Skip to main content
CityRuleLookup

Flagler County, FL Tree Protection: Parkway Planting (2026)

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

Key Facts

Permit
Right-of-way utilization permit required before planting
Approval
County engineer must approve landscape plans
Height cap
Median plantings capped at 24 in
Mowing strip
4-ft strip required from curb/pavement
Discretion
County can deny plans for safety reasons
Scope
Applies only in unincorporated Flagler County

Summary

Anyone planting landscaping in an unincorporated Flagler County road right-of-way, including a parkway or median strip, needs a right-of-way utilization permit approved by the county engineer first. Median plantings are capped at 24 inches high within 100 feet of a median nose, and the county can refuse to authorize parkway or median landscaping altogether if it would create a safety hazard or block sight lines.

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.

(b)Landscaping.(1)No landscaping or improvement to existing landscaping shall be planted or constructed within the right-of-way unless such landscape construction plans have been approved by the county engineer and a valid right-of-way utilization permit has been authorized and issued by the county.(2)Landscaping in a median island and within one hundred (100) feet of a median nose shall be installed and maintained at a maximum height of twenty-four (24) inches above road grade at the centerline of the travelway. ... (7)Landscaping planned for either a parkway or median strip will not be authorized if, in the opinion of the county, such installation would possibly create a safety hazard or sight obstruction.

Full Breakdown

Section 26-55 of the county's Roads, Bridges and Miscellaneous Public Places chapter governs any landscaping placed in a dedicated or planned public right-of-way. Subsection (b)(1) bars planting or building any landscaping in the right-of-way, including a parkway strip, until the county engineer approves landscape construction plans and issues a right-of-way utilization permit. Within a median island, and within 100 feet of a median nose, plantings are capped at a maximum height of 24 inches above the road grade at the travelway centerline, and trees are normally barred from medians unless they fit within the state's clear-zone and clear-sight-distance standards.

A four-foot mowing strip must separate any plantings from the curb or pavement edge, and trees on private property cannot overhang the right-of-way in a way that blocks sight distance at intersections. Under subsection (b)(7), the county can refuse to authorize any parkway or median landscaping plan outright if, in the county's judgment, it would create a safety hazard or obstruct sight distance, with public safety treated as the deciding factor. The same section separately bars planting poisonous or exotic pest plant species anywhere in a public right-of-way.

Because this is a right-of-way standard tied to county-maintained roads, it applies in the unincorporated area; Palm Coast, Flagler Beach, Beverly Beach, Marineland and Bunnell maintain their own rights-of-way and set their own landscaping permit rules for them.

Violations & Fines

Installing landscaping in the county right-of-way, including a parkway or median strip, without an approved right-of-way utilization permit falls under the Code's general default penalty at § 1-6: a fine of up to $500, up to 60 days in the county jail, or both, with each day of a continuing violation treated as a separate offense, in addition to permit revocation.

Frequently Asked Questions

Can I plant trees in the road right-of-way in front of my unincorporated Flagler County property?
Only with a right-of-way utilization permit approved by the county engineer first, under Code § 26-55(b)(1). Within a median island or within 100 feet of a median nose, plantings are capped at 24 inches high, and the county can refuse to authorize any parkway or median landscaping that would create a safety hazard or block sight lines.
Are there height limits for parkway or median landscaping?
Yes. Landscaping within a median island, and within 100 feet of a median nose, cannot exceed 24 inches above the road grade at the travelway centerline under § 26-55(b)(2), and trees are normally not allowed in medians unless they meet the state's clear-zone and sight-distance requirements.
Does this county rule apply to street trees in Palm Coast?
No. Section 26-55 governs rights-of-way maintained by Flagler County in the unincorporated area. Palm Coast, Flagler Beach, Beverly Beach, Marineland and Bunnell maintain their own roads and set their own parkway and median landscaping rules under their separate municipal codes.
What happens if I plant in the right-of-way without a permit?
Unauthorized right-of-way landscaping falls under the county's general default penalty at Code § 1-6: a fine of up to $500, up to 60 days in jail, or both, with each day of a continuing violation counted separately, in addition to possible permit revocation.

Sources & Official References

Other rules in Flagler County

All Flagler County rules

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

Get notified when Parkway Planting in Flagler County, FL changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Parkway Planting in Cities Across Flagler County