Showing ordinances that apply to DeLand Southwest, FL
DeLand Southwest is an unincorporated community (population 1,056) in Volusia County, Florida. Because DeLand Southwest is not an incorporated city, it does not have its own municipal code. Instead, Volusia County ordinances apply directly to properties here. The native plants rules below are the ones that govern your area.
FL §373.185 encourages Florida-Friendly Landscaping and prohibits HOAs from banning it. Volusia County promotes native plants for water conservation under SJRWMD guidelines. Deed restrictions pre-2009 may still apply.
FL §373.185 (Florida-Friendly Landscaping) establishes that local governments and HOAs cannot prohibit property owners from using Florida-Friendly Landscaping principles, which include native plants, drought-tolerant species, and reduced turf. This state preemption covers nine principles: right plant/right place, water efficiently, fertilize appropriately, mulch, attract wildlife, manage yard pests responsibly, recycle yard waste, reduce stormwater runoff, and protect the waterfront. The St. Johns River Water Management District (SJRWMD) governs most of Volusia County and promotes WaterStarFlorida-certified landscapes. Volusia Cooperative Extension offers native plant guides. Invasive species on the FDACS prohibited list (e.g., Brazilian pepper, Australian pine, air potato) must be removed if causing a nuisance. Coastal dune vegetation (sea oats, beach sunflower) is protected under FL §161.242 and cannot be disturbed without permit. Beachside Daytona, Ormond, and NSB enforce dune plant protection strictly.
HOA violations of FL §373.185: unenforceable, homeowner may seek declaratory relief. Invasive species non-removal: varies by local code, typically warnings then $100-$500 fines. Dune vegetation damage: FDEP fines up to $10,000 per FL §161.054.
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