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

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing sections
City Code §§ 9.271, 9.272(g)
Grand tree threshold
30-inch trunk diameter (oak/pine/cypress)
Protection scope
Regardless of location or approval date
Approving official
Community development director (exemptions only)
Fee benefit
Preserved DBH-inches credit toward other fees

Summary

Melbourne bans cutting, removing, relocating, or damaging any 'grand tree,' defined as an oak, pine, or cypress with a 30-inch trunk diameter. City Code Sec. 9.272(g) protects grand trees regardless of location or when a development was approved, and only the community development director can grant a narrow removal exemption.

Grand tree means a tree and its root system within the cypress (taxodium spp.), oak (quercus spp.), and pine (pinus spp.) species which has a minimum 30-inch trunk diameter at DBH. In the case of multi-stemmed trees where there is a union of wood above grade, the DBH shall be measured at each stem and added together to reach a minimum of a 45-inch diameter.[...] (g)Grand trees. No person shall cut down, remove, relocate, or in any way damage a grand tree. These trees shall be protected without regard to their location or the date of final development approval.

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 32).

Full Breakdown

Sec. 271 defines a "grand tree" as a tree and its root system within the cypress, oak, or pine species with a minimum 30-inch trunk diameter measured at breast height (DBH); for multi-stemmed trees with a union of wood above grade, the diameters of each stem are added together to reach a minimum 45-inch total. Sec. 272(g) then flatly bans cutting down, removing, relocating, or damaging a grand tree, and specifies the protection applies "without regard to their location or the date of final development approval," meaning an already-approved site plan does not exempt a grand tree.

The community development director, or a designee, can grant a narrow exemption only if a certified arborist confirms the tree is in advanced decline, if the applicant demonstrates genuine design effort to build around the tree but a permitted structure cannot otherwise be sited, or if a qualified professional or arborist confirms the tree is causing substantial structural or infrastructural damage with no feasible alternative like root barriers or trimming. Encroachment on a grand tree's root zone is limited to the same standards that apply to other protected trees under Sec.

272(f)(2). Grand trees on already-developed properties may be exempted from the per-DBH-inch removal fee if in decline or causing structural damage, and Sec. 272(g)(4) lets a successfully preserved grand tree's DBH-inches be credited toward removal fees owed for other trees on the same site. Tree surveys submitted with development applications must specifically identify grand trees under Sec. 272(c)(2)b.

Violations & Fines

Cutting, removing, relocating, or damaging a grand tree without the community development director's approval is an illegal tree removal citable before the code enforcement board under Sec. 9.272(h), with each day of noncompliance a separate offense and the loss treated as an "irreversible and irreparable violation." The owner must still replant a same-type tree of equal cumulative diameter and at least 12 feet tall before a certificate of occupancy issues.

Frequently Asked Questions

What size tree counts as a "grand tree" in Melbourne?
Sec. 9.271 defines a grand tree as a cypress, oak, or pine species tree with a minimum 30-inch trunk diameter measured at breast height; for multi-stemmed trees with a union above grade, the stems' diameters are added together to reach a minimum 45-inch total.
Can a developer remove a grand tree to build in Melbourne?
Only with the community development director's approval under Sec. 9.272(g)(1), and only after showing the tree is in advanced decline, is causing substantial structural damage with no feasible fix, or that every design effort was made to build around it before removal is allowed.
Does an already-approved development plan protect a grand tree from removal?
No. Sec. 9.272(g) states grand trees are protected "without regard to their location or the date of final development approval," meaning a previously approved site plan does not exempt a grand tree from the removal ban.

Sources & Official References

Other rules in Melbourne

All Melbourne rules

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