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Port Orange, 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 size
36 inches DBH or greater
Approval authority
City council only, not staff
Unpermitted removal fine
$5,000 on commercial/multifamily/institutional lots
Replacement size
4.5-inch caliper, 14 feet tall (non-residential)
Dead tree exception
No mitigation once confirmed dead

Summary

Port Orange classifies any Live Oak or Bald Cypress 36 inches or larger in trunk diameter, or any other tree of that size found unique enough, as a historic tree. Removing one without a permit on a multifamily, commercial, industrial or institutional lot draws a $5,000 fine on top of double the permit fee and mitigation.

Historic tree. ... Any Live Oak (Quercus virginiana) or Bald Cypress (Taxodium distichum) 36 inches DBH or greater or any other tree which is 36 inches DBH or greater and is determined by the local governing body to be of such unique and intrinsic value to the general public because of its size, age, historic association, or ecological value as to justify this classification. ... Upon receipt of an historic tree removal permit application city staff shall inspect and determine whether or not a historic tree is healthy, deteriorated, diseased or dead. ... any party found to have removed, or killed a historic tree without a permit ... on multifamily, commercial, industrial and institutional lots or parcels shall also pay a $5,000.00 fine in addition to the penalties listed above.

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 43 | Land Development Code: Supplement 38).

Full Breakdown

5 of the Land Development Code defines a historic tree as any Live Oak or Bald Cypress measuring 36 inches or more in diameter at breast height, or any other tree of that size the city determines to be uniquely valuable for its size, age, historic association or ecological value; a state, national or world champion tree designated by the American Forestry Association also qualifies. Only city council, not staff, can approve a historic tree removal permit. 5, once an application comes in, city staff inspects the tree and determines whether it is healthy, deteriorated, diseased or dead.

If the applicant disputes that call, staff hires an outside specialist at the applicant's expense, and the environmental advisory board hears any objection to the choice of specialist. A historic tree found healthy must be mitigated at an amount the city council sets by resolution, with replacement trees at least four and one-half inches in caliper and 14 feet tall for multifamily, commercial, industrial or institutional properties. On single- and two-family lots, replacement trees only need to be two-inch caliper and 10 feet tall. A tree removed before staff can inspect it is treated as healthy by default for mitigation purposes.

A tree that staff or a specialist confirms is dead requires no mitigation at all. City staff can allow emergency removal of a diseased, dead, deteriorated or storm-damaged historic tree ahead of council approval when it poses an imminent danger, with council and, for larger properties, environmental advisory board sign-off coming afterward. Removing or killing a historic tree without a permit carries its own penalty on top of the general tree violation rules: double the regular permit fee, required mitigation, and, for multifamily, commercial, industrial or institutional lots, a flat $5,000 fine layered on top of those other penalties.

Violations & Fines

Removing or killing a historic tree without a city council permit doubles the regular permit fee and still requires mitigation for each replacement tree not planted; on multifamily, commercial, industrial or institutional property, the owner also owes a flat $5,000 fine in addition to those penalties. A second violation by the same owner doubles the required mitigation amount again.

Frequently Asked Questions

What makes a tree 'historic' under Port Orange's code?
Any Live Oak or Bald Cypress measuring 36 inches or more in diameter at breast height qualifies automatically, and any other tree of that size can be designated historic if the city finds it uniquely valuable for its size, age, historic association or ecological value. Recognized state, national or world champion trees also qualify.
Who can approve removal of a historic tree in Port Orange?
Only the city council can approve a historic tree removal permit; staff cannot sign off on their own. Staff first inspects the tree to determine whether it is healthy, deteriorated, diseased or dead, and the applicant can challenge that finding by paying for an independent specialist, subject to review by the environmental advisory board.
What is the penalty for removing a historic tree without a permit?
The owner owes double the regular permit fee plus required mitigation for every replacement tree not planted. On multifamily, commercial, industrial or institutional property, an additional flat $5,000 fine applies on top of those amounts, and a second violation by the same owner doubles the mitigation requirement again.

Sources & Official References

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