Melbourne, FL Invasive Plant Rules: Prohibited Species (2026)
Key Facts
- Governing sections
- City Code §§ 9.271, 9.272(b)(1)
- Named species
- 14 listed, plus FLEPPC Cat. I/II list
- Removal permit
- Not required for prohibited trees
- Category I species
- Must be removed during site preparation
- Landscaping credit
- Prohibited trees can't count as preserved/planted
Summary
Melbourne's tree code lists Brazilian pepper, Australian pine, melaleuca, and 11 other named species as prohibited, plus any tree on the state's category I or II invasive list. City Code Sec. 9.271 defines these as "prohibited trees" that disrupt native habitat, and Sec. 9.272(b)(1) lets them be removed without a land alteration permit or fee.
Prohibited tree means a tree of undesirable or exotic species that disrupts natural habitats or is otherwise destructive. Trees listed as category I or II invasive species on the most recent edition of the Florida Exotic Pest Plant Council's Invasive Plant List shall be prohibited. Trees listed as category I invasive species shall be removed during site preparation.[...] (b)Exceptions. The following types of trees shall be exempt from the provisions of this section and this chapter and no permit or fees shall be required for the removal, cutting down, or destruction of these trees[...]:(1)Prohibited trees.[...]Any tree listed as a category I or II on the most recent edition of the Florida Exotic Pest Plant Council's Invasive Plant list.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 32).
Full Breakdown
Sec. " Sec. 272(b)(1) operationalizes this by exempting prohibited trees from the article's general permit-and-fee requirement for tree removal. cinerea, chinaberry, punk tree, cajaput/paperbark, poisonwood, downy rose myrtle, castor bean, Brazilian pepper, and Chinese tallow, then adds a catch-all for any tree on the current FLEPPC category I or II list. Because these species are excluded from the article's protected-tree scheme, Sec. 272(a)(2) also lets non-indigenous, non-native, noxious species be individually moved out of a designated scrub jay and gopher tortoise habitat area with only engineering department approval, rather than the federal Fish and Wildlife Service sign-off required for other vegetation there.
Sec. 272(f)(4) further bars counting any tree not on the approved species lists in Sec. 274, which excludes prohibited invasive species, as a preserved or planted tree toward a development's landscaping requirement.
Violations & Fines
Removing a listed prohibited or FLEPPC category I/II tree carries no permit fee or land alteration permit requirement, so there is no penalty for removal itself. However, a prohibited species can never be counted as a preserved or planted tree toward a site's landscaping requirement under Sec. 9.272(f)(4), and category I species on a development site must be removed during site preparation under Sec. 9.271.
Frequently Asked Questions
Can I cut down a Brazilian pepper tree in Melbourne without a permit?
What makes a tree "prohibited" under Melbourne's landscape code?
Do invasive trees count toward Melbourne's required tree landscaping?
Sources & Official References
Other rules in Melbourne
Florida rules heatmap·Compare Melbourne to another location·View the Florida invasive plant rules overview
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Prohibited Species in Nearby Cities
How other cities in Brevard County handle prohibited species.