Orange County, FL Tree Protection: Heritage & Protected Trees (2026)
Key Facts
- Live Oak heritage threshold
- 40 inches DBH or greater
- Southern Magnolia heritage threshold
- 24 inches DBH or greater
- Jurisdiction
- Unincorporated Orange County only
- Heritage-tree penalty
- $530.00 per DBH inch
- Replacement ratio
- 5 caliper inches per DBH inch removed
- Protective barrier
- Chain-link plus silt fencing at drip line
- Appeal deadline
- 30 days to Development Review Committee
Summary
Orange County names two species as heritage trees at large diameters: Live Oak at 40 inches DBH and Southern Magnolia at 24 inches DBH, under Code § 15-283(b), in the unincorporated area only. Heritage trees draw the code's strongest tree protections: they cannot be removed within setback or buffer areas, must be worked into single-family subdivision design, and unpermitted removal carries the article's highest per-inch penalty.
(b)Heritage trees. The following tree species at the stated DBH or greater are provided additional regulatory protections consistent with this article:(1)Quercus virginiana (Live Oak), forty (40) inches;(2)Magnolia grandiflora (Southern Magnolia), twenty-four (24) inches.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 128).
Full Breakdown
Orange County Code § 15-283(b) sets the heritage-tree threshold at two species: Quercus virginiana (Live Oak) at forty inches DBH or greater, and Magnolia grandiflora (Southern Magnolia) at twenty-four inches DBH or greater. Section 15-277 defines a heritage tree as one meeting that size and species list. Removing, destroying or permanently injuring a regulated tree, including a heritage tree, without a tree removal permit is unlawful under § 15-278(a), and the article applies only within the unincorporated areas of the county under § 15-280, so it does not reach Orlando or the county's incorporated cities.
During development, § 15-302(d)(1) and § 15-305(a)(1) bar removing heritage trees within property-line setback areas or buffer areas, including wetland buffers, and § 15-302(d)(3) requires heritage trees to be incorporated into the design of any single-family residential preliminary subdivision plan. Preservation is capped at three heritage/specimen trees per developable acre under § 15-302(d)(4). Under construction, § 15-282(c)(1) requires a protective barrier of immovable chain-link fencing with silt fencing around the drip line of any heritage tree being preserved, with bilingual signage warning the tree is protected.
sets a five-to-one replacement ratio: five caliper inches of new canopy planted for every DBH inch removed, the highest ratio in the article (specimen trees are 3:1, ordinary regulated trees 1:1). A property owner may seek a deviation from the zoning manager for substantial economic hardship, or a variance from the Board of Zoning Adjustment or Development Review Committee to preserve a heritage tree, under § 15-281(a)-(b).
Violations & Fines
Impacting a heritage tree without authorization is a separate offense for each tree, and each day the violation continues (including failure to replace) is a separate offense under § 15-284(a). The zoning manager can issue a citation or notice of violation and requires remedial action, including tree replacement and mitigation, within 60 days under § 15-284(b). A heritage-tree impact carries an administrative penalty of $530.00 per DBH inch, the highest of the article's per-inch rates, on top of a general penalty of up to $500.00 per offense, and no certificate of occupancy or completion issues until fines and restoration are paid and verified under § 15-284(c)-(d).
Frequently Asked Questions
What size does a tree have to be to count as a heritage tree in Orange County?
Can a builder remove a heritage tree to build in Orange County?
What is the fine for cutting down a heritage tree without a permit in Orange County?
Does Orange County's heritage tree rule apply inside Orlando?
Sources & Official References
Other rules in Orange County
Florida rules heatmap·Compare Orange County to another location·View the Florida tree protection overview
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