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Fayetteville, NC Invasive Plant Rules: Prohibited Species (2026)

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

Key Facts

Governing section
UDO § 30-5.B.3.e.9.d
Who must comply
Owners with an approved Landscape Plan
Removal standard
No longer living in the tree canopy
Runs with land
Binds subsequent property owners
Enforcement
Civil penalty under Article 30-8
Species list
None codified; no named prohibited species

Summary

Fayetteville's landscaping code requires every property with an approved Landscape Plan to keep invasive plant species out of its required buffers, screens and canopy. The duty runs with the land: a new owner inherits the same obligation the day title transfers, and the city treats the job as done only once the invasive growth is gone from the tree canopy.

The owner shall be responsible for the maintenance of all landscape areas not in the public right-of-way. Such areas shall be maintained in accordance with the approved Landscape Plan or Alternative Landscape Plan and shall present a healthy and orderly appearance free from refuse and debris... d. Removal of Invasive Species: Regular maintenance shall include regular removal of invasive plant species. For purposes of this section, invasive plant species are considered removed if they are no longer living in the tree canopy. Subsequent property owners are required to maintain this condition for compliance with the chapter.

Full Breakdown

9, Maintenance of Landscaping Materials, makes the property owner responsible for all landscape areas outside the public right-of-way that were installed to satisfy an approved Landscape Plan or Alternative Landscape Plan. Those areas must present a healthy, orderly appearance free of refuse and debris, and any required plant that dies, is seriously damaged, or is removed must be replaced to the same standards. Subsection d, Removal of Invasive Species, layers a specific duty on top of that general upkeep rule: regular maintenance must include regular removal of invasive plant species, and for compliance purposes those species are considered removed once they are no longer living in the tree canopy, a practical field test rather than a demand for total eradication.

The obligation does not expire at closing. The ordinance states that subsequent property owners are required to maintain this condition, so a buyer takes the lot subject to whatever invasive-removal work the seller left undone. B's site-landscaping and tree-preservation framework, it reaches parcels that had to file a Landscape Plan in the first place, chiefly commercial, multifamily, mixed-use and other nonresidential development; most single-family detached lots and Downtown-district parcels are carved out of the parallel tree-preservation and street-tree rules elsewhere in the same article. 10, Monitoring of Compliance.

Violations & Fines

A landscape area that still shows invasive growth in the tree canopy fails inspection and can draw a Notice of Violation under Article 30-8: Enforcement. The City Manager sets a deadline to clear the plants; missing it exposes the owner to a civil penalty billed under the fee schedule adopted by City Council, running separately for each day the violation continues, plus possible court-ordered abatement. Appeals of an assessed civil penalty run through Section 1-9 of the City Code.

Frequently Asked Questions

Does Fayetteville list which plants count as invasive?
No. Section 30-5.B.3.e.9.d never names species; it only requires that whatever invasive plant material exists on a landscaped site be removed from the tree canopy and kept out going forward. Absent a codified list, city staff apply the term's ordinary meaning during landscape-plan compliance inspections under Section 30-5.B.3.e.10.
Does this rule apply to a single-family house?
Only if the lot is subject to an approved Landscape Plan or Alternative Landscape Plan. Most single-family detached lots fall outside the site-landscaping and tree-preservation triggers in Article 30-5.B, so the invasive-species maintenance duty typically reaches commercial, multifamily and other developments that had to file a plan.
What happens if I buy a property with existing invasive growth?
You inherit the duty. Section 30-5.B.3.e.9.d states subsequent property owners are required to maintain this condition for compliance, so a new owner can be cited for invasive growth the previous owner never cleared from the canopy.

Sources & Official References

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