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Margate, FL Invasive Plant Rules: Prohibited Species (2026)

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

Key Facts

Swale planting ban
Florida Holly, Ficus, Brazilian Pepper, Moraceae family trees
Canal and lake banks
Kept clear of Florida Holly, Australian pines, noxious species
Nuisance trees
Poisonwood, Norfolk Island Pine, Lead Tree, Category 1 invasives
Swale planting approval
Written application to Environmental and Engineering Services
Bank grading
No steeper than 4 horizontal to 1 vertical

Summary

In the City of Margate, Florida Holly, Ficus, Brazilian Pepper and any tree of the Moraceae family cannot be planted in swales or parkways, and canal, lake and retention area banks must be kept clear of Florida Holly, Australian pines and other noxious species. The code also names Poisonwood, Norfolk Island Pine, Lead Tree and Category 1 invasives as nuisance trees.

c.The banks adjacent to all canals, lakes and retention areas not containing seawalls shall be cleared, and kept clear, of all Florida Holly, Australian pines, weeds, and other noxious species. ... (J)Planting in swales.1.Certain species prohibited. The planting of the following types of trees shall be prohibited within or nearby to the non-travelled public rights-of-way (swales, parkways, etc.) of a highway, road, street or any thoroughfare held as public property for public access within the city: the Florida Holly, Ficus, Brazilian Pepper, any tree of the Moraceae family, and any tree or shrub having an excessive root system that is considered undesirable by the City for maintenance of streets, sidewalks and public utilities. ... o.Nuisance tree. Any of the following tree species:i.Metopium toxiferum (Poisonwood).ii.Araucaria excelsia (Norfolk Island Pine).iii.Leucaena leucocephala (Lead Tree).iv.All tree species identified as Category 1 on the Florida Invasive Species Councils List of Invasive Plant Species, as may be amended.

Full Breakdown

Margate regulates unwanted plants in three places in Section 40.704 of the Land Development Code. The first is the swale rule in subsection (J). Planting Florida Holly, Ficus, Brazilian Pepper, any tree of the Moraceae family, and any tree or shrub with an excessive root system that the City considers undesirable for maintenance of streets, sidewalks and public utilities is prohibited within or nearby to the non-travelled public rights-of-way, meaning swales, parkways and similar strips along a public road. Anyone planting trees or shrubs in those areas must apply in writing to the Department of Environmental and Engineering Services and obtain approval if there are no water mains in the swale. A tree planted without approval must be removed by the property owner who planted it.

The second is the waterway frontage rule. Owners must keep the banks of canals, lakes and retention areas that have no seawall cleared, and kept clear, of all Florida Holly, Australian pines, weeds and other noxious species. Those banks must also be graded at a slope no steeper than four horizontal to one vertical and covered with sod down to the design water elevation.

The third is the nuisance tree definition in the tree preservation article. A nuisance tree is Poisonwood (Metopium toxiferum), Norfolk Island Pine (Araucaria excelsia), Lead Tree (Leucaena leucocephala), or any species identified as Category 1 on the Florida Invasive Species Council's List of Invasive Plant Species, as amended. Nuisance trees are exempt from the tree article's prohibitions and from the removal permit, but if one creates an imminent threat to public safety or property it must be removed, and failing to remove it after a warning from DEES is a violation.

Violations & Fines

Section 1-8 sets the general penalty at a fine up to $500 and up to 60 days in jail, with each act a separate violation. Landscaping citations run $25, $75 and $150 for the first three offenses and $150 to $500 for a fourth, plus a $5 technology fee. A swale tree planted without City approval must be removed by the property owner who planted it, and a nuisance tree left standing after a DEES warning is a violation.

Frequently Asked Questions

Can I plant a ficus in my swale in Margate?
No. Ficus is on the list of trees that cannot be planted within or nearby to public swales and parkways, along with Florida Holly, Brazilian Pepper and any tree of the Moraceae family. Any tree or shrub planted in a swale also needs written approval from the Department of Environmental and Engineering Services, and an unapproved tree must be removed by the owner who planted it.
What counts as a nuisance tree in Margate?
The code lists Poisonwood (Metopium toxiferum), Norfolk Island Pine (Araucaria excelsia), Lead Tree (Leucaena leucocephala), and every species identified as Category 1 on the Florida Invasive Species Council's List of Invasive Plant Species, as amended. The Council's list is incorporated into the tree article by reference.
Do I need a permit to remove a nuisance tree?
No. Removal of nuisance trees is one of the activities exempted from the tree removal permit, and nuisance trees are exempt from the tree article's prohibitions. The exemption still requires that no condition poses an imminent threat to public safety or property, and a nuisance tree that does must be removed after a DEES warning.
What must be cleared from canal and lake banks?
Banks adjacent to canals, lakes and retention areas that have no seawall must be cleared, and kept clear, of all Florida Holly, Australian pines, weeds and other noxious species. The banks are graded no steeper than four horizontal to one vertical and covered with sod down to the design water elevation.

Sources & Official References

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