101 local rules on file · Pop. 34,518 · Brevard County
Showing ordinances that apply to Merritt Island, FL
Merritt Island is an unincorporated community with a population of approximately 34,518 in Brevard County, Florida. Because Merritt Island is not an incorporated city, it does not have its own municipal government or city code. Instead, Brevard County ordinances apply directly to residential and commercial properties here. The rules below are the county-level regulations that govern your area. Nearby incorporated cities in Brevard County may have different rules.
Brevard County vacation rental ordinance (Code §62-1841.5) limits overnight occupancy to 2 persons per bedroom plus 2 additional persons, with a cap of 12 total overnight guests. Applies in unincorporated areas. Coastal cities have their own stricter rules.
Brevard County requires vacation rental operators to carry $1 million liability insurance or hold an active DBPR vacation rental license which satisfies state coverage requirements. Proof submitted at registration and annual renewal.
These unincorporated areas are also governed by Brevard County ordinances.
STRs operating in permitted zones must comply with Brevard County's general noise ordinance Chapter 46, Article IV. Quiet hours are 10 PM to 7 AM. No STR-specific noise rules exist beyond the general ordinance.
Brevard County prohibits feeding alligators and sandhill cranes (Florida state crime). FWC Rule 68A-4.001 bans feeding most wildlife. Bear feeding illegal within county. Sea turtle disturbance (including feeding) prohibited May-October under FL §379.2431.
Brevard County may allow backyard chickens with limits. Roosters typically banned in residential areas. Livestock requires agricultural zoning. FL right-to-farm law protects ag uses.
Florida Statute Section 767.14 preempts all breed-specific legislation statewide. Brevard County cannot enact breed bans. Dangerous dog classifications are behavior-based under FL Sections 767.01-767.04. The BCSO Animal Enforcement Unit handles dangerous dog complaints.
Brevard County Chapter 14 requires dogs to be under physical control on a leash not exceeding 6 feet in all public areas. Off-leash areas include designated dog parks at Wickham Park and Lori Wilson Park. All owned dogs must be licensed with tags attached.
Brevard County Section 62-2133 allows administrative permits for farm animals as pets on GU-zoned lots of at least one acre. Permitted species include Vietnamese Pot Bellied Pigs and Pygmy Goats. FWC rules under FL Admin Code 68A-6 govern wildlife as personal pets.
Brevard County Section 62-2108 prohibits bees on non-agricultural zoned property. Beekeeping is permitted in agricultural (Ag) zones with Florida Department of Agriculture registration. State registration and inspection requirements apply.
Florida DCF licenses family day care homes (up to 10 children) under FL §402.313. Large family child care homes (up to 12) per FL §402.3131. Brevard County zoning allows in residential. Background checks and 40 hours DCF training required.
Florida Cottage Food Law (FL §500.80) allows home production of non-hazardous foods with $250,000 annual revenue cap. No state license required. Must label with operator info. Brevard County Health Dept provides guidance.
Brevard County prohibits commercial signage for home occupations in residential zoning districts. No visible evidence of business activity from the exterior is permitted. The land development regulations restrict all commercial signage in residential areas.
Brevard County Chapter 62 (Land Development Regulations) governs home occupations in unincorporated areas. Home businesses must not change the external appearance of the residence or generate traffic beyond normal residential levels. A business tax receipt is required from the county.
Home occupations in unincorporated Brevard County must not generate traffic beyond normal residential levels. No additional driveways or parking areas may be constructed to serve the business. The occupation must remain clearly incidental to the residential use.
Unincorporated Brevard County does not generally prohibit overnight street parking. Vehicles cannot block fire hydrants, driveways, or traffic flow. Beach access parking (SR A1A corridor) has overnight restrictions posted at specific lots and crossovers.
Brevard County requires an electrical permit for Level 2 (240V) EV charger installation. FL §718.113(8) protects condo owner EV charger rights. FPL offers EV rebates. Public charging along I-95, SR 528, and at Kennedy Space Center Visitor Complex.
Brevard County follows FL §316.1945 (72-hour street abandonment) and Code §62-2119 (inoperable vehicles on private property). Vehicles must have current registration and be operable if visible from street. Coastal salt corrosion makes abandonment enforcement common.
Brevard County Code Chapter 106 (Traffic and Vehicles) regulates parking in unincorporated areas. Residential street parking is subject to general traffic regulations. No overnight parking on major county roads. Temporary parking in right-of-way for RV loading/unloading limited to 24 hours.
Brevard County Section 62-2117(c) generally prohibits commercial vehicle parking in residential areas. Commercial vehicles and heavy equipment are restricted from residential zoning districts to maintain neighborhood character.
Brevard County Section 62-2117 limits RV storage to two recreational vehicles per residential property, with only one permitted in front of the house on the driveway. RVs may temporarily park in the right-of-way for loading/unloading up to 24 hours. Living in an RV is only permitted in agricultural (Ag) zoning.
Brevard County requires vehicles to park on approved surfaces in residential areas. Parking on grass, swales, or unpaved areas is a common code violation. RVs parked in the front yard must be on the driveway. Improperly stored vehicles are among the most frequent code complaints.
Western Brevard County has significant wildfire risk (scrub and pine flatwoods). Florida Forest Service manages wildfire response. Burn bans issued by Brevard County Emergency Management during drought. Defensible space encouraged; no mandatory clearance rules for residential.
Brevard County requires vacant lot maintenance and defensible space near structures under Code Ch. 14. Dry season October-May elevates wildfire risk in pine flatwoods and palmetto scrub areas west of I-95.
Recreational fire pits in unincorporated Brevard County are permitted when no burn ban is in effect. Fire pits must use clean wood fuel, be attended at all times, and maintain appropriate setbacks from structures. County burn bans override recreational fire pit use.
Brevard County enforces FL Statute 791 regarding fireworks. Consumer fireworks are legal on designated holidays (July 4, Dec 31, Jan 1) per Florida HB 1059. Permitted parades and fireworks displays are exempt from the noise ordinance under Section 46-127. Cities cannot ban use on designated holidays.
Brevard County requires Florida Forest Service authorization for all open burning in unincorporated areas. County Code Section 50 authorizes burn bans during drought conditions. Barrier island communities and Kennedy Space Center buffer zones have additional restrictions due to wildlife habitat sensitivity.
Brevard County requires building and electrical permits for hot tubs and spas. FL §515.25 pool barrier rules apply unless locking safety cover installed. GFCI protection mandatory. Hurricane wind-load anchoring required.
Brevard County Building Department requires permits for all pools, spas, and hot tubs. FL Building Code Ch. 4 and FL §515 Residential Swimming Pool Safety Act apply. Above-ground pools over 24 inches also require permits.
Brevard County enforces Florida Building Code and FL Statute 515 pool safety standards. Pools built after October 1, 2000 must include at least one approved safety feature. Building permits and inspections are required. The Brevard County DOH Environmental Health Division provides additional pool oversight.
Brevard County Section 62-2123 designates swimming pools as accessory uses requiring 5-foot setbacks from side and rear lot lines. Pools must be enclosed by a fence or screen enclosure with a secure gate per Section 22-278. Florida Building Code requires 48-inch minimum barrier height.
Above-ground pools in unincorporated Brevard County must comply with Florida Building Code barrier requirements and Section 62-2123 setback standards. Pools with walls less than 48 inches require additional fencing. Building permits required. The 130 mph wind zone affects structural requirements.
Brevard County Code Ch. 94 (Property Maintenance) requires weed abatement. Invasive species like Brazilian pepper and Australian pine are priority concerns along the Indian River Lagoon shoreline.
FL §373.185 preempts HOA bans on Florida-Friendly Landscaping. Brevard County encourages native plants through the Lagoon-Friendly Lawns program. Indian River Lagoon protection drives native plant incentives and fertilizer restrictions.
Brevard County allows and encourages residential rainwater harvesting. St. Johns River WMD offers rain barrel workshops. No state restrictions in Florida. HOA rules may govern visible placement.
Artificial turf allowed in Brevard County with proper drainage. HOA bans limited by FL §373.185. Heat buildup (can reach 150F+) and stormwater runoff into Indian River Lagoon are primary concerns. Not counted toward pervious surface requirements.
Brevard County Section 114-28(b) requires grass and weeds within 25 feet of improved property (including roads) to be maintained below 10 inches. Overgrown vegetation is among the most common code complaints in unincorporated areas. Dead standing trees near improved property must be removed per Section 114-28(c).
Brevard County follows St. Johns River Water Management District watering restrictions allowing two days per week by address. The county's Indian River Lagoon fertilizer ordinance requires summer blackout periods in unincorporated areas to protect the lagoon from nutrient runoff.
Brevard County's land development regulations require tree protection and replacement during development. Dead standing trees near improved property or roads must be removed per Section 114-28(c). Protected species removal requires permits from the county.
Brevard County's land development regulations protect native vegetation and require tree preservation during development. Permits may be required for removal of protected species. The county's adjacency to wildlife refuges and the Indian River Lagoon emphasizes native vegetation preservation.
Brevard County Land Development Regulations approve wood, vinyl, aluminum, and masonry. Barbed wire prohibited in residential zones. Coastal properties should use salt-resistant materials. HVHZ wind ratings apply near the coast.
Brevard County requires a building permit for retaining walls over 3 feet high or supporting a surcharge load. Engineering required over 4 feet. Coastal construction control line (CCCL) rules add DEP oversight for walls east of the dune line.
FL §515.25 (Residential Swimming Pool Safety Act) requires barriers for all pools built after October 1, 2000. Brevard County enforces 48-inch minimum fence with self-closing, self-latching gate. Inspection required at permit final.
Brevard County Section 62-2109 limits fences in residential zones to 6 feet. Agricultural, commercial, and industrial zones allow 8 feet. Commercial/industrial adjacent to residential allows 10 feet (12 feet with binding development plan). Wooden fences get an additional 3 inches for cap features.
Brevard County requires building permits for fence construction under Chapter 22 (Building and Building Regulations). No owner, agent, or contractor shall construct, erect, alter, or move any structure including fences without first obtaining a building permit.
Brevard County follows Florida's spite fence statute FL Section 823.11. No shared-cost requirement exists for boundary fences under Florida law. Section 62-2109 prohibits fences and obstructions that block traffic visibility.
Brevard County requires a building permit for carports. Must meet Florida Building Code wind-load requirements (140-150 mph). Setbacks 7.5 ft side and 25 ft front in typical residential zones. Counts toward lot coverage.
Brevard County allows tiny homes on permanent foundations meeting Florida Building Code Appendix Q (under 400 sq ft). Tiny homes on wheels classified as RVs and restricted to RV parks. Minimum dwelling size 600 sq ft in most zones.
Brevard County does not permit standalone ADUs by right. A guesthouse is allowed as living quarters in a detached accessory building for family or temporary guests, but may not have separate utility meters or be rented. Florida's new ADU mandate will require county adoption by December 2026.
Brevard County Section 62-2100.5 regulates accessory building standards. Total floor area of all detached accessory buildings cannot exceed the principal structure's floor area. Lots of one acre or more may expand to 1,000 sq ft per building administratively. Sheds under 120 sq ft are exempt from building permits.
Garage conversions in unincorporated Brevard County require building permits. Since ADUs are not currently permitted by right, converting a garage to an independent dwelling unit is not allowed. Conversions to non-dwelling accessory uses must comply with Florida Building Code and zoning requirements.
Brevard County has no leaf blower-specific ordinance. General noise rules in Code Ch. 46 apply. Year-round landscaping season along the Space Coast means daily blower use by crews serving Melbourne, Palm Bay, and beachside HOAs.
Brevard County regulates amplified music under the general noise ordinance. Sound permits available for events. FL §877.03 applies to unreasonable disturbances.
Brevard County Code Chapter 46, Article IV (Noise) prohibits loud and raucous noise in unincorporated areas. Section 46-131 restricts yelling, shouting, whistling, and singing between 10 PM and 7 AM. Lawn equipment is permitted 7 AM to 8 PM in residential zones.
Brevard County Section 46-131 prohibits operation of pile drivers, pneumatic hammers, derricks, dredges, and similar heavy equipment between 8 PM and 7 AM and at any time on Sunday. General construction is permitted during daytime hours.
Brevard County Chapter 14 (Animals), Article II defines a nuisance animal as one that disturbs the peace by habitually barking, howling, or making bothersome noises. Persistent barking for 30 consecutive minutes is the enforcement threshold. The Brevard County Sheriff's Office Animal Enforcement Unit handles complaints.
Brevard County enforces a juvenile curfew for minors under 17. Nighttime curfew hours typically run 11 PM to 6 AM on school nights with later weekend hours.
Brevard County parks close at sunset unless otherwise posted. Beach parks (Lori Wilson, Paradise, Jetty Park) have specific hours. Lit sports fields may extend to 10 PM. After-hours presence enforced by BCSO.
Brevard County Code §22-26 requires vacant lot owners to maintain grass/weeds below 12 inches, remove trash, and prevent nuisance conditions. County may mow and bill owner. Fire hazard enforcement escalated during dry season.
Brevard County Code §94-26 requires trash and recycling carts to be stored out of public view between collection days. Place at curb no earlier than 5 PM day before, retrieve by 7 AM day after. Bear-resistant containers required in western county.
Brevard County has no snow ordinances - snowfall is essentially nonexistent on the Space Coast. Property owners must keep sidewalks clear of vegetation, sand, and debris under Code Ch. 94.
Brevard County Code Ch. 94 requires garage/yard sales to maintain property appearance. Merchandise displayed neatly, removed daily. Unsold items cannot remain at curb. Signs down within 24 hours.
Brevard County Code §22 enforces property maintenance standards. Common issues: hurricane damage not repaired, peeling paint, broken windows, debris. Special Magistrate hearings issue fines up to $250 per day ($500 per day for repeat) under FL §162.09.
Brevard County Land Development Regulations set setbacks by zoning district. SR (Single-Family) typically 25 ft front, 7.5 ft side, 20 ft rear. Coastal Construction Control Line (CCCL) adds beachside setbacks.
Brevard County LDC limits residential structures to 35 feet / 2.5 stories in most single-family zones. Beachside commercial and high-density zones allow taller. CCCL coastal zone has additional wind-zone height considerations.
Brevard County limits residential lot coverage to 35-45% in most single-family zones. Impervious surface ratio (ISR) limits apply. Stormwater retention required for heavy lot coverage near Indian River Lagoon.
Brevard County Code Ch. 62 prohibits light trespass onto neighboring properties. Beachside sea turtle lighting adds strict limits. Complaint-driven enforcement through code compliance. Security lights must be aimed and shielded.
Brevard County enforces sea turtle-safe lighting on beachside properties May 1-October 31 under Code Ch. 62. Coastal lighting must be shielded, amber/red LED, low mounted. Inland properties follow general dark-sky principles.
Florida Statute §163.04 prohibits HOAs from preventing solar panel installation. HOAs may determine placement but cannot effectively ban solar or impose requirements that reduce performance more than 10 percent or increase cost by over $1,000.
Brevard County requires building and electrical permits for solar PV installations per Florida Building Code. Online permitting available. Florida's hurricane wind load requirements apply (140+ mph design). FL §163.04 preempts HOA solar bans.
Brevard County follows FL Chapter 83 (Residential Landlord-Tenant Act). No just-cause eviction requirement in Florida. 15-day notice for month-to-month non-renewal; 3-day for nonpayment. Self-help eviction illegal.
Brevard County has no rent control. FL §125.0103 preempts local rent control except under declared housing emergency with 60% voter approval. Market rates apply. Landlord may raise rent any amount with proper notice.
Brevard County has no general rental registration program. Landlords must comply with FL Chapter 83 Part II (Residential Landlord Tenant Act) and Florida Building Code. Some municipalities within the county (Cocoa Beach, Melbourne Beach) have local registration requirements for beachside rentals.
Brevard County requires erosion and sediment controls on all land-disturbing activities over 1 acre or in sensitive areas. Silt fences, stabilized entrances, and turbidity curtains near lagoon/river required. SJRWMD ERP for larger sites.
Brevard County coastal development east of the FL DEP Coastal Construction Control Line (CCCL) requires state permits under FL §161.053. Sea turtle lighting ordinance applies May 1-Oct 31. Dune protection and 30-year erosion setback enforced.
Brevard County enforces stormwater management under Code Ch. 62 and St. Johns River WMD rules. Indian River Lagoon basin has enhanced nutrient load reduction requirements. Fertilizer blackout June-September.
Brevard County requires grading permits for excavation/fill over 50 cubic yards or in flood zones. Drainage cannot redirect water onto neighbors. Flat Florida topography makes drainage design critical. SJRWMD ERP for larger sites.
Brevard County Article XI of the Land Development Regulations governs floodplain damage prevention. The county participates in NFIP with a CRS rating providing reduced insurance premiums. FEMA FIRM maps activated March 17, 2014. Flooding sources include the Atlantic Ocean, St. Johns River, and Indian River Lagoon.
Home cannabis cultivation is PROHIBITED in Brevard County and statewide under FL §381.986. Florida medical marijuana patients cannot grow; they must purchase from state-licensed MMTCs. Recreational remains illegal after 2024 Amendment 3 failure.
Brevard County permits Medical Marijuana Treatment Centers (MMTCs) in commercial zones under FL §381.986 preemption. State-set 500-foot buffer from schools applies. County cannot ban MMTCs but can zone and regulate hours.
Brevard food trucks need a county mobile food dispensing vehicle permit, FL DBPR or FDACS license (depending on food type), and Brevard Health Department approval. FL §509.102 preempts some local restrictions.
Brevard regulates food truck locations by zoning. FL §509.102 preempts outright bans but allows rules on parking, time limits, and distance from brick-and-mortar restaurants. Beach access lots and special events common.
Brevard County offers scheduled bulk and white goods pickup through Waste Management/Waste Pro. Two free bulk pickups per year; additional pickups fee-based. Construction debris excluded.
Brevard County requires carts at curb with lids closed, 3 feet from obstructions, retrieved within 24 hours of pickup. Between pickups, carts must be stored behind the front building line.
Brevard County accepts paper, cardboard, glass, aluminum, and plastics #1-2 in single-stream blue carts. Plastic bags, food waste, and Styrofoam rejected. Contaminated carts are tagged and skipped.
Brevard County Solid Waste Management contracts with Waste Management and Waste Pro for weekly curbside trash and recycling in unincorporated areas. Bins out by 6 AM pickup day. Hurricane debris follows separate schedules.
Brevard County does not operate a formal no-knock registry, but residents may post "No Soliciting" signs. Solicitors who ignore posted signs face citations under Code Ch. 98. Sheriff's Office handles complaints.
Brevard County Code Ch. 98 requires door-to-door commercial solicitors to obtain a permit and background check. Hours limited 9 AM to sunset. Religious and political canvassing exempt under First Amendment.
Brevard County requires replanting when permitted trees are removed. Typical ratios 1:1 for under 12" DBH, 2:1 for 12-24", and 3:1+ for specimen. Native Florida species required. Fee-in-lieu to county tree fund available.
Brevard County requires tree removal permits for specimen and protected trees over 8 inches DBH under Code Ch. 62 LDC Article XIII. Live oaks, cypress, and mangroves receive enhanced protection.
Brevard County designates specimen and historic trees under LDC Article XIII. Live oaks 24+ inches DBH and historic trees require enhanced protection. Removal needs P&Z approval and mitigation at 3:1 or higher.
Brevard County drone use follows FAA Part 107/recreational rules. Major restricted airspace over Kennedy Space Center, Cape Canaveral Space Force Station, and Patrick Space Force Base. County parks require permit for drone launches.
Commercial drone operators in Brevard need FAA Part 107. KSC, CCSFS, and Patrick SFB airspace requires separate federal authorization. County may require filming permit for commercial shoots on public property.
Brevard County does not require permits for residential garage sales in unincorporated areas. General signage and frequency limits apply under Code Ch. 94. Cities like Melbourne and Palm Bay may require registration.
Brevard County Code Ch. 94 limits residential garage sales to 3-4 per year per address, maximum 3 consecutive days each. Neighborhood-wide sales may count as single events. Exceeding limits triggers home business zoning concerns.
Brevard County garage sales allowed sunrise to sunset, typically 7 or 8 AM to 6 PM. No overnight display. Weekend sales most common. Signs must be removed within 24 hours after sale ends.
Brevard County allows residential holiday displays without permits. Displays must not obstruct sight lines or rights-of-way. Sea turtle lighting restrictions apply on coastal parcels from May 1 to October 31 per FL §379.2431.
Brevard County Code §62-3204 allows political signs on private property up to 6 sq ft in residential zones and 32 sq ft in commercial zones. Signs prohibited in public rights-of-way. Must be removed within 7 days after the election.
Brevard County allows temporary garage sale signs up to 4 sq ft on private property. Signs on utility poles, street signs, and in public rights-of-way prohibited. Signs must be removed within 24 hours of sale end.