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San Clemente, CA Invasive Plant Rules: Prohibited Species (2026)

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

Key Facts

Live weed limit
1 inch maximum height
Prohibited outright
All noxious weeds
Fire-hazard species named
Sagebrush, chaparral
Health-hazard species named
Poison oak, poison ivy
Enforcer
Code Compliance Manager

Summary

San Clemente's Property Maintenance Code bans noxious weeds outright and requires every developed property to stay free of dead, dry weeds and live weeds over one inch, under Municipal Code Section 8.78.040(A). The code's own weed definition in Section 8.78.030 names fire-hazard brush like sagebrush and chaparral, plus poison oak and poison ivy.

WEEDS. Weeds, as used in this code, shall mean the following: (1) weeds which bear seeds of a downy or wingy nature; (2) Sagebrush, Chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property as identified by the Orange County Fire Authority; (3) weeds which are otherwise noxious or dangerous; (4) Poison Oak and Polson Ivy when the conditions of growth are such as to constitute a menace to the public health and; (5) dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard as identified by the Orange County Fire Authority. ... 302.4 Weeds. All developed properties shall be maintained free from dead, dry weeds and live weeds in excess of one (1) inch. All noxious weeds shall be prohibited.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Traffic: Supplement 30 | Code of Ordinances: Supplement 66 Update 1).

Full Breakdown

010. 030 adds a local WEEDS definition to IPMC Chapter 2 covering five categories: weeds bearing downy or wingy seeds, sagebrush and chaparral or other brush that becomes a fire menace when dry as identified by the Orange County Fire Authority, other noxious or dangerous weeds, poison oak and poison ivy when they threaten public health, and dry grass, stubble, brush, or litter creating a fire hazard. 4 to require every developed property to be kept free of dead, dry weeds and live weeds over one inch, and to prohibit noxious weeds altogether. 020(H)-(J). 060.

Violations & Fines

Penalties for noncompliance with a property maintenance notice are set under Title 1 per Section 8.78.020(K). A code violation defaults to a misdemeanor under Section 1.16.010, punishable by up to a $1,000 fine and six months in jail, or, prosecuted as an infraction, fines of $100 for a first offense, $200 for a second within a year, and $500 for each further offense. Under the separate Chapter 8.76 abatement track, the City may instead clean the property itself and recover its cost as a lien.

Frequently Asked Questions

Does San Clemente ban specific invasive plant species from being planted?
No. The Municipal Code has no list of ornamental invasive species banned from landscaping. Section 8.78.040(A) instead prohibits letting noxious weeds grow on developed property and caps live weeds at one inch, treating overgrowth as a property-maintenance and fire-safety issue rather than a planting restriction.
What plants count as "weeds" under San Clemente's code?
Section 8.78.030 defines weeds to include seed-bearing weeds, sagebrush and chaparral that become a fire menace when dry, other noxious or dangerous weeds, poison oak and poison ivy that threaten public health, and dry grass, stubble, or brush that creates a fire hazard, all as identified by the Orange County Fire Authority.
Who enforces the weed rules and what is the penalty?
The Code Compliance Manager enforces the Property Maintenance Code as the designated code official under Section 8.78.020(E). A violation defaults to a misdemeanor punishable by up to a $1,000 fine and six months in jail, or, charged as an infraction, fines of $100 to $500 for repeat violations within a year under Section 1.16.010.

Sources & Official References

Other rules in San Clemente

All San Clemente rules

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