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Volusia 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 threshold
36-inch DBH Live Oak or Bald Cypress, or equivalent
Removal authority
County governing body approval required, not just staff
General tree permit
Any tree 6+ inches DBH needs a removal permit
Exemption limit
Owner-occupied single-family exemption excludes historic trees
Enforcement tool
Stop-work order available under § 50-165

Summary

Volusia County will not let anyone cut down, move, or destroy a historic tree in the unincorporated county without a permit approved by the county council. A historic tree is defined as any Live Oak or Bald Cypress 36 inches DBH or larger, or any other tree of that size the county finds uniquely valuable for its age, size, historic association, or ecological role. Champion trees recognized by the American Forestry Association also qualify automatically.

City-specific rules exist: Daytona Beach, Deltona, and Port Orange have their own heritage & protected trees rules that differ from Volusia County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

Historic tree means 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. Any tree in this county selected and duly designated a Florida State Champion, United States Champion or a World Champion by the American Forestry Association shall likewise be within this definition. ... (d) Historic trees shall only be removed upon approval of a tree permit granted by the local governing body.

Source: Volusia LDC Ch. 72 Art. IIIView 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 108 Update 1).

Full Breakdown

Chapter 50, Division 4 of the county code makes it unlawful to cut down, move, remove, or damage any tree six inches DBH or larger anywhere in unincorporated Volusia without first getting a tree removal permit (Sec. 50-167). Historic trees get an extra layer of protection: Sec. 50-170(d) says they "shall only be removed upon approval of a tree permit granted by the local governing body," meaning the county council itself, not a staff planner, signs off. Sec. , or World Champion by the American Forestry Association.

Reviewers weighing a removal application under Sec. 50-168 must consider the tree's size, age, uniqueness or rarity, the runoff and erosion consequences of losing it, and the need for screening or shade in built-up areas. Owner-occupied single-family and duplex lots are otherwise exempt from the general tree permit requirement under Sec. 50-169, but that exemption does not reach historic trees, which the code singles out for governing-body-level review regardless of lot type. A county-issued stop-work order under Sec. 50-165 can halt cutting mid-removal if a violation is observed.

Violations & Fines

Violations of the tree protection division are punishable under Sec. 50-162 and the general penalty schedule in Sec. 1-7, and the county can issue a stop-work order under Sec. 50-165 the moment cutting is observed. Removing a historic tree without governing-body approval exposes the responsible party to code enforcement citation, mandatory replacement stock, and possible referral to the county's code enforcement board for a per-day fine until the site is brought back into compliance.

Frequently Asked Questions

Can I remove a historic tree on my own property without a permit?
No. Sec. 50-170(d) requires governing-body approval to remove a historic tree, and the owner-occupied single-family exemption in Sec. 50-169 applies only to the general tree removal permit, not to any tree that meets the historic-tree definition set out in Sec. 50-71.
What makes a tree count as historic under Volusia County's code?
Any Live Oak or Bald Cypress measuring 36 inches DBH or greater qualifies automatically under Sec. 50-71, along with any other species of that size the county determines has unique size, age, historic association, or ecological value, plus recognized state, national, or world champion trees.
How do I apply to remove a historic tree in unincorporated Volusia County?
File a tree removal permit application with the county under Sec. 50-167. Reviewers apply the Sec. 50-168 review standards covering size, age, and ecological value, and because the tree is historic the request ultimately needs approval from the county's governing body, not just planning staff.

Sources & Official References

Other rules in Volusia County

All Volusia County rules

Florida rules heatmap·Compare Volusia County to another location·View the Florida tree protection overview

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