Chapter 1.3
Sensitive Lands and Wildlife Habitat

• ALL
• Remove Code Barriers
• Create Incentives
• Fill Regulatory Gaps

Removal of Exotic Vegetation

INTRODUCTION

Exotic vegetation or invasive non-native plants can be very detrimental to wildlife habitats and ecosystems. Exotic species can cause a decline in native species and diminish habitats as they often overpopulate existing species’ habitats.[1] To address this, local governments can draft a stand-alone exotic vegetation removal ordinance or add regulations to an existing development code to help prevent adverse impacts of non-native and/or invasive plant species.[2] The required removal at new development sites is particularly important as exotic species are often the first to recolonize and take over disturbed land.[3]

These provisions should be drafted in a way that list species of exotic plants in the area that are most problematic and geographic areas of specific concern. Typical areas that may be regulated to require removal of invasive species include land near a body of water, nature preserve, or forest and woods that may benefit from the required removal of exotic vegetation. Ordinances can also be drafted to prohibit the planting of exotic species in certain areas or to declare them a public nuisance. Designation of as a public nuisance can give the local government more ability to enforce their removal. Because invasive species often spread rapidly and impinge on the use and enjoyment of other public and private property, they may fit within state and local definitions of public nuisance.[4]

This Exotic species regulation will usually work best in tandem with other ordinances such as vegetation protection ordinances (See: Require Use Of Native Plants/Vegetation and Vegetation Protection Areas). Along with this ordinance local governments can include the methods of removal of exotic species that are most beneficial to the area, and the people required to remove the invasive species.[5]

This ordinance can be implemented in tiers the first tier only requires the removal for new development sites, while the second tier is more encompassing and requires the removal of exotic species in already developed parcels. The removal on development sites is beneficial and easier to implement as it only adds a small requirement that is beneficial to the new development site as well as the surrounding lands. The more ambitious second tier provides for the most comprehensive coverage and will be the most beneficial for any local government to protect wildlife habitat.[6]

EFFECTS

Requiring the removal of exotic plants benefits important wildlife habitats such as watersheds and forests, helping them remain healthy functioning natural ecosystems..[7] Because invasive species are becoming a serious problem in many jurisdictions, requiring their removal on development sites and already developed lands can reduce the risk of invasive species spreading to parks and reserves.[8] Exotic species often out-compete native vegetation and alter ecosystems, which can lead to a loss of ecosystem services and be very costly to return to the original or desired state.[9]

Exotic species are one of the leading reasons for specie declines and a primary cause for loss in native habitats.[10] Enacting an exotic plant removal ordinance can protect native habitat and wildlife that rely on them. In addition, exotic plants may wipe out native plants that also protect and local watersheds; requiring their removal can improve water quality in an area by helping maintain native vegetation. This may help save local governments money by reducing the amount of runoff funneled into stormwater management systems as well as minimizing the effort needed to treat water at water treatment facilities.[11]

EXAMPLES

Collier County, FL

Collier County has a list of prohibited exotic vegetation, including Ear Leaf Acacia, Australian Pine, and others.[12] The listed flora must to be removed as part of the development approval process. The removal of the listed exotic vegetation must be done in a way that does not disturb native plant protecting the beneficial flora. The prohibited vegetation is to be removed from rights of way, common area tracts not used in developments, easements, development sites, and from any property wanting to increase the existing interior floor space, paved areas, or any substantially improved area.

During the removal process, the herbicides used must be approved by the U.S. Environmental Protection Agency, and for large removals a tracer dye must be placed on the removed plants.[13] Exotic vegetation may be kept on the property with the approval of the county manager or another designee if the request meets the any of the exemption requirements, such as the exotic vegetation contains a bald eagles nest.[14]

To view the provision, see Collier County, FL, Land Development Code § 3.05.08 (current through May 2017).

North Palm Beach, FL

The Village of North Palm Beach regulates land clearing and requires certain vegetation requirements to be included in site development plans. Pursuant to the local code, the existing environmentally sensitive native vegetation is to be included in developers’ plans.[15] In addition, the planting of certain exotic plant species, such as melaleuca, Australian Pine, and Brazilian pepper, are prohibited.[16] The village requires developers to apply for vegetation removal permits to clear a development site. The preliminary review procedure requires the applicant to guarantee all steps will be take as reasonably necessary to preserve existing native vegetation and purge the site of undesirable exotic vegetation.[17] After an applicant is granted a vegetation removal permit for a site, the applicant is required to propose and implement a program for the removal of the undesirable exotic plant species, relocate native vegetation that would be destroyed, or replace vegetation that gets destroyed. All three of the listed exotic plant species (are exempt from the permit fee.[18] Those wishing to remove the exotic species will not be charged the typical per acre fee ($200 / per acre in 2018).[19] The community development department provides guidance for individuals needing assistance identifying exotic vegetation.[20]

To view this provision, see North Palm Beach, FL, Code of Ordinances § 36-38.1 (2018).

ADDITIONAL EXAMPLES

Sanibel, FL, Code of Ordinances § 122-191 (2004) (requiring developers to remove specific exotic species, and also requires removal for developed lands).

Carpinteria, CA Code of Ordinances § 14.45.030 (4)(d) (2015) (requiring developers to remove exotic invasive plants around wetland areas that are being affected by development).

Bradley, IL, Code of Ordinances §56-141 (2017) (requiring new development areas in floodplains and wetlands to remove all exotic vegetation by herbicide applications before native seeding).

Walworth County, WI, Code of Ordinances § 74-174 (C) (2016) (requiring removal of selective invasive species within 35 feet of wetlands and replacing with native plant species).

Carver, MN, Code of Ordinances § 50-194 (2017) (through tiered system prohibiting the removal of vegetation except for the city’s listed exotic species).