Daytona Beach, FL Hurricane Preparedness: Storm Debris (2026)
Key Facts
- Trigger
- Proclaimed state of emergency
- Authority
- City may enter private ROW for debris
- Condition
- Owner must sign hold-harmless agreement
- Adopted
- Ord. 06-397 (2006), amended Ord. 11-221 (2011)
- Statute basis
- Fla. Stat. ch. 252 CEMP
Summary
During a declared state of emergency, Daytona Beach may enter private streets and rights-of-way inside any subdivision to collect storm debris blocking a right-of-way or utility easement, but only after the street's owner signs a written agreement holding the county, state and federal government harmless. City Code § 2-3(b)(11) supplies the authority.
(11)Enter onto private streets and rights-of-way within any subdivision for the purpose of collection of debris located in the right-of-way or utility easements. Prior to entry upon any private streets or rights-of-way, the owner of the streets and rights-of-way shall provide written agreement to hold the county, state, and United States harmless from liability associated with the removal of debris.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 78 | Land Development Code: Supplement 36).
Full Breakdown
Daytona Beach's Comprehensive Emergency Management Plan operates under City Code Chapter 2, Article I, and Section 2-3 spells out the emergency powers the city can use once a state of emergency has been proclaimed, typically ahead of or after a hurricane. Subsection (b)(11) is the debris-specific power: the city can enter onto private streets and rights-of-way inside any subdivision to collect debris blocking the right-of-way or a utility easement. Before crews cross onto those private streets, the code requires the owner of the private street or right-of-way, usually a homeowners association, to sign a written agreement releasing the county, the State of Florida and the United States from liability tied to the debris removal.
Without that signed release on file, the private-street owner has to arrange its own storm debris pickup, because the city's right of entry does not apply automatically. Section 2-3(a) ties this authority to the Comprehensive Emergency Management Plan adopted under Florida Statutes Chapter 252, and subsection (b) states the eleven enumerated powers, including curfews, confiscation of needed equipment and price-gouging limits, are illustrative rather than an exhaustive list of what the city can do during a proclaimed emergency. The current version of Section 2-3 traces to Ordinance No.
06-397, adopted October 4, 2006, and was amended by Ordinance No. 11-221 on September 21, 2011. Residents of gated communities or HOA-governed subdivisions with private streets should confirm with their association whether the hold-harmless agreement is on file, since it determines whether city contractors can clear storm debris from those roads after a hurricane.
Violations & Fines
Section 2-3 sets no fine of its own; it grants emergency authority to the city rather than imposing a duty on residents. The practical consequence for a subdivision with private streets is that if the street's owner will not sign the hold-harmless release, city debris crews cannot legally enter, leaving debris removal to the association's own contractor at the association's expense.
Frequently Asked Questions
Can the city pick up hurricane debris from my private subdivision street?
Does the city need my individual permission to remove storm debris from my yard?
What other emergency powers can Daytona Beach use during a hurricane?
Sources & Official References
Other rules in Daytona Beach
Florida rules heatmap·Compare Daytona Beach to another location·View the Florida hurricane preparedness overview
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Storm Debris in Nearby Cities
How other cities in Volusia County handle storm debris.