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

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

Key Facts

Historic tree
Trunk 36 in diameter or larger
Specimen tree
Trunk 18 in diameter or larger
Historic replacement
Minimum 6 in caliper required
Pre-clearing rule
Tree survey required before land clearing
Penalty
Up to $500 per tree plus replacement
Scope
Applies only in unincorporated Flagler County

Summary

Flagler County's Land Development Code singles out its largest trees for extra protection: a 'historic tree' is any protected species with a trunk 36 inches or more in diameter, and site design must save as many specimen and historic trees as practicable before any other layout work happens. Replacing a lost historic tree takes a six-inch caliper replacement, in the unincorporated county only.

These county ordinances apply to unincorporated areas of Flagler County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Building footprints, drives, stormwater management facilities, and similar activities on all sites shall be designed to save the maximum practicable number of specimen and historic trees. ... D.Historic trees, which are any protected trees with a trunk of thirty-six (36) inches or larger diameter. ... 3.Historic tree replacements shall have a minimum caliper of six (6) inches measured six (6) inches above grade after planting and be Florida Grade No. 1 or better.

Full Breakdown

00, opens by requiring that building footprints, driveways, stormwater facilities and similar site features be designed to save the maximum practicable number of specimen and historic trees, even shifting subdivision lot lines where necessary to do it. 01 defines the size tiers that trigger this heightened protection: a 'protected tree' is any species on the county's Protected Tree List with a trunk of six inches or more in diameter, a 'specimen tree' is one with an 18-inch or greater trunk, and a 'historic tree' is one with a trunk of 36 inches or larger.

03 requires historic and specimen trees be preserved within designated preservation areas or the public right-of-way wherever development can be designed around them. 03(1)(D)(3) sets its replacement at a minimum six-inch caliper tree, measured six inches above grade, of Florida Grade No. 5-inch caliper for a specimen tree. 09 when on-site preservation is impossible, with funds prioritized for acquiring sites that include specimen or historic trees. This regime governs unincorporated Flagler County only; Palm Coast, Flagler Beach, Beverly Beach, Marineland and Bunnell each run separate tree protection ordinances.

Violations & Fines

Removing, relocating or destroying a protected historic or specimen tree without authorization is punishable under § 6.01.08 by a fine of up to $500 per tree plus mandatory replacement, with each tree treated as a separate offense; if the tree is discovered gone after stump removal, the county presumes one qualifying tree per 4,000 square feet cleared. The property owner is strictly liable absent proof of an act of God, war, an approved permit, or documented vandalism.

Frequently Asked Questions

What counts as a 'historic tree' under Flagler County's code?
Any protected species on the county's Protected Tree List with a trunk 36 inches or more in diameter, measured under LDC § 6.01.01. A 'specimen tree' is the next tier down, with an 18-inch or greater trunk, and both categories get priority protection in site design under § 6.01.00.
Do I need a survey before removing a large tree?
Yes. Before any land clearing on improved, vacant or unimproved land, § 6.01.02 requires a tree survey less than 24 months old identifying every qualifying protected, specimen and historic tree, submitted alongside the site plan or building permit application.
What is the replacement requirement if a historic tree is removed?
A removed historic tree must be replaced with a tree of at least six-inch caliper, measured six inches above grade, meeting Florida Grade No. 1 or better quality, under LDC § 6.01.03(1)(D)(3), a higher standard than the 2.5-inch caliper required for an ordinary protected tree.
What is the penalty for illegally removing a historic tree?
Up to a $500 fine per tree under § 6.01.08, plus mandatory replacement, with each tree removed, relocated or destroyed counted as a separate offense. The property owner is strictly liable unless the damage is proven to be an act of God, war, an approved permit, or documented vandalism.

Sources & Official References

Other rules in Flagler County

All Flagler County rules

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