Flagler County, FL Tree Protection: Parkway Planting (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.
(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?
Are there height limits for parkway or median landscaping?
Does this county rule apply to street trees in Palm Coast?
What happens if I plant in the right-of-way without a permit?
Sources & Official References
Other rules in Flagler County
Florida rules heatmap·Compare Flagler County to another location·View the Florida tree protection overview
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