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Daytona Beach, FL Invasive Plant Rules: Prohibited Species (2026)

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

Key Facts

Listed nuisance species
Australian pine, Brazilian pepper, Chinaberry, citrus, eucalyptus, punk tree, women's tongue
Removal permit needed
None; exempt under § 6.15.A.2.c(v)
Canopy credit for nuisance trees
Zero; excluded from 15% canopy calculation
Specimen tree status
Excluded regardless of trunk diameter
First-offense civil penalty (misclassified removal)
$100.00
Repeat-offense civil penalty
$250.00
Governing section
Land Development Code § 6.15.A

Summary

Daytona Beach's Land Development Code names seven invasive tree species as 'nuisance trees': Australian pine, Brazilian pepper, Chinaberry, citrus, eucalyptus, punk tree and women's tongue. Owners can remove them without a Tree Removal Permit, and the trees earn no credit toward the City's canopy, specimen tree or historic tree protections.

Tree, Nuisance. Any of the following types of trees: Australian pine; Brazilian pepper tree; Chinaberry tree; citrus tree; eucalyptus tree; punk tree; women's tongue. ... The following tree removal activities are exempt from the requirements of this section: ... v.Removal of a nuisance tree, as defined by this Code; ... All trees (except historic trees or nuisance trees) with a minimum DBH of two and one-half inches may be used in meeting this requirement. ... a "specimen tree" is defined as any existing, healthy trees (except nuisance trees and pine trees) with a DBH of 12 inches or greater.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 78 | Land Development Code: Supplement 36).

Full Breakdown

A, Tree Preservation, requires most development in the City to retain at least 15 percent tree canopy coverage and protect qualifying specimen and historic trees before a Tree Removal Permit, Site Plan, Planned Development or Building Permit is approved. The Land Development Code carves the seven nuisance species out of every one of those protections. c(v), removing a nuisance tree is one of the activities exempt from the section's requirements entirely, so no Tree Removal Permit review is needed to take one down. a(i) goes further: when multifamily, mixed-use or nonresidential projects calculate the six diameter-inches of retained trees required per 2,500 square feet of site to satisfy canopy coverage, nuisance trees (along with historic trees) cannot be counted toward that total.

a excludes nuisance trees from qualifying as a 'specimen tree' no matter their trunk diameter, a status that otherwise forces retention of large healthy trees at 12 inches DBH or greater; pine trees get the same carve-out. Practically, this means a homeowner or developer can clear Brazilian pepper or Australian pine on a lot without filing paperwork, but cannot lean on those same trees to hit landscaping or tree-canopy minimums elsewhere on the site. Because the exemption turns on correctly identifying the species, City staff can still require documentation, and misclassifying a protected oak or other species as a 'nuisance tree' converts the removal into an unpermitted tree removal under the Code.

Violations & Fines

Removing a tree that is not actually one of the seven listed nuisance species without a Tree Removal Permit is a Code violation under Section 10.4. A first citation carries a $100.00 civil penalty, a repeat violation carries $250.00, and contesting the citation in county court exposes the violator to a civil penalty of up to $500.00. The Code Enforcement Board or a Special Magistrate can also impose administrative fines under F.S. 162.09-10, and any resulting fine or lien is recorded against the property with the Volusia County Clerk of the Circuit Court.

Frequently Asked Questions

Do I need a permit to remove a nuisance tree in Daytona Beach?
No. Section 6.15.A.2.c(v) of the Land Development Code exempts removal of a 'nuisance tree' from the City's Tree Removal Permit requirement entirely. The Code defines nuisance trees as Australian pine, Brazilian pepper tree, Chinaberry tree, citrus tree, eucalyptus tree, punk tree and women's tongue, so these seven species can come down without City staff review.
Can a nuisance tree count toward my required tree canopy coverage?
No. Section 6.15.A.5.a(i) excludes nuisance trees, along with historic trees, from the diameter-inch calculation multifamily, mixed-use and nonresidential developments must meet to satisfy the City's 15 percent tree canopy standard, so keeping or planting one earns zero credit toward that requirement.
Is a large Brazilian pepper tree protected as a specimen tree?
No, regardless of size. Section 6.15.A.6.a defines a 'specimen tree' as any healthy tree with a trunk diameter of 12 inches or greater 'except nuisance trees and pine trees,' so a large Brazilian pepper never triggers the retention requirements that protect other large trees on a development site.
What happens if I remove a tree while wrongly claiming it is a nuisance species?
You risk a Code Enforcement citation under Section 10.4 for unpermitted tree removal: a $100.00 civil penalty for a first violation, $250.00 for a repeat violation, and up to $500.00 if you contest it in county court, plus possible Code Enforcement Board administrative fines and a lien recorded with the Volusia County Clerk of the Circuit Court.

Sources & Official References

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