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Cape Coral, FL Landscaping Rules: Tree Removal & Heritage Trees (2026)

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

Tree removal permit rules in Cape Coral, FL, sometimes called heritage tree, protected tree, or street tree ordinances, list which trees require a permit before you can cut them down.

Key Facts

Permit name
Land Clearing and Fill permit
Reviewing official
Director, Dept. of Community Development
Triggers permit
Tree/vegetation clearing, stump grubbing, filling
No permit needed
Invasive plant removal, ag. land clearing
Engineer certification
May be required by the Director

Summary

Cape Coral requires a Land Clearing and Fill permit before clearing trees and vegetation on a site, under Land Development Code Section 5.3.2. The permit applies whenever tree and vegetation removal isn't already covered by an approved Site Development Plan, Final Subdivision Plan, or building permit, and the Director can require a professional engineer to certify the work.

A.Proposed alterations to ground elevation or vegetative cover not associated with an approved Site Development Plan, Final Subdivision Plan, or building permit shall be submitted to the Director with an application for a permit for Land Clearing and Fill containing the required plans and documentation. The director may require certification by a registered professional engineer that site improvements have been made in accordance with permits issued pursuant to this Section.B.The following activities shall require a site improvement permit:1.Clearing of trees and vegetation without disturbing the soil surface;2.Clearing including stump removal and grubbing of top soils; and3.Filling. ... F.The following land clearing activities shall not require a permit:1.Removal of invasive plants without disturbance of the soil; or2.Land clearing for agricultural uses.

Source: Cape Coral Municipal CodeView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 38).

Full Breakdown

Section 5.3.2.A of the Land Development Code requires that 'proposed alterations to ground elevation or vegetative cover not associated with an approved Site Development Plan, Final Subdivision Plan, or building permit shall be submitted to the Director with an application for a permit for Land Clearing and Fill containing the required plans and documentation.' The Director can also require a Florida-registered professional engineer to certify that the work matches what the permit authorized.

Subsection B spells out exactly which activities trigger this site improvement permit: clearing trees and vegetation without disturbing the soil surface, clearing that includes stump removal and grubbing of topsoil, and filling. Once cleared, the applicant is responsible for maintaining, repairing, and replacing vegetation as Chapter 8 requires, and any unhealthy, dying, or dead required plant material must be replaced in the next planting season. Excavation beyond simple surface contouring for erosion control needs a Site Development Plan or Subdivision Construction Plan, not just a clearing permit, and outside agricultural zoning the city will not permit any new borrow pit or mining activity at all.

Two narrow activities skip the permit entirely under subsection F: removing invasive plants without disturbing the soil, and land clearing for agricultural uses. Everything else, including routine tree removal tied to new construction, needs the Land Clearing and Fill permit application reviewed by the Department of Community Development before any clearing starts.

Violations & Fines

Clearing trees, grubbing stumps, or filling land without the Section 5.3.2 permit, or clearing beyond what an approved Site Development Plan or building permit authorizes, is a code violation the Department of Community Development can act on. Because the permit process ties directly into site plan and subdivision approval, unpermitted clearing can also delay or block final inspection and certificate of occupancy until the site is brought into compliance or restored.

Frequently Asked Questions

Do I need a permit to remove trees in Cape Coral?
Yes, unless the removal is already covered by an approved Site Development Plan, Final Subdivision Plan, or building permit. Section 5.3.2 requires a Land Clearing and Fill permit application to the Director for clearing trees and vegetation, including stump removal and grubbing.
Is there ever an exception to the tree removal permit?
Yes. Section 5.3.2.F exempts removal of invasive plants that doesn't disturb the soil, and land clearing done for agricultural uses. Every other tree or vegetation clearing activity listed in subsection B needs the permit.
Can the City require an engineer to sign off on land clearing?
Yes. Section 5.3.2.A lets the Director require certification by a registered professional engineer confirming that site improvements were completed in accordance with the permit issued under this section.

Sources & Official References

Other rules in Cape Coral

All Cape Coral rules

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