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

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

Tree removal permit rules in Melbourne, 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
City Code § 9.272(a), (h)
Permitting agency
Engineering department (land alteration permit)
Trim exemption
Up to 20% of canopy, no permit needed
Enforcement
Code compliance division / code enforcement board
Replacement rule
Equal cumulative diameter, 12 ft min. height
CO withheld
Until illegally removed trees are replaced

Summary

Cutting down, destroying, or moving any tree in Melbourne requires a land alteration permit from the engineering department, though trimming up to 20 percent of a tree's canopy is exempt. City Code Sec. 9.272 sets the application process, exceptions, and replacement duties for anyone removing trees during development or on an existing site.

(a)Generally.(1)No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging any tree located on any property within the city without first obtaining a permit, unless otherwise provided herein in subsection (b) of this section. Trees may be trimmed up to 20 percent of their canopy without obtaining a land alteration permit.

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 32).

Full Breakdown

Sec. 272(a)(1) bars any person from cutting down, destroying, removing, moving, or otherwise damaging a tree anywhere in the city without a permit, though canopy trimming up to 20 percent is exempt from that requirement. S. Fish and Wildlife Service approval under Sec. 272(a)(2). Subsection (b) exempts several categories from the permit entirely: trees at licensed nurseries, trees legally required to be removed, trees no longer viable or endangering structures or utilities, and any tree on a lot with an existing one-, two-, or three-family dwelling; the city manager can also waive the requirement temporarily during a declared emergency like an approaching hurricane.

Application requirements scale with the project: a residential lot or small non-residential site submits a scaled sketch showing tree types and locations, while larger sites of an acre or more must submit a certified tree survey overlaid on the site plan, and projects of ten acres or more may use a sampling method covering at least 10 percent of the site across a minimum of three sample areas. Sec. 272(f) requires protective barriers around preserved trees during construction, built of two-by-two posts linked with fencing material and kept at the tree's drip line.

If a tree is illegally removed, Sec. 272(h) lets the code compliance division cite the owner and the person who removed it, treats each day of noncompliance as a separate offense, and requires the owner to plant a same-type replacement of equal cumulative trunk diameter and at least 12 feet tall before any certificate of occupancy issues.

Violations & Fines

Removing a regulated tree without the required land alteration permit is citable before the code enforcement board under Sec. 9.272(h), with each day of noncompliance a separate offense and the loss of the tree treated as an "irreversible and irreparable violation." The owner must replant a same-type tree of at least equal cumulative trunk diameter, at least 12 feet tall, and the city withholds any certificate of occupancy until that replacement is installed.

Frequently Asked Questions

Do I need a permit to remove a tree in Melbourne?
Generally yes. Sec. 9.272(a)(1) bars cutting down, destroying, removing, or damaging any tree on city property without first getting a land alteration permit from the engineering department, though trimming up to 20 percent of a tree's canopy is exempt from that requirement.
What happens if I remove a protected tree in Melbourne without a permit?
The code compliance division can cite you before the code enforcement board under Sec. 9.272(h), with each day of noncompliance a separate offense, and you must replace the tree with one of the same type and at least equal cumulative trunk diameter before the city will issue a certificate of occupancy.
Are trees on single-family lots exempt from Melbourne's tree removal permit?
Yes. Sec. 9.272(b)(5) exempts trees located on properties with existing one-, two-, and three-family dwellings from the land alteration permit requirement, though grand trees and habitat-protected vegetation carry separate rules regardless of lot type.

Sources & Official References

Other rules in Melbourne

All Melbourne rules

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