Fort Myers, FL Environmental Rules: Mangrove Protection (2026)

The 1996 Mangrove Trimming and Preservation Act (FS 403.9321 through 403.9333) preempts local mangrove regulation in Florida and vests authority in FDEP. The Act protects three species: red mangrove (Rhizophora mangle), black mangrove (Avicennia germinans), and white mangrove (Laguncularia racemosa). Under FS 403.9326 the Act distinguishes 'trimming' (which preserves the plant) from 'alteration' (removal, defoliation, or destruction). Delegation under FS 403.9324 allows qualified local governments to administer the program — but Lee County and the City of Fort Myers are NOT delegated, so all mangrove permits for Fort Myers properties are issued by FDEP's South District office in the State Office Building at 2295 Victoria Avenue (Office 364), Fort Myers, (239) 344-5600. Limited homeowner trimming exemptions are codified at FS 403.9326(2): a residential property owner may trim a riparian mangrove fringe without a permit only if (a) the fringe is no more than 10 feet in height, (b) the trim does not reduce any mangrove below 6 feet, and (c) no defoliation occurs. Mangroves more than 10 feet tall, mangroves outside a riparian fringe, mangroves in a wetland forested area, and mangroves on any non-residential property require a permit issued by FDEP or a Professional Mangrove Trimmer (PMT). PMTs must be registered with FDEP under FS 403.9329. Removal or 'alteration' of any mangrove (regardless of size) requires a permit and typically requires mitigation through replanting at a ratio set by FDEP. The Caloosahatchee River and tidal creeks in Fort Myers support significant mangrove fringe; manatee protection rules and seagrass overlap mean FDEP review often involves consultation with FWC. Florida Statutes 403.9332 sets civil penalties of up to $250 per mangrove (or per linear foot for in-water trimming/removal) for unpermitted work, with criminal misdemeanor liability under FS 403.9333.