Lee County, FL Tree Protection: Heritage & Protected Trees (2026)
Key Facts
- Heritage tree threshold
- 20-inch caliper DBH, native species
- Preservation credit
- 5:1 toward general tree requirement
- Replacement if removed
- 20-ft native canopy tree, 1:1 credit only
- Governing section
- LDC § 10-416(a)(4)
- Captiva overlay
- Extra preserve-or-relocate rule (LDC § 33-1631)
- General penalty
- Up to $500 fine, 60 days jail (LDC § 1-5)
Summary
Lee County rewards developers for saving big trees instead of clearing them: under LDC § 10-416(a)(4), a preserved native heritage tree with at least a 20-inch caliper trunk counts five times over toward a project's general tree requirement. Remove one anyway, and the replacement tree only counts once, at a straight 1:1 ratio.
(4)Heritage trees. For large developments, effort must be made to preserve native heritage trees with at least a 20-inch caliper DBH. Preserved heritage trees may be counted at a 5:1 credit ratio towards the general tree requirement. If a heritage tree must be removed from a site, then a replacement native canopy tree with a minimum 20-foot height must be planted within an appropriate open space area. The replacement tree can only be counted at a 1:1 ratio towards meeting the general tree requirement.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 7 | Land Development Code: Supplement 3 Update 3).
Full Breakdown
Lee County Land Development Code § 10-416(a) sets the general tree planting requirements for new development, generally one tree per 3,000 to 3,500 square feet of development area depending on the use, and subsection (4) carves out a specific incentive for heritage trees. "For large developments, effort must be made to preserve native heritage trees with at least a 20-inch caliper DBH," and every preserved heritage tree "may be counted at a 5:1 credit ratio towards the general tree requirement," meaning one saved heritage tree can satisfy the planting obligation that would otherwise take five ordinary trees to meet.
The incentive only runs one direction: if a heritage tree has to come out, the developer must plant a replacement native canopy tree at least 20 feet tall in an appropriate open space area, but that replacement counts at just a 1:1 ratio, no bonus credit for planting a big tree to replace a lost one. The rule sits inside the same general tree section that also lets developers earn tree credits by planting native herbaceous vegetation in dry detention or drainage areas. On Captiva Island specifically, LDC § 33-1631 layers an additional, standalone requirement onto any project needing a local development order: heritage trees, using the Chapter 10 definition, "will be preserved or, when possible, may be relocated on-site," with the same 20-foot replacement tree required if removal cannot be avoided.
Violations & Fines
There's no separate heritage-tree fine schedule; the exposure comes through the general tree requirement itself. A development order that undercounts required trees, or removes a heritage tree without providing the mandated 20-foot replacement, is out of compliance with LDC § 10-416, a Land Development Code violation under § 1-5 carrying up to a $500.00 fine, up to 60 days in the County Jail, or both, plus possible injunctive relief compelling correction.
Frequently Asked Questions
What counts as a heritage tree in Lee County?
If I remove a heritage tree, how many replacement trees do I need?
Does Captiva Island have its own heritage tree rule?
Sources & Official References
Other rules in Lee County
Florida rules heatmap·Compare Lee County to another location·View the Florida tree protection overview
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