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

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

Key Facts

Governing section
Highlands County Code § 7-5
Species banned
8 species including Brazilian pepper, Australian pine
Scope
Commercial import, sale, propagation and planting only
Enforcement
Code Enforcement Special Magistrate, Chapter 2 Article XII
Adopted
Ordinance No. 83-12, amended 1990 and 1992
Related rule
LDR § 12.11.103.3 adopts FEPPC Invasive Plant List

Summary

Highlands County bans the commercial importation, sale, propagation and planting of eight invasive plant species in the unincorporated county, including Brazilian pepper, Australian pine and Chinese tallow. County Code Section 7-5 targets nursery and landscape trade sales rather than plants already growing on private land, protecting the Lake Wales Ridge's native scrub habitat from further spread of these fast-growing exotics.

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

(a)Use of prohibited plant species. The following plant species are prohibited from use as live landscaping materials on a commercial basis:(1)Cajeput (Melaleuca quinquevervia).(2)Brazilian pepper (Schinus terebinthifolius).(3)Australian pine (Casuarina litorea).(4)Scaly-bark beefwood (Casuarina glauca).(5)Beefwood (Casuarina cunninghamiana).(6)Silk-oak (Grevillea robusta).(7)Chinaberry tree (Melia azedarach).(8)Chinese tallow (Sapium seviferum).

Full Breakdown

Highlands County Code Section 7-5, adopted by Ordinance No. 83-12 and amended by Ordinance Nos. 90-15 and 92-27, prohibits use as live landscaping material on a commercial basis of eight specific species anywhere in the county: Cajeput (Melaleuca quinquevervia), Brazilian pepper (Schinus terebinthifolius), Australian pine (Casuarina litorea), Scaly-bark beefwood (Casuarina glauca), Beefwood (Casuarina cunninghamiana), Silk-oak (Grevillea robusta), Chinaberry tree (Melia azedarach) and Chinese tallow (Sapium seviferum). Subsection (b) goes further, making it unlawful to import, transport, sell, propagate or plant any of the same eight species for hire or commercial use anywhere in the county.

The ordinance defines each verb narrowly: importation is conveying plants into the county on a commercial basis, planting is placing live plant material in the ground as a commercial endeavor, propagation is multiplying plant stock commercially, and transportation is carrying plants for the purpose of sale, planting, importation or propagation. Because every operative definition ties back to commercial activity, the section does not reach a homeowner who already has one of these trees growing on private property or who removes and replants without any payment changing hands.

3. Section 7-5 itself does not spell out a fine; a violation is pursued through the county's general code enforcement process rather than a stated dollar penalty printed inside this section.

Violations & Fines

Section 7-5 sets no stated dollar penalty of its own. A commercial nursery, landscaper or seller caught importing, selling, propagating or planting any of the eight listed species faces a code enforcement case that Highlands County Code Enforcement can refer to the Code Enforcement Special Magistrate under Chapter 2, Article XII, which can impose fines and record a lien against the business's property until the violation is corrected.

Frequently Asked Questions

Can I keep a Brazilian pepper tree already on my property in unincorporated Highlands County?
Yes. Section 7-5 only bans commercial importation, sale, propagation and planting of Brazilian pepper and the other seven listed species; it does not require removal of trees already growing on private land, since none of its four defined violations, importation, planting, propagation or transportation, apply to a homeowner who isn't engaged in a commercial transaction.
What plants are illegal to sell in Highlands County?
County Code Section 7-5 bans commercial sale or planting of Cajeput, Brazilian pepper, Australian pine, scaly-bark beefwood, beefwood, silk-oak, chinaberry tree and Chinese tallow. Nurseries and landscapers who sell, propagate, import or plant these species for hire anywhere in the county, incorporated or unincorporated, are in violation.
Does the county's land development code add more banned plants?
Yes. Section 12.11.103.3 of the Land Development Regulations separately adopts the Florida Exotic Pest Plant Council's Invasive Plant List for site-plan landscaping review, reaching beyond the eight species named in Section 7-5 when a new development's landscape plan is being approved.
Who enforces the plant ban?
Highlands County Code Enforcement, operating under Chapter 2, Article XII of the Code of Ordinances, investigates complaints and can refer a violation to the county's Code Enforcement Special Magistrate, who has authority to impose fines and record a lien against the offending business's property.

Sources & Official References

Other rules in Highlands County

All Highlands County rules

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