are naturally inundated or saturated by surface or ground 

water at a frequency and duration sufficient to support, and that under normal 

circumstances do support, a prevalence of vegetation typically adapted for life in 

saturated soil conditions.

603-052-1209

Purpose

Giant reed, Arundo donax, is a promising bio-energy crop because of its high biomass 

yield. It is also grown as an ornamental and as a source of reeds for woodwind 

instruments. Giant reed is highly invasive in riparian areas in some regions of the United

States such as California, Texas, and Florida. It is the intent and purpose of OAR 603-

052-1206 to 603-052-1211 to balance goals to develop new agricultural crops and 

support renewable energy development from agricultural feedstocks while protecting 

natural resources and preventing the establishment of giant reed in riparian areas where it 

could cause major negative impacts to the natural resources of the State of Oregon.

603-052-1211

Control Area
(1) As authorized by ORS 570.405, a statewide control area is established to reduce the 

risk of uncontrolled spread of giant reed into the environment in order to protect the 

horticultural, agricultural or forest industries of the state.

(2) Extent of Control Area: All of the State of Oregon.

(3) Commodities Covered: All life stages of giant reed, Arundo donax.

(4) Prohibited Acts

(a) Giant reed is prohibited from being imported, planted, propagated, or grown

except as allowed in this rule in sections (5) through (7) below.

(b) Giant reed shall not be planted, grown, or stored in riparian areas, wetlands, or 

special flood hazard areas (100-year flood plains) or in a 100 ft. buffer beyond the 

edge of riparian areas, wetlands, or flood hazard areas.

(5) Permit Requirements

(a) Except as specified in OAR 603-053-1211(7)(b), giant reed shall not be planted or 

grown in Oregon without a permit from the Oregon Department of Agriculture

(ODA).

(b) Applications for permit must be in writing to ODA and include specific locations,

detailed maps of the field locations, and any water bodies in the vicinity of all 

proposed field locations. Applications for a permit to produce giant reed must be 

sent to: Plant Program Area Director, Oregon Department of Agriculture, 635 

Capitol St. NE, Salem, OR 97304 or emailed to: <dhilburn@oda.state.or.us>.

(c) ODA will review the application upon its receipt and share the application 

information with noxious weed control officials in the county(ies) where 

production of giant reed is grown or proposed to be grown.

(d) ODA may deny an application or may issue a permit with any conditions as may 

be necessary to prevent the uncontrolled spread of giant reed or as necessary to 

protect the horticultural, agricultural or forest industries of the state. Conditions 

that ODA may require include, but are not limited to, conditions requiring 

notification to ODA of the dates when giant reed fields are planted and are taken 

out of production, annual updates on field locations, or any other precautions 

related to site-specific risk factors presented by a proposed growing location. 

(e) Permit holders will be assessed an annual fee of $2.00 per acre payable to ODA 

before planting and every twelve months thereafter, to cover the cost of 

monitoring fields where giant reed is produced and the cost of surveys for feral 

giant reed in the environment. Monitoring and surveys are necessary to ensure 

that giant reed has not escaped outside of contracted production areas and is 

necessary for enforcing the terms of the control area established in this rule.

(f) Any equipment used in giant reed production fields must be cleaned free of soil 

and plant debris prior to leaving production fields.

(g) Planting stock from outside Oregon must be washed free of soil and must be 

accompanied by a phytosanitary certificate indicating that the stock has been 

inspected and found free of soil and harmful pests, diseases, and weeds.

(h) In-state producers of biofuel planting stock are subject to the same requirements 

as biofuel producers.

(i) Green giant reed must not be transported outside the fields where it is grown 

unless it is in a covered container or the load is tarped. Harvested giant reed that is 

conditioned (crushing, chipping, chopping, or shredding) and dried in the field
need not be transported in closed containers and such loads need not be tarped

(e.g. bales of giant reed). 

(6) Bond; Conditions for Ceasing Production of Giant Reed

(a) Contractors (or growers if there is no contractor) for the production of giant reed 

for other than ornamental or woodwind reed purposes (see (7) below) must supply

a bond or another form of acceptable collateral furnished by a surety company 

authorized to do business in Oregon in favor of the State of Oregon through its

Department of Agriculture. The amount of the bond/collateral will be $100/acre 

up to a maximum of $1,000,000. The permit will not be issued until the 

Department has received the bond/collateral. The purpose of the bond is to cover 

any and all costs associated with the detection and eradication of giant reed inside 

or outside of production fields if the Department determines feral giant reed must 

be eradicated in order to protect the agricultural, horticultural or forest resources 

of the State. The bond/collateral must be in place for the duration of permitted 

production and remain effective for 3 years after production ceases.

(b) The holder of a permit for the production of giant reed that ceases production of 

giant reed must completely eradicate giant reed in a manner that prevents former 

giant reed production fields from becoming a source of propagules that could lead 

to accidental spread of giant reed in the wild.

(c) Any holder of a permit issued by ODA must monitor any and all areas upon 

which giant reed was produced under permit for at least three years after 

production ceases to ensure that all giant reed plants are killed and any source of 

propagules are eradicated. ODA may require additional monitoring time as it 

determines is necessary to assure complete eradication of giant reed from areas 

under contract for production.

(d) Any and all costs associated with eradication of giant reed in production fields 

and adjacent property owned or controlled by the producer after production has 

ceased is the responsibility of the permit holder.

(e) Oregon State University Research and Extension Centers are exempt from 

sections (5)(a) and (6)(a) of this rule for the purpose of allowing research related 

to giant reed production and control.

(7) Conditions for Ornamental and Woodwind Reed Plantings

Giant reed has been used as an ornamental plant in Oregon for many years. It is also 

grown as a source for woodwind reeds. Ornamental or woodwind reed plantings 

could result in feral populations. In order to lower the risk of ornamental or 

woodwind reed plants becoming feral, giant reed is being phased out of the nursery 

trade. Variegated varieties such as “Peppermint Stick,” “Variegata,” and “Golden 

Chain,” may continue to be grown and sold in Oregon unless ODA and State Weed 

Board list giant reed as a noxious weed. 

(a) After December 31, 2013, only variegated varieties of giant reed may be sold in 

Oregon for ornamental or woodwind reed purposes.

(b) A permit is not required for ornamental or woodwind reed plantings of variegated 

varieties of giant reed totaling less than 1⁄4 acre. 

(c) Ornamental and woodwind reed plantings of giant reed existing before these rules 

were adopted will not be considered feral unless they are in Special Flood Hazard 

Areas or the ODA determines such populations are becoming invasive. Any 
plantings of giant reed or variegated varieties of giant reed over 1⁄4 acres are 

subject to the permitting requirements in OAR 603-052-1211(5).

(d) If the ODA and the State Weed Board determine giant reed is a noxious weed, all 

ornamental uses of giant reed shall terminate and all production will require a 

permit.

(8) Eradication and Control of Giant Reed

(a) Except as stated in (7) above, ODA considers giant reed plants detected outside of 

contracted production fields as feral plants, which shall be eradicated or 

controlled.

(b) Any person owning or occupying property upon which feral giant reed is detected 

must contact the ODA within 48 hours of detection.

(c) Upon detection of feral giant reed, ODA may develop a survey, eradication, and 

monitoring plan to control or eradicate detected feral giant reed. Consistent with 

its authorities, ODA may develop and conduct appropriate measures to control or 

eradicate feral giant reed, may enter into a contract for the purpose of controlling 

or eradicating feral giant reed, or take any measures necessary to control or 

eradicate feral giant reed consistent with law.

(d) Control or eradication of feral giant reed may be implemented at no cost to a 

person owning or controlling land within this state upon which feral giant reed is 

detected. However, ODA may request any person owning or controlling land 

within this state to control, prevent the spread of, or eradicate feral giant reed, 

subject to supervision of such activities by ODA.

(e) If ODA is unable to control or eradicate feral giant reed on private property, then 

consistent with the provision of ORS 570.405(2), any person owning or 

controlling land within this state must take measures to eliminate or prevent the 

possibility of spread of feral giant reed to other lands and ownerships. Control 

measures for feral giant reed must be implemented in a timely manner as 

determined by ODA. Treatments must provide sufficient levels of control to make 

progress toward the goal of eradication.

(9) Review

(a) ODA will conduct a thorough review of these rules after PGE’s test burn (now 

scheduled for 2014) and before large acreages of giant reed are planted. The best 

available science, experience with test plots, survey results, and plans for 

expansion of giant reed production will be taken into consideration when 

determining whether these rules should be amended.

(b) Before December 31, 2022, the Department will conduct a thorough review of the 

effectiveness and necessity for this rule. If by that date giant reed has not been 

declared a noxious weed by ODA and the State Weed Board, the bond/collateral 

requirement (6)(a) sunsets unless specifically extended via amendment to this 

rule.

Stat. Auth.: ORS 570.405

Stats. Implemented: ORS 570.405

Effective 12/12/2012