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

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

Key Facts

Governing section
LDR Sec. 4.664.A.3, Article 4, Division 15
Prohibited species
9 listed, incl. melaleuca, Brazilian pepper, Australian pine
Ficus restriction
Banned within 50 ft of street ROW or easement
Enforcement trigger
No certificate of occupancy until removed
Applies to
Unincorporated Martin County only
Single-family exemption
Does not exempt Sec. 4.664.A.3 removal duty

Summary

Martin County's Land Development Regulations prohibit planting nine invasive species, including melaleuca, Brazilian pepper, Australian pine and carrotwood, anywhere development occurs. Where these plants already grow on a site, LDR Sec. 4.664.A.3 makes their removal a mandatory condition of development approval, and the Board of County Commissioners can add species to the list by resolution.

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

3.Prohibited species.a.The following species shall not be planted. Where such species already exist, their removal shall be a condition of development approval.(1)Melaleuca (Melaleuca spp).(2)Brazilian pepper (Schinus terebinthifolius).(3)Australian pine (Casuarina).(4)Ficus trees, when located less than 50 feet from a public street right-of-way, street pavement, utility easement or septic tank drainfield.(5)Carrotwood (Cupaniopsis anacardioides).(6)Catclaw mimosa (Mimosa pigra).(7)Earleaf acacia (Acacia auriculaefornis).(8)Eucalyptus species (except Eucalyptus torelliana, Eucalyptus camaldulensis and Eucalyptus cinerea).(9)Silk oak (Grevillea robusta).

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 62 | Land Development Regulations: Supplement 62).

Full Breakdown

The list sits in Article 4, Division 15 (Landscaping, Buffering and Tree Protection) of the Martin County Land Development Regulations, at LDR Sec. 3. It bars new planting of melaleuca, Brazilian pepper, Australian pine, carrotwood, catclaw mimosa, earleaf acacia, most eucalyptus species and silk oak countywide, plus ficus trees within 50 feet of a public street right-of-way, street pavement, utility easement or septic drainfield. Where any of these species already grow on a parcel, LDR Sec. a requires their removal as a condition of development approval, meaning a builder cannot get a certificate of occupancy under LDR Sec.

B until the invasive plants are gone. The Board of County Commissioners has separately adopted, by resolution under Sec. b, an additional prohibited-species list limited to sterile hybrids and cultivars, and that removal is likewise a condition of approval on new development and on amendments to existing final site plans, to the degree feasible as determined by the approving Growth Management Department staff. Single-family and duplex homeowners are exempt from most of Division 15's landscaping rules, but LDR Sec. 1 specifically carves that exemption out for Sec.

3: even a single-family lot must remove prohibited species listed there. Simple removal of exotic vegetation, without new construction, does not itself trigger a landscape plan requirement, since Sec. 3 exempts removal of exotic, dead or diseased vegetation from the division's plan-submission process. The rule applies only within the unincorporated county; Stuart, Sewall's Point, Ocean Breeze Park and Jupiter Island run their own land development codes.

Violations & Fines

Planting a listed species, or leaving one standing where development is proposed, blocks issuance of a certificate of occupancy under LDR Sec. 4.661.B until it is removed. Because Division 15 compliance is a precondition of development approval, unresolved violations can also be referred to the Martin County Code Enforcement Board under Chapter 1, Article 4 of the County Code, which can impose fines and require corrective landscaping before any permit, site plan or certificate of occupancy is released.

Frequently Asked Questions

Can I keep a Brazilian pepper tree already on my property in Martin County?
Not if you're seeking development approval. LDR Sec. 4.664.A.3.a requires removal of Brazilian pepper and eight other listed invasive species as a condition of any development order, and the county will withhold a certificate of occupancy under Sec. 4.661.B until it's gone. Outside of a development or permitting process, the county does not send inspectors to unimproved yards, but the moment you pull a permit, removal becomes mandatory.
Does the invasive species ban apply inside Stuart or other Martin County cities?
No. LDR Sec. 4.664.A.3 governs the unincorporated county only. Stuart, Sewall's Point, Ocean Breeze Park and Jupiter Island each administer their own land development codes, so a property inside those city limits is not subject to this county provision.
Can Martin County add new species to the prohibited list?
Yes. LDR Sec. 4.664.A.3.b lets the Board of County Commissioners adopt an additional prohibited-species list by resolution, covering species beyond the nine named in the ordinance itself, with removal made a condition of approval on new development and, to the degree feasible, on amendments to existing site plans.

Sources & Official References

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