Agenda 01/13/2026 Item # 9F (Ordinance amending the LDC to update regulations to the removal of prohibited exotic vegetation PL20250006145)SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
January 13, 2026
Continue Item 16A13 to the January 27, 2026, BCC Meeting: Recommendation to approve and authorize the
Chair to sign a Resolution adopting the inventory list of County-owned real property declared appropriate for use as
affordable housing and approve the publication of the inventory list to the County’s website in compliance with
Section 125.379, Florida Statutes. (Commissioner McDaniel’s Request)
Continue Item 17H to the January 27, 2026, BCC Meeting: Recommendation to adopt an Ordinance amending
Ordinance No. 2003-37, as amended, cited in Chapter 110, Article II of the Collier County Code of Laws and
Ordinances, which regulates construction in the public rights-of-way, to add additional right-of-way permit
requirements and a section regulating excavation activities within the public right-of-way. (Staff’s Request)
Move Item 17F to 9F: Recommendation to adopt an Ordinance amending the Land Development Code to update
the regulations pertaining to the removal of prohibited exotic vegetation. [PL20250006145] (Commissioner
McDaniel’s Request)
Move Item 16A15 to 11E: Recommendation to approve properties on the Conservation Collier Land Acquisition
Advisory Committee’s November and December 2025 recommended Active Acquisition Lists and direct staff to
pursue the projects recommended within the A-Category, funded by the Conservation Collier Land Acquisition
Fund. (Commissioner McDaniel’s and Commissioner Hall’s Separate Requests)
Move Item 16K1 to 12A: Recommendation to appoint Thomas Sabourin to the Coastal Advisory Committee.
(Commissioner McDaniel’s Request)
Move Item 16K19 to 12B: Recommendation to approve a Proclamation declaring a local state of emergency to
repair private, impassable roads within unincorporated Collier County which pose a threat to the health, safety, and
welfare of Collier County citizens and finding a valid public purpose for expending public funds to immediately
repair private, impassable roads. [Updated] (Fiscal Impact: $1,238,800) (Commissioner LoCastro’s Request)
Notes:
• A scrivener's error was realized in a resolution for 16K3 following the publication of the agenda. The
corrected resolution was uploaded the day after the initial publication.
• Replacement backup materials for Item 16B1 were uploaded on January 12, correcting the previously
uploaded Opinion of Probable Cost (OPC) and Bid Tabulation.
TIME CERTAIN ITEMS:
Item 9E to be heard at 10:00 AM: Adoption of Updated Impact Fee Studies and Phased Amendments to the
Collier County Consolidated Impact Fee Ordinance.
Item 11B to be heard at 11:00 AM: Status Update and Direction on Proposed Camp Keais–Silver Strand Property
Exchange and Related Land Allocation Plan.
Items 9A & 9B to be heard at 1:00 PM: Growth Management Plan Amendment and Rezoning for the 341 Sabal
Palm Road Residential Development.
1/12/2026 10:03 PM
1/13/2026
Item # 17.F
ID# 2025-4945
Executive Summary
Recommendation to adopt an Ordinance amending the Land Development Code to update the regulations pertaining to
the removal of prohibited exotic vegetation. [PL20250006145]
OBJECTIVE: Recommendation to adopt an Ordinance amending the Collier County Land Development Code to
update the provisions pertaining to the removal of prohibited exotic vegetation.
CONSIDERATIONS: Collier County adopted the first tree protection ordinance as Ord. No. 1973-23. It included
provisions for a tree removal permit process and identified a short list of tree species that were exempted from
protection. The ordinance was amended in 1974 and then repealed/replaced twice; once in 1975 and again in 1976, the
latter of which represents the time when the County adopted comprehensive zoning regulations for the Coastal Area
Planning District (i.e., Ord. No. 1976-30).
When Ord. No. 1979-73 was adopted, and the County started requiring the removal of exotic plants on properties where
improvements were proposed, except on land used for agricultural purposes or on properties zoned and platted for
single-family residential homes. In January 1982, the County adopted a new zoning ordinance (Ord. No. 1982-2);
however, this new ordinance inadvertently omitted the Exotic Vegetation Section, which was corrected in May 1982
with the adoption of Ord. No. 1982-37, reinstituting the requirement that exotics be removed on all lands, except for
single-family residential use or agriculturally zoned lands.
Additional code changes have been made over the years, notably with the adoption of Ordinance No. 2004-08, which
introduced the requirement for preserve management plans and the removal of exotic vegetation within the first 75 feet
of the outer edge of every preserve; however, single family residences were specifically exempted. When the code was
comprehensively updated again with the passage of Ord. No. 2004-41 extended the requirement to remove exotic
vegetation prior to issuance of a certificate of occupancy for new principal and accessory structures on single- and two-
family lots. However, tents, awnings, cabanas, utility storage sheds, and screen enclosures were not exempted until
Ordinance No. 2005-27 was adopted.
Subsequent amendments to Land Development Code (LDC) section 3.05.08 occurred in 2008 and 2015. At the Board of
County Commissioners (Board) hearing on December 12, 2023, under Staff and Commission General Communications,
Commissioner Hall requested that staff update the LDC as it pertains to the removal of exotic vegetation. LDC
amendments are reviewed by the Board, Collier County Planning Commission (CCPC), Development Services
Advisory Committee (DSAC), and the Land Development Review Subcommittee of the DSAC (DSAC-LDR
Subcommittee). To address the Board’s concern, an LDC amendment was drafted (i.e., PL20230018350), which
proposed to exempt new structures and additions on Estate (E)-zoned lots from being required to remove exotics within
the cleared areas of the lot, plus 7.5 feet around the perimeter of the property. This amendment was presented to the
DSAC-LDR Subcommittee, which recommended approval but with changes. On February 7, 2024, the DSAC reviewed
PL20230018350 but recommended denial. On March 7, 2024, the CCPC also reviewed the earlier iteration of this
amendment and unanimously voted to deny it. On March 12, 2024, staff requested direction from the Board to advertise
the draft Ordinance; however, the Board voted to continue the item. This earlier iteration, including the relevant minutes
from the Board hearing, is provided in Exhibit A.
After the Board continued PL20230018350, staff drafted a newer version to emphasize that a certificate of occupancy
must have been previously issued on E-zoned lots, and that applicants involving permits submitted on or after December
12, 2023, for additions or modifications of structures, shall only be responsible for removing exotics within 30 feet of
the improved area described on such permit. Unlike the previous version, a permit application will no longer initiate the
removal of exotics along the perimeter of the property. The new version also exempts permit applications involving
fences and small sheds (under 60 square feet), but makes it necessary to remove exotics when constructing a cabana. On
December 9, 2025, the Board reviewed a request from staff asking for direction to advertise an Ordinance that would
amend the LDC. The Board agreed to expand the scope of the provisions so that all existing single-family homes would
be covered. This is reflected in the draft Ordinance.
DSAC-LDR Subcommittee Recommendation: On August 19, 2025, the DSAC-LDR Subcommittee reviewed
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1/13/2026
Item # 17.F
ID# 2025-4945
PL20250006145 and voted (3-2) to deny the amendment, citing concerns about the continued propagation of exotics as
well as the role exotics play in acting as fuel for wildfires in the Estates area. Before the vote, the discussion
acknowledged that, under the prevailing view, it is customary for owners to bear the financial burden of developing
property in the County, including the removal of exotics. A suggestion was made to increase the size of a proposed shed
that would be exempted from the removal of exotics, but the Subcommittee could not reach a full agreement.
DSAC Recommendation: On September 3, 2025, the DSAC-LDR Subcommittee reviewed PL20250006145 and voted
(11-1) to deny the amendment, citing similar reasons that were discussed at the DSAC-LDR Subcommittee meeting.
CCPC Recommendation: On October 16, 2025, the CCPC reviewed PL20250006145 and unanimously voted to deny
the amendment. Discussion among the CCPC and with staff prior to their decision included 1) seed source spreading
across property lines; 2) impacting drainage; 3) the argument that the proposed regulations undermine the County’s
current requirement that properties be maintained free from exotics in perpetuity; 4) concerns about wildfire; 5) the high
cost of removing exotics; and 6) including an exemption for fences.
This item is consistent with the Collier County Strategic Plan objective of Community Development by operating an
efficient and customer-focused permitting process.
FISCAL IMPACT: There are no anticipated fiscal or operational impacts to the County's stakeholders associated with
this LDC amendment. The costs associated with processing and advertising the proposed LDC amendment are estimated
at $50. Funds have been allocated within the Unincorporated Area General Fund (1011) and the Comprehensive
Planning Cost Center (138317).
GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires an affirmative vote of four
for approval. --HFAC
RECOMMENDATION(S): To adopt an Ordinance amending the Collier County Land Development Code to update
the regulations pertaining to the removal of prohibited exotic vegetation.
PREPARED BY: Eric L Johnson, AICP, CFM, Planning Manager, Zoning Division
ATTACHMENTS:
1. Draft Ordinance (12-10-2025)
2. LDCA (12-10-2025)
3. legal ad - agenda ID 25-4945 - Removal of Exotic Vegetation Updates LDCA - 1.13.26 BCC
4. Business Impact Estimate - agenda ID 25-4945 - Removal of Exotic Vegetation Updates LDCA - 1.13.26 BCC
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ORDINANCE NO. 26 – ___
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41,
AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO
UPDATE THE REGULATIONS PERTAINING TO THE REMOVAL OF
PROHIBITED EXOTIC VEGETATION, BY PROVIDING FOR SECTION ONE,
RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE,
ADOPTIONS OF AMENDMENTS TO THE LAND DEVELOPMENT CODE,
MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER THREE
– RESOURCE PROTECTION, INCLUDING SECTION 3.05.08
REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC VEGETATION;
SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE,
INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;
AND SECTION SIX, EFFECTIVE DATE. (PL20250006145)
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Collier County Planning Commission, sitting as the land planning agency,
did hold an advertised public hearing on October 16, 2025, and reviewed the proposed
amendments for consistency with the Comprehensive Plan and did not recommend approval; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold
an advertised public hearing on _____________, 2025, and did take action concerning these
amendments to the LDC; and
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WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required by
Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community
Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers
of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if fully
set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1).
F.S., mandates that Collier County adopt land development regulations that are consistent with
and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are not
consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended
so as to be consistent.
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5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the
use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive
plan pursuant to the requirements of § 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental agencies
in regard to land covered by such comprehensive plan or element shall be consistent with such
comprehensive plan or element as adopted.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses, densities
or intensities, capacity or size, timing, and other aspects of development are compatible with, and
further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and
if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to overcome
present handicaps; and to deal effectively with future problems that may result from the use and
development of land within the total unincorporated area of Collier County and it is intended that
this Land Development Code preserve, promote, protect and improve the public health, safety,
comfort, good order, appearance, convenience and general welfare of Collier County; to prevent
the overcrowding of land and avoid the undue concentration of population; to facilitate the
adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational
facilities, housing and other requirements and services; to conserve, develop, utilize and protect
natural resources within the jurisdiction of Collier County; to protect human, environmental, social
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and economic resources; and to maintain through orderly growth and development, the character
and stability of present and future land uses and development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: AMENDMENTS TO SECTION 3.05.08 REQUIREMENT FOR REMOVAL
OF PROHIBITED EXOTIC VEGETATION
Section 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation, of Ordinance 04-41,
as amended, the Collier County Land Development Code, is hereby amended to read as follows:
Section 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation
* * * * * * * * * * * *
C. Applicability to new structures and to additions on single-family and two-family lots.
1. In addition to the other requirements of this section, the applicant shall be required
to remove all prohibited exotic vegetation before a certificate of occupancy is
granted on any new principal or accessory structure and any additions to the
square footage of the principal or accessory structures on single-family or two-
family lots. For an Estates-zoned lot with an existing single-family dwelling that has
been issued a certificate of occupancy or for any lot in a residential zoning district
with an existing single-family or two-family dwelling that has been issued a
certificate of occupancy, the applicant shall only be responsible for removing
prohibited exotic vegetation within 30 feet of the addition or modification of
structure(s) described in any permit application submitted for principal or
accessory structures on or after December 12, 2023.
2. The requirement to remove prohibited exotic vegetation This shall not apply to
tents, awnings, fences, cabanas, utility storage sheds under 60 square feet, or
screened enclosures not having a roof impervious to weather. This shall not apply
to interior remodeling of any existing structure.
3. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon
issuance of a vegetation removal permit, subject to the provisions in LDC section
3.05.02 F. and G., prohibited exotic vegetation may be removed prior to issuance
of a building permit.
* * * * * * * * * * * * *
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SECTION FOUR: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered
or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ___ day of _______________, 2026.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA
By:__________________________ By:________________________________
, Deputy Clerk Dan Kowal, Chairman
Approved as to form and legality:
__________________________
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20250006145
SUMMARY OF AMENDMENT
This amendment updates the provisions related to the removal of prohibited
exotic vegetation in the Land Development Code (LDC) by identifying
additional site improvements that may occur without initiating the removal
requirements. LDC amendments are reviewed by the Board of County
Commissioners (Board), Collier County Planning Commission (CCPC),
Development Services Advisory Committee (DSAC), and the Land
Development Review Subcommittee of the DSAC (DSAC-LDR
Subcommittee).
ORIGIN
Growth Management
Community Development
Department (GMCDD)
HEARING DATES LDC SECTION TO BE AMENDED
Board 01/13/2025
12/09/2025
03.05.08 Requirement for Removal of Prohibited Exotic Vegetation
CCPC 10/16/2025
DSAC 09/03/2025
DSAC-LDR 08/19/2025
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Denial
DSAC
Denial (11-1)
CCPC
Denial
BACKGROUND The first tree protection ordinance was adopted by the County as Ord. No. 1973-23. It
included provisions for a tree removal permit process, and it identified a short list of tree species that were
exempted from protection. The ordinance was amended in 1974 and then repealed/replaced twice; once in 1975
and again in 1976, the latter of which represents the time when the County adopted comprehensive zoning
regulations for the Coastal Area Planning District (i.e., Ord. No. 1976-30).
When Ord. No. 1979-73 was adopted, the County started requiring the removal of exotic plants on properties
where improvements were proposed, except on land used for agricultural purposes or on properties zoned and
platted for single-family residential homes. In January 1982, the County adopted a new zoning ordinance (Ord.
No. 1982-2); however, this new ordinance inadvertently omitted the Exotic Vegetation Section and was corrected
in May 1982 with the adoption of Ord. No. 1982-37, reinstituting the requirement that exotics be removed on all
lands, except for single-family residential use or agriculturally zoned lands.
Additional changes to the code would be made over the years, notably with the adoption of Ord. No. 2004-08,
which introduced the requirement for preserve management plans and the removal of exotic vegetation within the
first 75 feet of the outer edge of every preserve; however, single family residences were specifically exempted.
When the code was comprehensively updated again with the passage of Ord. No. 2004-41, the requirement for
removing exotic vegetation prior to the issuance of a certificate of occup ancy was extended to include new
principal and accessory structures on single- and two-family lots. However, tents, awnings, cabanas, utility
storage sheds, and screen enclosures were not exempted until the adoption of Ord. No. 2005-27.
Subsequent amendments to LDC section 3.05.08 occurred in 2008 and 2015. At the Board hearing on December
12, 2023, under Staff and Commission General Communications, Commissioner Hall requested that staff update
the LDC as it pertains to the removal of exotic vegetation. LDC amendments are reviewed by the Board, Collier
County Planning Commission (CCPC), Development Services Advisory Committee (DSAC), and the Land
Development Review Subcommittee of the DSAC (DSAC-LDR Subcommittee). To address the Board’s concern,
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an LDC amendment was drafted (i.e., PL20230018350), which proposed to exempt new structures and additions
on Estate (E)-zoned lots from being required to remove exotics within the cleared areas of the lot, plus 7.5 feet
around the perimeter of the property. This amendment was presented to the DSAC-LDR Subcommittee, who
recommended approval but with changes. On February 7, 2024, the DSAC reviewed PL20230018350 but
recommended denial. On March 7, 2024, the CCPC also reviewed the earlier iteration of this amendment and
unanimously voted to deny it. On March 12, 2024, staff requested direction from the Board to advertise the draft
Ordinance; however, the Board voted to continue the item. This earlier iteration, including the relevant minutes
from the Board hearing, is provided in Exhibit A.
After PL20230018350 was continued by the Board, staff drafted a newer version to emphasize that that a
certificate of occupancy must have been previously issued on E-zoned lots, and that applicants involving permits
submitted on or after December 12, 2023, for additions or modifications of structures, shall only be responsible
for removing exotics within 30 feet of the improved area described on such permit. Unlike the previous version,
a permit application will no longer initiate the removal of exotics along the perimeter of the property. The new
version also exempts permit applications involving fences and small sheds (under 60 square feet) but makes it
necessary to remove exotics when constructing a cabana.
DSAC-LDR Subcommittee Recommendation:
On August 19, 2025, the DSAC-LDR Subcommittee reviewed PL20250006145 and voted (3-2) to deny the
amendment, citing concerns for the continued propagation of exotics as well as the role exotics play in acting as
fuel for wildfires in the Estates area. Before the vote was taken, the discussion included an acknowledgement
from the prevailing view that it is customary for owners to bear the financial burden when developing property
in the County, including the removal of exotics. A suggestion was made to increase the size of a proposed shed
that would be exempted from the removal of exotics, but the Subcommittee could not come to full agreement.
DSAC Recommendation:
On September 3, 2025, the DSAC-LDR Subcommittee reviewed PL20250006145 and voted (11-1) to deny the
amendment, citing similar reasons that were discussed at the DSAC-LDR Subcommittee meeting.
CCPC Recommendation:
On October 16, 2025, the CCPC reviewed PL20250006145 and unanimously voted to deny the amendment.
Discussion among the CCPC and with staff prior to their decision included 1) seed source spreading across
property lines; 2) impacting drainage; 3) the argument that the proposed regulations undermines the County’s
current requirement that properties be maintained free from exotics in perpetuity; 4) concerns about wildfire; 5)
the high cost of removing exotics; and 6) including an exemption for fences.
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts associated with this amendment.
GMP CONSISTENCY
The proposed LDC amendment has been reviewed by
Comprehensive Planning staff and may be deemed
consistent with the GMP.
EXHIBITS: Exhibit A – PL20230018350 Previous Iteration and Board Minutes 03/12/2024
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Amend the LDC as follows:
1
3.05.08 – Requirements for Removal of Prohibited Exotic Vegetation 2
3
Prohibited exotic vegetation specifically includes the following: 4
5
Earleaf acacia (Acacia auriculiformis) 6
7
Australian pine (Casuarina spp.) 8
9
Melaleuca (Melaleuca spp.) 10
11
Catclaw mimose (Minosa pigra) 12
13
Downy rosemyrtle (Rhodomyrtus tomentosa) 14
15
Brazilian pepper (Schinus terebinthifolius) 16
17
Java plum (Syzygium cumini) 18
19
Women's tongue (Albizia lebbeck) 20
21
Climbing fern (Lygodium spp.) 22
23
Air potato (Dioscorea bulbifera) 24
25
Lather leaf (Colubrina asiatica) 26
27
Carrotwood (Cupaniopsis anacardioides) 28
29
A. General. 30
31
1. Prohibited exotic vegetation removal and methods of removal shall be conducted 32
in accordance with the specific provisions of each local development order. 33
34
2. Native vegetation shall be protected during the process of removing prohibited 35
exotic vegetation, in accord with the provisions of LDC section 3.05.04. 36
37
3. Prohibited exotic vegetation shall be removed from the following locations, and 38
within the following timeframes: 39
40
a. From all rights-of-way, common area tracts not proposed for development, 41
and easements prior to preliminary acceptance of each phase of the 42
required subdivision improvements. 43
44
b. From each phase of a site development plan prior to the issuance of the 45
certificate of occupancy for that phase. 46
47
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c. From all golf course fairways, roughs, and adjacent open space/natural 1
preserve areas prior to the issuance of a certificate of occupancy for the 2
first permitted structure associated with the golf course facility. 3
4
d. From property proposing any enlargement of existing interior floor space, 5
paved parking area, or substantial site improvement prior to the issuance 6
of a certificate of occupancy. 7
8
4. In the case of the discontinuance of use or occupation of land or water or structure 9
for a period of 90 consecutive days or more, property owners shall, prior to 10
subsequent use of such land or water or structure, conform to the regulations 11
specified by this section. 12
13
5. Verification of prohibited exotic vegetation removal shall be performed by the 14
County Manager or designee.6.Herbicides utilized in the removal of prohibited 15
exotic vegetation shall have been approved by the U.S. Environmental Protection 16
Agency. Any person who supervises up to eight (8) people in the application of 17
pesticides and herbicides in the chemical maintenance of exotic vegetation in 18
preserves, required retained native vegetation areas, wetlands, or LSPA shall 19
maintain the Florida Dept. of Agriculture and Consumer Services certifications for 20
Natural Areas Pesticide Applicators or Aquatic Herbicide Applicators dependent 21
upon the specific area to be treated. When prohibited exotic vegetation is removed, 22
but the base of the vegetation remains, the base shall be treated with an U.S. 23
Environmental Protection Agency approved herbicide and a visual tracer dye shall 24
be applied. 25
26
B. Exotic vegetation maintenance plan. A maintenance plan shall be submitted to the County 27
Manager or designee for review on sites which require prohibited exotic vegetation 28
removal prior to the issuance of the local development order. This maintenance plan shall 29
describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the 30
site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a 31
minimum. Issuance of the local development order shall be contingent upon approval of 32
the maintenance plan. Noncompliance with this plan shall constitute violation of this 33
section. The County Manager or designee shall inspect sites periodically after issuance of 34
the certificate of occupancy, or other final acceptance, for compliance with this section. 35
36
C. Applicability to new structures and to additions on single-family and two-family lots. 37
38
1. In addition to the other requirements of this section, the applicant shall be required 39
to remove all prohibited exotic vegetation before a certificate of occupancy is 40
granted on any new principal or accessory structure and any additions to the 41
square footage of the principal or accessory structures on single-family or two-42
family lots. For an Estates-zoned lot with an existing single-family dwelling that has 43
been issued a certificate of occupancy or for any lot in a residential zoning district 44
with an existing single-family or two-family dwelling that has been issued a 45
certificate of occupancy, the applicant shall only be responsible for removing 46
prohibited exotic vegetation within 30 feet of the addition or modification of 47
structure(s) described in any permit application submitted for principal or 48
accessory structures on or after December 12, 2023. 49
50
Page 14034 of 14062
5
G:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2026\Jan 13\Materials\PL20250006145 Removal of Prohibited
Exotics - LDCA (12-10-2025).docx
2. The requirement to remove prohibited exotic vegetation This shall not apply to 1
tents, awnings, fences, cabanas, utility storage sheds under 60 square feet, or 2
screened enclosures not having a roof impervious to weather. This shall not apply 3
to interior remodeling of any existing structure. 4
5
3. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon 6
issuance of a vegetation removal permit, subject to the provisions in LDC section 7
3.05.02 F. and G., prohibited exotic vegetation may be removed prior to issuance 8
of a building permit. 9
10
D. Exceptions. Prohibited exotic vegetation may remain on property when the County 11
Manager or designee receives a request from the property owner to retain the vegetation. 12
The County Manager or designee shall approve such a request upon finding that at least 13
one of the following criteria has been met. 14
15
1. The prohibited exotic vegetation has been previously approved through the County 16
development review process and planted in accordance with the landscape 17
requirements at the time of final local development order approval. 18
19
2. The subject lot is developed with, or proposed to be developed with, a single family 20
dwelling unit, and: 21
22
a. is not within the RFMU Sending Lands overlay district; and 23
24
b. is not within a NRPA overlay district; and 25
26
c. is not located on a undeveloped coastal barrier island; and 27
28
d. the vegetation requested to be retained is an existing Java plum tree(s) that 29
has attained a single-trunk diameter at breast height (DBH) of 18 inches or 30
more. 31
32
3. The prohibited exotic vegetation contains a nest of a bald eagle. Where such 33
vegetation occurs within a bald eagle nest protection zone, removal shall be in 34
accordance with the FWC Bald Eagle Management Plan and FWC Bald Eagle 35
Management Guidelines, or as otherwise permitted by the FWC and/or USFWS. 36
Where a bald eagle nest is determined to be "lost" as defined by the FWC, such 37
vegetation shall be removed as required by LDC section 3.05.08. 38
39
# # # # # # # # # # # # # 40
Page 14035 of 14062
I t Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel
Collier County, Florida
3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324
Phone: (239) 252-2646
tiofC
Fkoot yc‘
os,
Publication Confirmation
COLLIER COUNTY STATE OF FLORIDA
The attached copy of advertisement,
Removal of Prohibited Exotic Vegetation Updates
LDCA) (PL20250006145) -BCC 01/13/2026 was
published on the publicly accessible website
https://notices.collierclerk.com as designated by Collier
County, Florida on 12/23/2025.
THIS IS NOT AN AFFIDAVIT OF PUBLICATION.
Page 14036 of 14062
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County
Commissioners (BCC) at 9:00 A.M. on January 13, 2026, in the Board of County Commissioners
Meeting Room,third floor,Collier Government Center,3299 Tamiami Trail East,Naples,FL to consider:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA,AMENDING ORDINANCE NUMBER 04-41,AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, TO UPDATE THE REGULATIONS PERTAINING TO
THE REMOVAL OF PROHIBITED EXOTIC VEGETATION, BY PROVIDING FOR
SECTION ONE,RECITALS; SECTION TWO,FINDINGS OF FACT; SECTION THREE,
ADOPTIONS OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER THREE — RESOURCE
PROTECTION, INCLUDING SECTION 3.05.08 REQUIREMENT FOR REMOVAL OF
PROHIBITED EXOTIC VEGETATION; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20250006145]
N 1 Collier County
J Florida
i
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8W1D it a l':•
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1 :! 6
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IQEVa01A0E1 ____
Page 14037 of 14062
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.All interested
parties are invited to attend and be heard.
All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the
agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.The selection of any
individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson
for a group or organization may be allotted ten(10) minutes to speak on an item. Written materials intended to be
considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the
public hearing.All materials used in presentations before the Board will become a permanent part of the record.
As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide
public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate
remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events
on the County website at www.collier.gov/Calendar-Events-directory after the agenda is posted on the County
website. Registration should be done in advance of the public meeting, or any deadline specified within the public
meeting notice.Individuals who register will receive an email in advance of the public hearing detailing how they can
participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The
County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey
Willig at 252-8369 or email to Geoffrey.Willig@a,collier.gov.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto
and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities
Management Division, located at 3335 Tamiami Trail East, Suite 101,Naples,FL 34112-5356,(239)252-8380,at
least two(2)days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board
of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
DANIEL KOWAL,CHAIRMAN
CRYSTAL K.KINZEL,
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
Page 14038 of 14062
c`sc IT COUko.4,
Z
1 S
Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel
cg Collier County, Florida
u* 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324
Phone: (239) 252-2646
k COUNT\'
Publication Confirmation
COLLIER COUNTY STATE OF FLORIDA
The attached copy of advertisement,
BIE-Removal of Prohibited Exotic Vegetation Updates
LDCA) (PL20250006145)-BCC 01/13/2026 was
published on the publicly accessible website
https://notices.collierclerk.com as designated by Collier
County, Florida on 12/23/2025.
THIS IS NOT AN AFFIDAVIT OF PUBLICATION.
Page 14039 of 14062
p4L I
C^o IDS:..
O U .
Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the County's website by the time notice of
the proposed ordinance is published.
Published on County website by: 12/23/2025 expected legal advertising date]
Proposed ordinance's Short Title:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, TO UPDATE THE REGULATIONS PERTAINING TO
THE REMOVAL OF PROHIBITED EXOTIC VEGETATION, BY PROVIDING FOR
SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE,
ADOPTIONS OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER THREE — RESOURCE
PROTECTION, INCLUDING SECTION 3.05.08 REQUIREMENT FOR REMOVAL OF
PROHIBITED EXOTIC VEGETATION; SECTION FOUR, CONFLICT AND
SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20250006145]
This Business Impact Estimate is provided in accordance with section 125.66(3), Florida
Statutes. If one or more boxes are checked below, this means the County is of the view
that a business impact estimate is not required by state law' for the proposed ordinance,
but the County is, nevertheless, providing this Business Impact Estimate as a courtesy
and to avoid any procedural issues that could impact the enactment of the proposed
ordinance. This Business Impact Estimate may be revised following its initial posting.
The proposed ordinance is required for compliance with Federal or State law or
regulation;
The proposed ordinance relates to the issuance or refinancing of debt;
The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the county government;
The proposed ordinance is an emergency ordinance;
The ordinance relates to procurement; or
The proposed ordinance is enacted to implement the following:
1 See Section 125.66(3)(c), Florida Statutes.
1
Page 14040 of 14062
a. Development orders and development permits, as those terms are defined in
Section 163.3164, and development agreements, as authorized by the Florida
Local Government Development Agreement Act under Sections 163-3220-
163.3243;
b. Comprehensive Plan amendments and land development regulation
amendments initiated by application by a private party other than Collier
County;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that
an exemption noted above may apply, the County hereby publishes the following
information:
1. Summary of the proposed ordinance (must include a statement of the public purpose,
such as serving the public health, safety, morals and welfare):
To update the regulations pertaining to the removal of prohibited exotic vegetation.
2. An estimate of the direct economic impact of the proposed ordinance on private, for-
profit businesses in the County, if any:
a)An estimate of direct compliance costs that businesses may reasonably incur;
b) Any new charge or fee imposed by the proposed ordinance or for which businesses
will be financially responsible; and
c) An estimate of the County's regulatory costs, including estimated revenues from any
new charges or fees to cover such costs.
There will be little to no direct economic impact from the proposed ordinance on private,
for-profit businesses in the County. No new charge or fee will be imposed on businesses
if this Ordinance is adopted.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
No businesses are to be impacted by the proposed ordinance.
4. Additional information the governing body deems useful (if any):
None.
2
Page 14041 of 14062