Milpitas, CA Invasive Plant Rules: Prohibited Species (2026)

The City of Milpitas addresses invasive plants only through its Water Efficient Landscapes ordinance, Milpitas Municipal Code Title VIII, Chapter 5, not through a standalone ban. Section VIII-5-2.01(29) defines 'Invasive Plant Species' as species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources, noting that invasive species may be regulated by county agricultural agencies as noxious species and that lists are maintained at the California Invasive Plant Inventory and the USDA invasive and noxious weeds database.

The operative instruction sits in the Landscape Design Plan requirements at § VIII-5-3.03-C(1)(g): the use of invasive plant species, such as those listed by the California Invasive Plant Council, 'is strongly discouraged.' That language is advisory, not a prohibition, and it applies only to the plant palette submitted as part of a Landscape Documentation Package, which the chapter requires for new construction with 500 square feet or more of landscape area and rehabilitated landscapes of 2,500 square feet or more, per § VIII-5-3.01. The same chapter's findings section, § VIII-5-1.02(B)(5), lists 'avoiding invasive plants' among the goals of protecting and creating habitat through native and climate-adapted plant selection.

A licensed landscape architect, landscape contractor, or other certified professional who signs the design plan under § VIII-5-3.03-C(4)(u) is the party responsible for the plant list the City reviews before issuing a permit.