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

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

Key Facts

Nuisance species listed
20 species, § 122.21(F)
Standard replacement rule
One-to-one, not canopy credit
Fully exempt species
Melaleuca, Brazilian pepper, Australian pine
Native replacement minimum
50% of replacement trees, § 122.21(B)
Fine per violation
Up to $500 plus replacement cost, § 122.99

Summary

Weston, Florida regulates trees by species through its Prohibited/Nuisance Tree List at § 122.21(F), a roster of 20 invasive species like Brazilian pepper and Melaleuca; removing a listed tree normally still triggers one-to-one replacement, but three of the worst invaders are fully exempt from Chapter 122's permit and replacement rules.

122.03(B)(7) Removal of Prohibited/Nuisance Trees. Prohibited/Nuisance Tree species removal requires one-to-one replacement rather than equivalent Canopy Coverage replacement. Removal of Melaleuca, Brazilian pepper, and Australian pine trees is exempt from the permitting, replacement, and Tree protection requirements of §§ 122.04, 122.21, and 122.26 of this Chapter. Prohibited/Nuisance Trees are listed in § 122.21 (F) of this Chapter. ... 122.21(F) Prohibited/Nuisance Tree List. ... 1 Acacia auriculaeformis Earleaf Acacia ... 14 Melaleuca quinquenervia Punk Tree or Paper Bark ... 18 Schinus terebinthifolius Brazilian Pepper or Florida Holly ... 20 Terminalia catappa Tropical Almond

Full Breakdown

Section 122.21(F) lists 20 named nuisance and invasive tree species by botanical and common name, including Earleaf Acacia, Carrotwood, Australian Pine, Melaleuca (Punk Tree), and Brazilian Pepper. Section 122.03(B)(7) sets the rule for removing them: Prohibited/Nuisance Tree removal requires one-to-one replacement rather than the equivalent canopy coverage credit used for ordinary trees, so a resident cannot satisfy the requirement with several smaller replacement plantings. The code then carves out its three worst invaders, Melaleuca, Brazilian pepper, and Australian pine, exempting their removal entirely from the permitting requirement of § 122.04, the replacement standard of § 122.21, and the construction-period protection standards of § 122.26, since the City wants these species gone rather than protected.

That exemption does not extend to the other 17 species on the list, such as Carrotwood or Silk Oak, which still require a permit and one-to-one replacement when removed. Native trees receive the opposite treatment elsewhere in the chapter: at least 50% of any replacement planting must be a native species, and any native tree removed must be replaced with a native species (§ 122.21(B), (C)(1)). The City's Landscape and Tree Survey requirements (§ 122.05) also require an applicant's tree survey to identify the botanical and common name of every existing tree on site, which is how the City checks a parcel against the Prohibited/Nuisance list before issuing any removal or building permit.

Violations & Fines

Removing one of the 17 non-exempt nuisance species without a permit or without providing the required one-to-one replacement is enforced the same as any other Tree Permit violation under § 122.99: a court fine of up to $500 per tree plus the cost of replacement, investigation and prosecution costs, and any other equitable remedy, with each tree treated as a separate offense and the property owner strictly liable absent a narrow statutory excuse.

Frequently Asked Questions

Does Weston, Florida list specific tree species by name in its code?
Yes. Section 122.21(F) names 20 prohibited and nuisance tree species, including Brazilian Pepper, Melaleuca, Carrotwood, and Australian Pine, and removing any of them still requires one-to-one replacement under § 122.03(B)(7) unless the species is separately exempted.
Can I remove Brazilian pepper or Melaleuca in Weston without a permit?
Yes. Section 122.03(B)(7) exempts removal of Melaleuca, Brazilian pepper, and Australian pine specifically from the permitting, replacement, and tree-protection requirements of Chapter 122, because the City treats these three as invasive species it wants eliminated.
Do other invasive species on Weston's nuisance list get the same exemption?
No. The exemption in § 122.03(B)(7) covers only Melaleuca, Brazilian pepper, and Australian pine; the other 17 species on the § 122.21(F) list, such as Carrotwood and Silk Oak, still require a Tree Removal Permit and one-to-one replacement when removed.

Sources & Official References

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