Pop. 65,197 · Volusia County
Florida Statute 509.032(7)(b) preempts Port Orange from adopting occupancy or duration rules that treat vacation rentals differently from other dwellings. Maximum guest counts at a Port Orange STR are therefore tied to the Florida Building Code occupancy load and the maximum overnight occupancy declared on the property's DBPR vacation rental dwelling license under F.S. Chapter 509.
Neither Florida Statute Chapter 509 nor the DBPR vacation rental license application imposes a minimum liability insurance amount on short-term rental operators, and Florida Statute 509.032(7)(b) restricts Port Orange from adopting STR-specific insurance mandates stricter than for other dwellings. Operators are strongly encouraged to carry dedicated short-term rental coverage because standard homeowner policies typically exclude commercial rental activity.
Port Orange treats carports as accessory structures under the Land Development Code and requires a separate building permit through the Community Development Building Department. Under LDC Chapter 16 architectural design standards, accessory structures must be compatible with the principal structure in roof design, colors, materials, finishes, and scale. Volusia County's 140 mph wind-load zone applies under the Florida Building Code.
Port Orange follows Florida Statute 163.31771 which encourages ADU development in single-family residential areas. ADUs are intended to increase affordable housing options, particularly for elderly persons and low-to-moderate income individuals. Specific local standards apply for setbacks, size, and parking.
Garage conversions in Port Orange require building permits and must comply with Florida Building Code. Conversions must maintain required parking spaces for the property. Zoning compliance is verified through the Building Department before permits are issued.
Port Orange requires building permits for accessory buildings including sheds, carports, and barns per the Homeowner's Guide. Structures must comply with Florida Building Code and the Land Development Code. Setbacks and lot coverage limits apply based on zoning district.
Volusia County permits tiny homes on permanent foundations meeting Florida Building Code. Tiny homes on wheels classified as RVs and restricted to RV parks/campgrounds. IRC Appendix Q applies under 400 sq ft.
Port Orange regulates construction noise through its nuisance ordinance. Volusia County noise standards define daylight hours as one-half hour before sunrise to one-half hour after sunset. Sound systems and construction activities are generally restricted to daylight hours.
Port Orange regulates nuisances including noise under Chapter 42 of the Code of Ordinances. The city follows Volusia County noise standards where music or noise clearly audible 50 feet from the source is a violation. Stricter standards apply during nighttime hours.
Port Orange addresses animal noise under its nuisance ordinance (Chapter 42). Persistent barking that disturbs neighbors is enforceable. Animal control falls under Volusia County Animal Services. Pet tags are required through the city's Animal Tags program.
Volusia County has no leaf blower-specific ordinance. General noise limits under County Code Ch. 50 apply. Year-round landscaping common in subtropical Central Florida climate around DeLand, Deltona, and coastal Daytona.
Volusia County regulates amplified music under the general noise ordinance. Sound permits available for events. FL §877.03 applies to unreasonable disturbances.
Aircraft noise regulation is preempted by federal law under the Federal Aviation Act and the Airport Noise and Capacity Act. Florida cities and counties cannot regulate flight operations, altitudes, or in-air noise. Florida statutes recognize this exclusive federal jurisdiction over navigable airspace.
Port Orange enforces parking regulations through Code Enforcement. Vehicles must have current tags and be operable. Abandoned or unsafe vehicles are actively investigated. Parking on unpaved front yard surfaces is a common code violation.
Port Orange requires paved surfaces for vehicular parking per Land Development Code Section 3-24. Paved areas must consist of asphaltic concrete, concrete, brick, or similar material per LDC Section 1-22. Standard driveways must be 3 feet from side property lines.
Port Orange Code Enforcement investigates recreational vehicle parking complaints. RVs and boats must comply with residential parking standards. Front yard storage is generally prohibited. Vehicles must be parked on approved surfaces.
Port Orange Code Enforcement investigates commercial vehicle parking in residential areas. Large commercial vehicles are restricted in residential zones. Standard personal-use vehicles are permitted on approved driveway surfaces.
Volusia County restricts overnight parking on certain public streets and all beach areas after hours. Beach overnight parking prohibited; inland street parking varies by municipality with tickets $25-$75.
Volusia County permits EV charger installation with an electrical permit under the Florida Building Code. FL §718.113(8) prohibits condo associations from blocking owner-installed EV chargers. Permits typically $75-$150.
Volusia County prohibits abandoned and inoperable vehicles on public roads and unscreened on private property under Code Ch. 22 and FL §705.103. 72-hour notice required before towing; fines $100-$500.
Port Orange follows Florida's strict pool barrier law (FL §515). All residential pools must be enclosed by a barrier at least 48 inches tall. Gates must be self-closing and self-latching, opening away from the pool. Pool barrier fences must meet Florida Building Code Section 4501.17.
Above-ground pools in Port Orange require building permits per the city's Homeowner's Guide to Building Codes and Permitting. The same Florida Building Code barrier requirements apply as for in-ground pools. If the pool wall is 48 inches or taller, it may serve as part of the barrier.
Florida's Residential Swimming Pool Safety Act (FL §515) applies in Port Orange. At least one additional safety feature beyond the barrier is required. Anti-entrapment drain covers are mandatory. Building permits are required for all pool installations including above-ground.
Volusia County requires building permits for all in-ground pools, spas, and above-ground pools over 24 inches deep. FL Building Code 7th Ed. Ch. 4 and FL §515 Residential Swimming Pool Safety Act apply.
Volusia County requires building and electrical permits for hot tub installation. Florida Pool Safety Act (FL §515) applies if barrier bypassed. Locking safety cover meeting ASTM F1346 satisfies barrier requirement.
Port Orange follows St. Johns River Water Management District watering restrictions. Irrigation is limited to designated days based on address. Watering is prohibited between 10 AM and 4 PM. The city encourages replacing high-water plants with drought-tolerant, Florida-Friendly alternatives.
Port Orange regulates tree care through its Land Development Code. Tree trimming and maintenance is expected of property owners. Protected trees require permits for removal. Replacement trees must meet Florida #1 Grade standards with minimum 2-inch caliper and 10-foot height for residential.
Port Orange requires a Tree Removal Permit for most tree removals. Live Oak and Bald Cypress trees 36 inches in diameter or greater require City Council approval for removal. The LDC may require replacement trees. Contact the Planning Division at (386) 506-5601.
Port Orange requires all weeds, grass, and undergrowth to be cut to a height not exceeding 10 inches under Chapter 42, Article II of the Code of Ordinances. Owners of improved residential lots of one acre or less must also keep lots free of fallen trees and limbs. High weeds are among the most common code violations.
Florida encourages residential rainwater harvesting statewide. Volusia County and SJRWMD offer rain barrel rebates up to $50. No permit needed for barrels; large cisterns over 600 gallons require building permits.
Volusia County enforces weed and overgrowth abatement under County Code Ch. 58. Invasive species management critical in subtropical climate. Year-round growing season requires continuous maintenance.
Volusia County and Florida generally permit artificial turf as water-saving landscaping. FL §373.185 Florida-Friendly preemption protects installation from HOA bans. Drainage and dune rules still apply.
FL §373.185 encourages Florida-Friendly Landscaping and prohibits HOAs from banning it. Volusia County promotes native plants for water conservation under SJRWMD guidelines. Deed restrictions pre-2009 may still apply.
Port Orange follows Florida open burning regulations. Recreational fires in campfire or outdoor fireplace settings are allowed without authorization if attended at all times and fully extinguished before leaving. Yard waste burning on residential lots is permitted between 9 AM and one hour before sunset.
Residential fire pits in Port Orange are generally permitted under Florida's recreational open burning rules when the fire is attended at all times and fully extinguished before leaving. Fire pits must be placed at a safe distance from structures. Florida Fire Prevention Code (FL FS §633) applies.
Port Orange follows Florida fireworks law. Consumer fireworks are legal on July 4, New Year's Eve, and New Year's Day per FL HB 1059 (2020). The city provides official firework safety guidelines emphasizing distance from structures, supervision of children, and having water available for duds.
Volusia County requires property owners to maintain defensible space and clear overgrown brush under nuisance and fire codes. FL Forest Service regulates authorized burns. Dry season October through May elevates wildfire risk inland around DeLand and Deltona.
Volusia County has significant wildfire exposure in its western pine flatwoods and wildland-urban interface areas. Florida Forest Service rules and County Code govern outdoor burning, defensible space, and brush management. Burn bans are common during drought (Keetch-Byram Drought Index).
Florida regulates propane (LP-gas) storage, transport, and installation uniformly under Chapter 527 and the Florida Fire Prevention Code, preempting inconsistent local rules.
Port Orange regulates fences under its Land Development Code. Front yard fences are limited to 4 feet, while side and rear yard fences may be up to 6 feet. Barbed wire, razor wire, and similar materials are prohibited. No fence may be closer than 5 feet to a right-of-way.
Port Orange requires building permits for fence installation. All fences must comply with the Land Development Code and Florida Building Code wind load requirements. Permits are processed through the Building Department at (386) 506-5602.
Port Orange follows Florida's spite fence statute (FL §823.11). There is no shared-cost law in Florida. Each property owner is responsible for their own fence. Fences must be installed with the finished side facing outward.
Volusia County requires a building permit for retaining walls over 4 feet (measured from bottom of footing to top). Engineered plans required over 4 ft or with surcharge. Florida Building Code applies countywide.
Volusia County Land Development Code specifies approved fence materials by zoning district. Hurricane-rated construction recommended in coastal Daytona/NSB. Barbed wire prohibited in residential zones.
Florida's Residential Swimming Pool Safety Act (FL §515) mandates pool barriers for all residential pools built after 10/1/2000. Volusia enforces 4-foot minimum barrier with self-closing, self-latching gate. Strict enforcement.
Port Orange cannot enact breed-specific legislation. Florida law (FL §767.14) preempts all local breed bans statewide. Dogs are regulated based on behavior under the Dangerous Dog Act (FL §767.01-767.04).
Beekeeping in Port Orange is governed by Florida state law (FL §586). FDACS preempts local bans on beekeeping except HOA rules. Beekeepers must register with FDACS. Colony limits vary by lot size under Best Management Practices.
Exotic pet ownership in Port Orange is regulated by the Florida Fish and Wildlife Conservation Commission (FWC). Permits are required for Class I, II, and III wildlife. Geckos, iguanas, and parrots are limited to four per dwelling. Feeding wildlife is illegal under FL §379.
Port Orange falls under Volusia County animal control regulations. Dogs must be under restraint when off the owner's property — secured by leash, confined in a vehicle, building, fence, or pen, or under voice control. Pet limits apply: generally four dogs, cats, rabbits, guinea pigs, or ferrets per dwelling.
Volusia County and FWC prohibit feeding bears, alligators, sandhill cranes, pelicans, and foxes. FL §379.412 bans alligator feeding (2nd-degree misdemeanor). Sea turtle lighting rules under FL §161.163 also apply on coast.
Volusia County permits chickens and livestock on parcels zoned agricultural and rural residential in unincorporated areas. Large lot owners have broad livestock keeping rights. Setback requirements apply to animal enclosures.
Port Orange requires a Business Tax Receipt for all home-based businesses. Applications are handled through the city's SmartGov online portal. Home businesses must comply with the city's zoning ordinance and Land Development Code restrictions on residential use.
Home businesses in Port Orange are restricted from displaying commercial signage in residential areas. The Land Development Code governs sign regulations. Businesses must maintain the residential character of the property. Sign permits are handled by the Building Department.
Home businesses in Port Orange must not generate traffic beyond normal residential levels. The Land Development Code restricts commercial activity in residential zones. Operations must remain incidental to the primary residential use of the property.
Volusia County and Florida DCF regulate home-based childcare. Family Day Care Homes serve up to 10 children; Large Family Child Care Homes up to 12. DCF license required under FL §402.313.
Florida Cottage Food Law (FL §500.80) permits home food production with no permit or inspection for non-hazardous foods. $250,000 annual revenue cap. Volusia County cannot restrict under state preemption.
Port Orange has extensive FEMA flood zone coverage including A and AE zones. New construction in Zone AE must be at least 1 foot above Base Flood Elevation. Over 5,000 homes were built at or less than one foot above BFE. The city manages 200 miles of canals, ditches, and 100+ ponds for flood mitigation.
Volusia County requires stormwater management for development of 1 acre or more, or any activity creating significant impervious surface. St. Johns River Water Management District (SJRWMD) ERP permits required for most projects. MS4 permit governs unincorporated Volusia.
Volusia County's 47 miles of Atlantic coast are governed by the FDEP Coastal Construction Control Line (CCCL) per F.S. §161.053. Sea turtle lighting ordinance enforces F.S. §161.163. Beach driving permits required in designated zones. Dune protection strictly enforced.
Volusia County requires site development/grading permits for excavation or fill exceeding 50 cubic yards under LDC standards. Drainage must not redirect runoff onto neighbors per F.S. common law. Retaining walls over 4 feet require engineering and permits.
Volusia County requires erosion and sediment control on all land-disturbing activities. Silt fencing, stabilized construction entrances, and sediment traps are standard BMPs. FDEP NPDES generic permit covers sites disturbing 1+ acre under F.S. Ch. 403.
Recreational drones in Volusia County follow FAA 49 USC §44809 rules. TRUST test and FAA registration (drones over 0.55 lb) required. County parks, beaches, and Daytona International Speedway airspace restricted. KDAB and KDED airport LAANC zones cover much of Daytona Beach and DeLand.
Commercial drone operators in Volusia County need FAA Part 107 certification. Beach/park filming requires separate Volusia Ocean Rescue or parks permit. KDAB controlled airspace LAANC authorization mandatory. FL §934.50 restricts surveillance use.
Volusia County and FL cities allow political signs on private property per First Amendment and Reed v. Town of Gilbert (2015). No permits required. Signs in public rights-of-way prohibited. Typical size limit 32 sq ft residential. Removal required shortly after election.
Volusia County permits holiday decorations on private residential property with minimal restrictions. No permits needed. Decorations must not obstruct sight lines or create hazards. HOA communities may impose additional rules under F.S. Ch. 720.
Volusia County permits temporary garage sale signs on private property with restrictions. Signs in public rights-of-way typically prohibited. Size limit around 4 sq ft. Must be removed within 24 hours of sale end. Some cities require a garage sale permit.
Volusia County enforces property maintenance standards under the County Code and International Property Maintenance Code to prevent blight. Deteriorating paint, broken windows, structural decay, accumulated junk, and overgrowth may trigger code enforcement under Ch. 162, Florida Statutes.
Volusia County has no snow ordinance. Florida's subtropical climate rarely sees snow. Property maintenance requires sidewalks clear of debris, palm fronds, and sea-grape overgrowth year-round under County Code Ch. 50.
Volusia County property maintenance code requires garage sale merchandise to be displayed neatly and fully removed at sale end. Hurricane-prone area enforces strict tie-down rules for tables and signs during tropical weather.
Volusia County and all municipalities require trash bins stored out of street view except on collection days. Bins may be set out 12-24 hours before pickup and must be retrieved same day. Fines $50-$250.
Volusia County requires owners of vacant lots in unincorporated areas to control vegetation, remove trash/debris, and prevent nuisance conditions. Overgrowth above 18 inches and accumulated refuse trigger enforcement under County Code Ch. 50 and FS Ch. 162.
Rent control is banned in Florida under F.S. §125.0103 and §166.0445. Volusia County and all its cities cannot cap rent or enact rent stabilization. Landlords may raise rent by any amount with proper notice under Ch. 83 F.S. (Florida Residential Landlord-Tenant Act).
Volusia County follows Florida Residential Landlord-Tenant Act (F.S. Ch. 83 Part II). No just-cause requirement — landlords may decline to renew month-to-month tenancies with 15 days' notice. Evictions for cause have statutory timelines. Self-help eviction illegal under F.S. §83.67.
Volusia County does not require general long-term rental registration. However, F.S. §509.032 imposes state DBPR licensing on transient/short-term rentals. Daytona Beach and some cities require vacation rental permits. F.S. §83.49 security deposit rules apply statewide.
Volusia County requires tree replacement at 1:1 to 4:1 ratios based on species and size removed. Minimum 2-inch caliper with native Florida species preferred. Fee-in-lieu option pays into Tree Preservation Trust Fund.
Volusia County protects historic live oaks and specimen trees 24+ inches DBH as heritage trees. Removal requires County Council or PLDRC approval and mitigation at 4:1 ratio. Hurricane-damaged heritage trees get expedited review.
Volusia County LDC Ch. 72 Art. III requires a tree removal permit for any tree 8+ inches DBH on developed property and 4+ inches in conservation zones. Live oaks, cypress, and magnolias receive heightened review.
Volusia County and cities require door-to-door commercial solicitors to obtain permits with background checks and photo ID badges. Religious and political canvassing exempt under First Amendment. Hours typically 9 AM to sunset.
Volusia cities offer no-knock registries and honor posted no-soliciting signs. Solicitors visiting registered homes or ignoring signs face citations. Religious and political canvassing remain exempt under First Amendment case law.
Florida preempts local dispensary zoning under FL §381.986: MMTCs must be treated as standard pharmacies. Volusia jurisdictions set 500-foot school/church buffers. Dispensaries operate in Daytona, Deltona, Port Orange, and along US-92.
Florida prohibits all home cultivation of cannabis, including for medical patients, under FL §381.986. Only licensed Medical Marijuana Treatment Centers (MMTCs) may grow. Possession for cultivation remains a felony in Volusia County.
FL §509.102 preempts city vending zone restrictions on food trucks. Private property vending still needs owner OK and zoning compliance. Beachfront and special events (Bike Week, Daytona 500) may require separate permits.
Food trucks in Volusia County need DBPR Mobile Food Dispensing Vehicle license (FL §509.032) plus local business tax receipts. FL §509.102 preempts city-specific truck regulation since 2020. Commissary agreement required.
Volusia County LDC caps R-1 residential heights at 35 ft/2.5 stories. Daytona Beach oceanfront (T-1 tourist) allows up to 255 ft. Hurricane wind zones require Florida Building Code 7th Edition (2020) 140+ mph design per FL §553.
Volusia County LDC limits residential impervious coverage to 40 to 50% in R-1/R-2 and stricter 30% in Resource Corridor zones. Stormwater retention required for any lot over the threshold per SJRWMD permits.
Volusia County Land Development Code (Ch. 72) sets setbacks by zoning district: R-1 typically 25 ft front, 7.5 ft side, 20 ft rear. Coastal Construction Control Line (CCCL) adds FDEP-regulated setbacks east of A1A under FL §161.053.
Volusia County requires bins at curbside with lids closed on collection day, retrieved within 24 hours, and stored out of public view between pickups. HOAs may impose stricter standards.
Volusia County Solid Waste provides weekly curbside trash and recycling in unincorporated areas. Cities (Daytona Beach, DeLand, Deltona, NSB, Ormond Beach) contract separately. Hurricane debris collected via special routes after named storms.
Volusia County offers curbside recycling for paper, cardboard, glass, aluminum, and plastics #1-#2. Contamination with plastic bags or food waste causes bin rejection. FL DEP 75% recycling goal under §403.7032.
Volusia County and cities offer scheduled bulk pickup for furniture and appliances. Refrigerant must be removed from fridges/AC units. Hazardous waste goes to Tomoka Farms HHW facility. Construction debris excluded.
Most Volusia jurisdictions limit garage sales to 3 to 4 per household per calendar year, 2 to 3 consecutive days each. Exceeding limits triggers home-occupation zoning review as unlicensed retail activity.
Volusia County does not require a permit for residential garage sales in unincorporated areas. Daytona Beach, DeLand, and NSB require free permits through city hall. Ormond Beach and Deltona allow without permit but limit frequency.
Volusia County garage sales run dawn to dusk or 7 AM to 6 PM typical. Daytona Beach requires 8 AM to 6 PM. Speedway race weekends see heavy enforcement of signage and parking violations from Daytona International Speedway traffic.
Volusia County parks close from sunset to sunrise per County Code Ch. 74. Lyonia Preserve, Gemini Springs, and most trailheads are dawn-to-dusk. Beach access after hours requires a permit. Fines $50 to $500.
Volusia 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.
Volusia County enforces sea turtle lighting standards under F.S. §161.163 along its 47-mile Atlantic coast. Fully shielded, long-wavelength (amber/red) fixtures required in coastal jurisdictions. Inland areas have general glare/trespass rules.
Volusia County LDC prohibits outdoor lighting that creates excessive glare or illumination on neighboring properties. Maximum 0.5 foot-candles at residential property lines. Beachfront light trespass is a dual state/federal issue under sea turtle laws.
Florida's solar access law F.S. §163.04 strongly protects solar rights. HOAs cannot prohibit solar panel installations on members' properties. HOAs may only determine specific roof location if it doesn't reduce performance more than 10%. Applies across Volusia HOAs.
Volusia County requires building and electrical permits for solar PV installations under Florida Building Code. F.S. §163.04 strongly protects the right to install solar. Expedited permitting for standard residential systems. Hurricane wind load (Risk Cat II, ~150 mph coast) drives attachment design.
Florida Statute 218.077 prohibits local governments from establishing a minimum wage other than the state or federal rate, preempting city and county living-wage ordinances except for direct local government employees.
Florida Statute 218.077 and 448.110 framework, combined with FS 125.01045 and 166.04151 limits, preempt local mandates requiring private employers to provide paid sick leave or other employment benefits beyond state law.
Florida Statute 509.032(7) and broader employment preemption framework prevent local governments from requiring private employers to follow predictive or fair-scheduling rules beyond state and federal law.
Florida allows permitless concealed carry of firearms by law-abiding adults under FS 790.01 and continues to issue concealed weapon licenses through FS 790.06, with both regimes preempting local concealed-carry restrictions.
Florida Statute 790.33 expressly preempts the entire field of firearm and ammunition regulation to the state, voiding all local ordinances and imposing personal civil penalties on local officials who knowingly enact or enforce conflicting rules.
Florida Statute 790.053 generally bans the open carry of firearms by individuals, with limited exceptions for hunting, fishing, camping, target shooting, and lawful self-defense, and preempts any local variance.
Florida Statute 790.25(5) allows any law-abiding person 18 or older to possess a concealed firearm in a private vehicle for self-defense, provided the firearm is securely encased or not readily accessible for immediate use, regardless of any concealed-carry license.
Florida Statute 448.095 requires every private employer with 25 or more employees to use the federal E-Verify system to confirm work authorization for new hires beginning July 1, 2023, with public agencies and contractors subject to broader requirements.
Senate Bill 168 (2019), codified at FS 908.103 and 908.104, prohibits sanctuary policies in Florida and requires every state and local law enforcement agency to use best efforts to support federal immigration enforcement and honor ICE detainer requests.
Florida Statutes 823.14 and 163.3162 restrict local governments from adopting zoning rules that inhibit established farms on agriculturally classified land, preserving agricultural uses against incompatible local regulation.
Florida Statute 823.14, the Florida Right to Farm Act, protects established bona fide farm operations from nuisance suits and local ordinances that would inhibit standard agricultural practices conducted in good faith.
Florida Statute 403.7033 preempts the regulation of disposable plastic bags by local governments, prohibiting cities and counties from enacting bans or fees on retailers pending a legislative review that has not occurred.
Florida Statute 500.90 preempts the regulation of polystyrene products by local governments, blocking cities and counties from banning expanded polystyrene foam food containers, cups, and similar items.
Florida Statute 403.7033 and related law impose a moratorium on enforcement of municipal plastic straw bans, requiring DEP study before any local prohibition can take effect, effectively preempting current ordinances.
Florida Statute 569.101 prohibits the sale or delivery of tobacco and nicotine products to persons under 21, aligning with federal law and applying uniformly statewide with local preemption under FS 386.2125.
Florida Statute 386.2125 preempts local regulation of nicotine products and dispensing devices, blocking cities and counties from banning flavored e-cigarettes, menthol, or other flavored tobacco at the retail level.
Florida Statute 386.2125 expressly preempts the regulation of nicotine products, nicotine dispensing devices, and vape retailing to the state, voiding most municipal ordinances on electronic cigarettes and vape shops.