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Orange County, FL Tree Protection: Heritage & Protected Trees (2026)

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

City-specific rules exist: Orlando has its own heritage & protected trees rules that differ from Orange County's county-level regulations. If you live in Orlando, check the city-specific page instead.

(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.

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 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?
Only two species qualify, and only above the code's stated diameter at breast height: a Live Oak (Quercus virginiana) at 40 inches DBH or greater, or a Southern Magnolia (Magnolia grandiflora) at 24 inches DBH or greater, per Code § 15-283(b). Smaller specimens of those species, or any other species, do not get heritage status.
Can a builder remove a heritage tree to build in Orange County?
Only with a tree removal permit, and heritage trees cannot be removed within property-line setback or buffer areas, including wetland buffers, under § 15-302(d)(1) and § 15-305(a)(1). Single-family subdivisions must design around heritage trees under § 15-302(d)(3), and any authorized removal triggers a 5:1 replacement ratio under § 15-306(a)(1)f.
What is the fine for cutting down a heritage tree without a permit in Orange County?
The administrative penalty is $530.00 per DBH inch of the heritage tree removed or damaged, the highest per-inch rate in Code § 15-284(c), on top of the article's general penalty of up to $500.00 per offense. No certificate of occupancy issues until the fine is paid and restoration is verified.
Does Orange County's heritage tree rule apply inside Orlando?
No. Code § 15-280 limits this article to the unincorporated areas of Orange County. An address inside Orlando, Winter Park, Apopka or the county's other incorporated cities falls under that city's own tree code, not Chapter 15 of the county code.

Sources & Official References

Other rules in Orange County

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