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

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

Key Facts

Applies to
Unincorporated Brevard County only
Removal deadline
Before certificate of occupancy
Regrowth control
Required in perpetuity after CO
Enforcing agency
Natural Resources Management Office (NRMO)
Effective date
Prospective from October 24, 2006

Summary

Brevard County requires removal of IFAS-listed nonnative invasive plants before any certificate of occupancy is issued, plus permanent control of regrowth afterward, under land-clearing and landscaping rules covering unincorporated areas since 2006.

City-specific rules exist: Titusville, Melbourne, and Palm Bay have their own prohibited species rules that differ from Brevard County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

Prior to the issuance of the certificate of occupancy or certificate of completion for single-family, subdivision, multifamily, commercial, institutional, public and industrial projects, and at the time of development of government-owned lands, all nonnative invasive plants, as defined in this division, shall be removed. For lots greater than five acres, the requirement to remove and control re-growth of nonnative invasive plants applies to five contiguous acres to and including the area of alteration as defined in section 62-4332. After the issuance of the certificate of occupancy or certificate of completion, re-growth of nonnative invasive plants shall be controlled in perpetuity. The requirements to remove nonnative invasive plants at the time of development and control re-growth of such plants in the required area within the site shall apply countywide and prospectively to property after October 24, 2006. Australian pine may be retained on-site with a waiver from the director if maintained at its current extent.

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 135).

Full Breakdown

Brevard County Code § 62-4332 defines a nonnative invasive plant as any species on the University of Florida IFAS Assessment Plant List's "prohibited" category. Under § 62-4341(15), all such plants must be removed from a site before the county issues a certificate of occupancy or completion for single-family, subdivision, multifamily, commercial, institutional, public and industrial projects, and regrowth must be controlled in perpetuity afterward. The Natural Resources Management Office (NRMO) administers the rule. Removal in shoreline buffers, coastal setback areas and wetlands is allowed only by hand-clearing under § 62-4334(4). Australian pine may stay only with a director's waiver. This applies solely to unincorporated Brevard. Melbourne, Palm Bay, Titusville, Cocoa, Cocoa Beach, Rockledge, Cape Canaveral and other cities enforce their own separate codes.

Violations & Fines

Violations of Chapter 62, Article XIII, Division 2 are punished under §§ 62-5 and 1-7, Brevard County Code, and are treated as irreparable and irreversible. Each quarter acre of noncompliant clearing is a separate violation; NRMO can issue stop-work orders and require restoration plans under § 62-4336.

Frequently Asked Questions

Does this rule apply in Melbourne or Palm Bay?
No. The county code governs only unincorporated Brevard. Melbourne, Palm Bay, Titusville, Cocoa and other incorporated cities enforce their own separate landscaping codes.
Can I keep an Australian pine on my property?
Only with a waiver from the NRMO director allowing it to remain at its current extent; otherwise it must be removed as a listed invasive species under § 62-4341(15).
What list defines a "prohibited" invasive plant?
The University of Florida IFAS Assessment Plant List's "prohibited" category, incorporated by reference in § 62-4332 and updated as the list is amended.

Sources & Official References

Other rules in Brevard County

All Brevard County rules

Florida rules heatmap·Compare Brevard County to another location·View the Florida invasive plant rules overview

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