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Clay County, 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 Clay County, 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

Governing section
Code of Ordinances § 18.5-24
Protected tree size
6 inches DBH or larger
Applies to
Unincorporated Clay County only
Permit trigger
Required before commercial/industrial building permit
First violation
Written warning to correct practices
Second violation
Stop-work order under Standard Building Code
Appeal deadline
30 days to Board of Adjustment

Summary

Clay County requires an approved tree preservation plan before removal work begins on commercial, industrial, or public development sites, and no building permit issues without one under Code of Ordinances Sec. 18.5-24. On single-family lots, any tree with a trunk six inches or more in diameter still standing at the foundation inspection becomes a protected 'preserved tree,' and repeat violations can stop construction.

These county ordinances apply to unincorporated areas of Clay County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(a)Nonsingle-family residential. ... No building permit shall be issued to any owner or builder of commercial or industrial development unless the application for permit is accompanied by a tree preservation plan employing sound tree preservation practices consistent with section 18.5-23 and approved by a site plan reviewer. ... (c)Residential. This article shall apply to single-family residential construction according to the provisions of this subsection as hereinafter set forth.(1)All trees for which DBH is six (6) inches or greater left standing after the initial clearing and remaining at the time of the foundation inspection shall be designated as a preserved tree. ... (3)A warning for violation of this article if sound preservation practices are not being followed may be issued. Upon observation of a second violation for a specific tree or trees, a stop work order may be issued on the form and effect of the stop work order which may be issued under the Standard Building Code for violations thereof.

View 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 86).

Full Breakdown

5, Article II of the Clay County Code of Ordinances applies its tree preservation rules to commercial, industrial, and other nonsingle-family development, to county and other publicly owned projects, and to single-family residential construction, but only within the unincorporated county. Commercial and industrial builders cannot obtain a building permit unless the application includes a tree preservation plan employing sound preservation practices under Sec. 5-23 and it is approved by a site plan reviewer. That plan must show which protected trees will be removed, relocated, or retained, describe replacement measures, and note grade changes and drainage impacts.

A 'protected tree' under Sec. 5-22 is any tree, other than a pine, at least six inches in caliper within twenty feet of a street right-of-way, eight inches within ten feet of a property line, or twelve inches anywhere on the lot; pine trees, timber lands, agricultural land, and utility easements are exempt outside the Branan Field Corridor and Greater Lake Asbury District. For single-family lots, county building inspectors check at the foundation inspection and all later inspections that protective barriers and preservation practices are followed for every tree six inches DBH or larger left standing after clearing.

Positional-conflict trees must be barricaded before construction starts and given deep-root fertilization after final grading if over twelve inches DBH. Removed protected trees generally must be replaced: live oaks with live oaks matching the caliper removed, other species at thirty-three percent of caliper removed, rising to one hundred percent where the county finds significant canopy loss.

Violations & Fines

A first residential violation draws a written warning to fix noncompliant preservation practices. A second violation on the same tree triggers a stop-work order issued under the county's Standard Building Code procedure, halting all work until the violator corrects the problem, pays for reinspection, and passes it. Commercial and industrial projects that start without an approved tree preservation plan risk permit denial and site plan rejection. Appeals from any enforcement order go to the Clay County Board of Adjustment in writing within thirty days under Sec. 18.5-26.

Frequently Asked Questions

Do I need a permit to cut down a tree on my Clay County property?
Commercial, industrial, and public development sites cannot get a building permit without an approved tree preservation plan under Sec. 18.5-24. Single-family homeowners do not file a separate removal permit, but any tree six inches DBH or larger left standing after clearing becomes a protected 'preserved tree' that county inspectors check at the foundation inspection and afterward.
What counts as a protected tree in unincorporated Clay County?
Under Sec. 18.5-22, a protected tree is any tree other than a pine measuring six inches or more in caliper within twenty feet of a street right-of-way, eight inches within ten feet of a property line, or twelve inches anywhere else on the lot. Timber lands, farmland, and utility easements are exempt from the article outside the Branan Field Corridor and Greater Lake Asbury District.
What happens if I remove a protected tree without a preservation plan?
Removing a protected tree outside an approved plan is a violation of Sec. 18.5-24. Inspectors issue a written warning first; a second violation on the same tree brings a stop-work order under the county's Standard Building Code procedure, and the site cannot resume until the violation is corrected, reinspected, and passed at the owner's expense.

Sources & Official References

Other rules in Clay County

All Clay County rules

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