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Flagler 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 Flagler 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

Applies to
unincorporated Flagler County only
Protected tree
6 in. DBH or greater, listed species
Preservation minimum
50% single-family, 70% multi-family/non-res.
Max court fine
$500 per tree plus replacement
Barrier fine
$1,000 first violation + $100/day
Enforced by
Development Services Director

Summary

Unincorporated Flagler County requires a permit before removing or clearing any protected tree, defined as a listed species with a trunk six inches or greater in diameter. The rule sits in the county Land Development Code and governs only outside Palm Coast, Flagler Beach, Beverly Beach, Bunnell and Marineland, which run their own tree codes.

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

(1)No person shall proceed with protected tree removal or land clearing on any improved, vacant or unimproved land except in accordance with the procedures and standards of this section. ... (1)Fine and replacement. Each violation of this section shall be punishable in a court of competent jurisdiction by a fine of no more than five hundred dollars ($500.00) plus replacement of the trees removed from the site, unless indicated otherwise. The removal, relocation or destruction, including dripline encroachment, of each tree for which a permit is required in violation of this section shall constitute a separate offense under this section.

Full Breakdown

02 requires a tree survey less than 24 months old, a scaled site plan showing which protected trees will be retained, removed, relocated or replaced, and a landscaping plan submitted with the site plan, subdivision, building permit or special exception application. 03 sets preservation floors by land use: single-family lots must preserve or replant at least 50 percent of pre-development caliper inches, while multi-family, mobile home park, non-residential and mixed-use parcels must preserve or replant at least 70 percent, with stricter percentages inside the A1A Scenic Corridor.

06 exempts agricultural activity, right-of-way utility work, emergency clearing and licensed nurseries. 07 holds the property owner strictly liable for damage to a protected tree unless it resulted from an act of God, an act of war, permitted development activity, or documented vandalism reported to police. 09 lets a developer pay into county tree replacement in lieu of on-site planting, valued per caliper inch at the market rate of a delivered, installed 4-inch live oak.

Violations & Fines

Section 6.01.08 sets a court fine of up to $500 per violation plus mandatory replacement of the trees removed, and treats removal, relocation, destruction or dripline encroachment of each protected tree requiring a permit as a separate offense. Failing to install required tree protection barriers before clearing draws a $1,000 fine for a first violation before a special magistrate, plus $100 per day until barriers are installed. The county can also withhold site plan, building permit, or occupancy approvals until remedial action is completed.

Frequently Asked Questions

Do I need a permit to remove a tree on my property in unincorporated Flagler County?
Yes, if it is a protected tree species with a trunk six inches or greater in diameter. Flagler County Land Development Code Section 6.01.02 requires a tree survey and site plan submitted with any building, site plan, subdivision or special exception application before land clearing or protected tree removal proceeds.
What happens if I remove a protected tree without a permit in Flagler County?
The property owner is strictly liable under Section 6.01.07 unless the damage was caused by an act of God, an act of war, permitted development, or documented vandalism. Section 6.01.08 sets a court fine up to $500 per tree plus mandatory replacement, and the county can withhold future permits until remediation.
Does this rule apply if I live in Palm Coast or Flagler Beach?
No. This Land Development Code provision governs only unincorporated Flagler County. Palm Coast, Flagler Beach, Beverly Beach, Bunnell and Marineland each enforce their own separate tree and landscaping codes, so check with that city's code enforcement office instead.
Can I get a variance from the tree preservation requirement?
Yes. Section 6.01.10 designates the county's planning and development board as the protected tree board of adjustment, authorized to grant a variance where strict enforcement would create unnecessary hardship, following the same procedures used for zoning variances under Article III.

Sources & Official References

Other rules in Flagler County

All Flagler County rules

Florida rules heatmap·Compare Flagler County to another location·View the Florida landscaping rules overview

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