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Jupiter, FL Tree Protection: Protected Tree Species (2026)

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

Key Facts

Trigger
Listed species resident on/dependent on site
Immediate result
Permit denied, activity must cease
Required notifications
State game/fish commission, US Fish & Wildlife, town
Before permit reissued
Protection arranged + written confirmation to town
Enforcement tools
Civil action, cease-and-desist order

Summary

If a vegetation removal permit review turns up a state- or federally-listed threatened, endangered or special-concern species living on or dependent on the property, Jupiter must deny the permit and stop all development activity affecting that species until protection is arranged with wildlife agencies.

(a)Native habitats actively used by or supporting state-listed threatened species of special concern may be designated as environmentally sensitive lands if they contain populations critical to the listed species' survival within the four-county region under the jurisdiction of the Treasure Coast Regional Planning Council. ... (1)A vegetation removal permit shall not be issued and all development activities which might adversely affect the listed species shall immediately cease.(2)Notification of the presence or dependence of the listed species on the property shall be provided by the developer to the state game and fresh water fish commission, the United States Fish and Wildlife service and the town.(3)Proper protection of the listed species shall be provided by the applicant prior to the issuance of a vegetation removal permit or commencement of any development activity, as appropriate.(4)Written confirmation of the acceptance of the method of protection or mitigation shall be provided to the town by the applicant prior to issuance of a vegetation removal permit or commencement of development as appropriate.

Full Breakdown

Town Code § 26-123 lets the town treat native habitat supporting state-listed threatened, endangered or special-concern species as environmentally sensitive land when it holds populations critical to that species' survival within the four-county region under the Treasure Coast Regional Planning Council. Listed species examples appear in the definitions section under 'endangered species' and in Table V-5 of the conservation element of the town's comprehensive plan. S. Fish and Wildlife Service and the town of the species' presence; the applicant must arrange proper protection of the species before a permit issues or work resumes; and the applicant must give the town written confirmation that the chosen protection or mitigation method has been accepted before the permit is issued or development continues.

This sits inside the same chapter that separately protects mangroves under § 26-124 by deferring to state DEP rules, and it applies townwide to any parcel undergoing a vegetation removal permit application, not just parcels already flagged as preserve areas.

Violations & Fines

Chapter 26 violations, including proceeding with development after a listed species triggers the § 26-123 stop-work sequence, are punishable per § 26-5 under the general penalty at § 1-14, with each day of continued violation a separate offense. The town council may also pursue civil remedies under § 26-6 to enjoin the unlawful activity, and § 26-7 authorizes the town to issue a cease-and-desist notice directly to the property owner, agent, lessee or contractor responsible for the site.

Frequently Asked Questions

What happens if an endangered species is found on my lot during a tree removal permit review?
Under Town Code § 26-123(b), the town must deny the vegetation removal permit and any development activity that could adversely affect the species must stop immediately, before any further steps toward protection or mitigation can proceed.
Who has to be notified if a listed species is found on a Jupiter property?
The developer must notify the state game and fresh water fish commission, the U.S. Fish and Wildlife Service and the town itself of the species' presence or dependence on the property, per § 26-123(b)(2), before development can resume.
Can I still get my vegetation removal permit after a listed species is found?
Yes, but only after you arrange proper protection or mitigation for the species and give the town written confirmation that the method has been accepted, as required by § 26-123(b)(3)-(4).

Sources & Official References

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