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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Species removed
Brazilian pepper, melaleuca, Australian pine
Deadline
Before Certificate of Occupancy or Improvement Facilities acceptance
Governing section
LDC § 4.01.06.E
Setback trade-off
Up to 50% reduction for clearing infested conservation areas
Max penalty
$500 fine or 60 days jail per violation
Enforcing body
Hillsborough County Code Enforcement Board

Summary

Hillsborough County requires developers to remove three invasive plant species, Brazilian pepper, melaleuca and Australian pine, from developable uplands, buffers and setback areas before the county will issue a Certificate of Occupancy or accept Improvement Facilities. The mandate runs under LDC § 4.01.06.E and is tied to the site's Natural Resources Permit.

City-specific rules exist: Tampa has its own prohibited species rules that differ from Hillsborough County's county-level regulations. If you live in Tampa, check the city-specific page instead.

1. The invasive plant species listed below shall be removed during the development process:

Schinus terebinthifolius (Brazilian Pepper Tree)

Melaleuca quinquenervia (Cajaput or Melaleuca)

Casuarina spp. (Australian Pine)

2. Removal of these species from developable uplands, and all buffers and setback areas landward of required erosion control devices, if any through hand, mechanical and/or chemical means, from a site development or subdivision project shall be completed prior to issuance of the Certificate of Occupancy or acceptance of Improvement Facilities, respectively, as specified in the Natural Resources Permit. Removal shall only be required for the portion of the project described in the Natural Resources Permit. However, removal is not required on a subdivision lot(s) when the lot(s) will not be altered, with the exception of utilities installation, during the construction of Improvement Facilities. Removal shall occur at the time of building construction.

Full Breakdown

E of the Land Development Code lists three invasive species that must be cleared during development: Schinus terebinthifolius (Brazilian pepper tree), Melaleuca quinquenervia (cajaput or melaleuca) and Casuarina spp. (Australian pine). Removal covers developable uplands and all buffers and setback areas landward of any required erosion control devices, using hand, mechanical or chemical means. The work has to be finished before Hillsborough County issues a Certificate of Occupancy for a site development project, or before it accepts Improvement Facilities on a subdivision, and only the portion of the project described in the Natural Resources Permit is covered.

A subdivision lot that will not be altered, aside from utility installation, during construction of the Improvement Facilities is exempt; removal on that lot instead happens at the time of building construction. 6 tree-replacement requirement by up to 50 percent, in exchange for clearing the invasive plants from that area. A pool built under that trade-off can sit as close as five feet to a conservation area and 15 feet to a preservation area. Separately, the Administrator, after consulting the relevant regulatory agencies, can waive removal altogether if clearing the species would itself cause adverse environmental impacts, such as disturbing a listed plant or animal species, degrading a natural plant community, or promoting wind or water soil erosion.

Violations & Fines

Skipping the required removal is a Land Development Code violation under § 11.06.01. Hillsborough County enforces it through the Code Enforcement Board, the Board of County Commissioners' injunction authority, or state prosecution under F.S. § 125.69. The Administrator's written notice gives 15 calendar days to correct, with one 10-day extension possible; unresolved violations carry a fine up to $500 or up to 60 days in the county jail, and each day the violation continues is a separate offense.

Frequently Asked Questions

Which invasive species does Hillsborough County require removed during development?
LDC § 4.01.06.E names three: Schinus terebinthifolius (Brazilian pepper tree), Melaleuca quinquenervia (cajaput or melaleuca) and Casuarina spp. (Australian pine). Developers must clear these from developable uplands and from buffer and setback areas landward of any erosion control devices before Hillsborough County issues a Certificate of Occupancy or accepts the project's Improvement Facilities, as specified in the site's Natural Resources Permit.
Does every lot in a subdivision have to be cleared of invasive plants?
No. A subdivision lot is exempt from the removal requirement if it will not be altered during construction of the Improvement Facilities, aside from utility installation. On an exempt lot, removal instead has to happen when the building itself is constructed, not at subdivision acceptance.
Can a developer get setback relief by removing invasive plants?
Yes. If the County and the EPC find a significant infestation inside a conservation or preservation area, the Administrator can let the developer reduce the required setback, or the tree-replacement requirement, by up to 50 percent in exchange for clearing the invasive species from that area.
What happens if a developer skips the required invasive plant removal?
It is a Land Development Code violation under § 11.06.01, enforced by the Code Enforcement Board, the Board of County Commissioners, or state prosecution. The Administrator issues a written notice giving 15 days to correct, and continued noncompliance can bring a fine up to $500 or 60 days in jail, with each day counted separately.

Sources & Official References

Other rules in Hillsborough County

All Hillsborough County rules

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