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Fort Myers, FL Tree Protection: Protected Tree Species (2026)

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

Key Facts

Banned species
FEPPC Category 1 invasive plants
Planting/installation
Prohibited citywide
Post-development duty
Site kept free in perpetuity
Removing invasives
No permit fee charged
Max penalty
60 days jail / $500 fine

Summary

Fort Myers prohibits planting or installing any Florida Exotic Pest Plant Council Category 1 invasive species and requires developed sites to stay free of them permanently, while waiving the tree-removal permit fee for removing those same species.

The use or installation of any plant species as identified in the most recent edition of the Florida Exotic Pest Plant Council's Invasive Plant List as a Category 1 invasive plant species shall be prohibited. After development, the site must be maintained in perpetuity, free from prohibited nuisance species defined herein.

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 60).

Full Breakdown

Fort Myers Land Development Code § 138-76 bans installing or planting any species on the Florida Exotic Pest Plant Council's Category 1 Invasive Plant List and requires that, after development, a site be maintained in perpetuity free of these prohibited nuisance species. The companion rule in § 138-75 works the other direction: a permit is required to remove any tree in the city, but the permit fee is waived when 100 percent of the trees being removed are Category 1 invasive species, the code fast-tracks removing exactly what § 138-76 forbids planting in the first place. Violations of this tree article, including § 138-76, are enforced as misdemeanors under § 138-81.

Violations & Fines

Enforced under Article III's penalty section (§ 138-81): a second-degree misdemeanor, up to 60 days imprisonment and/or a fine up to $500, with each prohibited tree or violation a separate offense.

Frequently Asked Questions

What tree species can't be planted in Fort Myers?
Any species on the Florida Exotic Pest Plant Council's Category 1 Invasive Plant List: installing or planting them is prohibited, and sites must stay free of them after development.
Do I need a permit to remove an invasive tree?
Yes, a permit is still required, but Fort Myers waives the permit fee when 100% of the trees removed are Category 1 invasive species.

Sources & Official References

Other rules in Fort Myers

All Fort Myers rules

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