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Fort Myers, FL Invasive Plant Rules: Prohibited Species (2026)

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

Key Facts

Prohibited list
FLEPPC Category 1 invasive species
Scope
Bans installing or using listed species
Duration
Sites kept free of species in perpetuity
Removal incentive
No permit fee removing Category 1 trees
Code location
Land Development Code Ch. 138, Vegetation

Summary

Fort Myers prohibits using or installing any plant on the Florida Exotic Pest Plant Council's Category 1 invasive list, and developed sites must stay free of these species permanently.

The use or installation of any plant species as identified in the most recent edition of the Florida Exotic Pest Plant Council's Invasive Plant List as a Category 1 invasive plant species shall be prohibited. After development, the site must be maintained in perpetuity, free from prohibited nuisance species defined herein.

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 60).

Full Breakdown

Fort Myers's Land Development Code bans the use or installation of any plant species on the Florida Exotic Pest Plant Council's Category 1 invasive list: the state's roster of the worst ecological threats, including species like Brazilian pepper and melaleuca. The rule sits in Chapter 138, Vegetation, and applies citywide, including land subsequently annexed. It doesn't stop at planting: developed sites must be maintained in perpetuity free of these prohibited nuisance species, so an existing stand discovered later isn't grandfathered in. The same article waives the tree-removal permit fee when every tree removed is a Category 1 species, rewarding removal.

Violations & Fines

Violations of the vegetation article go to the code enforcement board or are a second-degree misdemeanor: up to 60 days imprisonment and/or a fine up to $500, with each tree a separate offense.

Frequently Asked Questions

Can I plant Brazilian pepper or other Category 1 invasive species in Fort Myers?
No. City code bans installing or using any FLEPPC Category 1 invasive plant species anywhere in Fort Myers, and developed sites must stay free of them permanently under Land Development Code § 138-76.
Does Fort Myers waive the tree-removal permit fee for invasive species?
Yes. Under § 138-75, no permit fee is charged when 100% of the trees removed are Category 1 species on the Florida Exotic Pest Plant Council's Invasive Plant List.

Sources & Official References

Other rules in Fort Myers

All Fort Myers rules

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