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Charlotte County, FL Invasive Plant Rules: Prohibited Species (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Category I species
planting strictly prohibited
Category II species
discouraged, no tree-point credit
Existing Category I trees
must be removed at site prep
Removal permit
not required for Cat. I/II trees
Banyan trees
banned within 50 ft of structures/ROW
First-offense penalty
written warning, removal required
Repeat-offense fine
$100, then $200 per occurrence

Summary

Charlotte County outright bans planting any Category I invasive species from the Florida Exotic Pest Plant Council's list under land development code Sec. 3-9-100.3(m), and existing Category I trees found on a development site must be removed during site preparation. Category II species aren't banned but can't be counted toward a project's required tree points.

These county ordinances apply to unincorporated areas of Charlotte County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(m)Prohibited trees. The planting of any prohibited species of tree, as identified in the most recent edition of the Florida Exotic Pest Plant Council's Invasive Plant List as a Category I Invasive Species, shall be strictly prohibited. The planting of trees identified as a Category II Invasive Species is strongly discouraged. ... Prohibited tree: a tree of undesirable or exotic species which disrupts natural habitats or are otherwise destructive. Trees listed as Category I Invasive Species on the most recent edition of the Florida Exotic Pest Plant Council's Invasive Plant List shall be prohibited. Trees listed as Category II Invasive Species are highly discouraged and cannot be counted towards a development's minimum tree requirements.

Full Breakdown

Sec. 3(m) of the Charlotte County Code states plainly that planting any prohibited species of tree identified in the most recent edition of the Florida Exotic Pest Plant Council's Invasive Plant List as a Category I species is strictly prohibited, while planting a Category II species is strongly discouraged. The definitions section of the same landscaping and tree chapter, Sec. 3-9-100(b), backs this up: it defines prohibited tree as a tree of undesirable or exotic species which disrupts natural habitats or is otherwise destructive, specifically naming Category I species as prohibited and requiring that any Category I tree found on a development site be removed during site preparation.

Category II species are highly discouraged and cannot be counted toward a development's minimum tree point requirement even if preserved. The tree-removal rules reinforce the ban from the other direction: Sec. 3(h)(1)c exempts Category I and II trees from the county's tree removal authorization and per-caliper-inch fee requirements, meaning a property owner can clear an invasive tree without a permit or fee, unlike a protected native tree. The code also singles out one species by name in Sec. 3(n): planting a banyan tree (Ficus benghalensis) within 50 feet of any structure or right-of-way is prohibited outright, regardless of FLEPPC category, because of the species' aggressive root system.

The county's approved species exhibit even flags Ligustrum by name as the only Ligustrum species not found on the FLEPPC invasive list, underscoring how closely the ordinance tracks that list rather than banning a genus wholesale.

Violations & Fines

Violating the planting ban is enforced through escalating fines under Sec. 3-9-100.3(q)(6): a first offense draws a written warning requiring removal of the prohibited tree, a second offense within a calendar year carries a $100 fine and a code enforcement case, and each further offense in the same year costs $200, with the county still requiring the tree's removal in every case.

Frequently Asked Questions

Can I plant a Category I invasive tree on my Charlotte County property?
No. Sec. 3-9-100.3(m) of the county code strictly prohibits planting any tree listed as a Category I invasive species on the Florida Exotic Pest Plant Council's Invasive Plant List, and any such tree already growing on a development site must be removed during site preparation.
What about Category II invasive species, like some ornamentals?
Category II plantings aren't outright banned, but the code strongly discourages them and won't let you count a Category II tree toward the minimum tree points a development is required to preserve or plant, so there's no landscaping credit for choosing one.
Do I need a permit to remove an invasive tree from my lot?
No. Sec. 3-9-100.3(h)(1)c specifically exempts trees listed as Category I or II invasive species from the county's tree removal authorization requirement and its per-caliper-inch removal fee, so an invasive tree can come down without the paperwork required for a protected native tree.
What happens if I plant a banned invasive species anyway?
The first violation gets a written warning ordering the tree removed. A second violation within the same calendar year adds a $100 fine and a code enforcement case, and every additional violation that year costs $200, on top of still having to remove the tree.

Sources & Official References

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