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Melbourne, FL Tree Protection: Protected Tree Species (2026)

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

Key Facts

Protected species
Cypress, oak, and pine (grand trees)
Minimum trunk size
30-inch DBH (45-inch multi-stem)
General rule
No cutting, removal, or relocation
Exemption authority
Community development director
Enforcement
Code compliance division, per-day violation

Summary

Melbourne protects 'grand trees,' meaning cypress, oak or pine species with a 30-inch or greater trunk diameter, under Sec. 9.272(g): no person may cut down, remove, relocate or damage one, regardless of location or when development was approved. Removal without a permit is charged as illegal tree removal under Sec. 9.272(h)-(i), with each noncompliant day treated as a separate offense.

Grand tree means a tree and its root system within the cypress (taxodium spp.), oak (quercus spp.), and pine (pinus spp.) species which has a minimum 30-inch trunk diameter at DBH. In the case of multi-stemmed trees where there is a union of wood above grade, the DBH shall be measured at each stem and added together to reach a minimum of a 45-inch diameter. ... (g)Grand trees. No person shall cut down, remove, relocate, or in any way damage a grand tree. These trees shall be protected without regard to their location or the date of final development approval.

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 32).

Full Breakdown

Sec. ) species with a minimum 30-inch trunk diameter at breast height (DBH); for multi-stemmed trees with a union of wood above grade, the combined stem diameters must reach 45 inches. Sec. 272(g) makes the protection absolute: no person shall cut down, remove, relocate, or in any way damage a grand tree, and these trees are protected without regard to their location on a site or the date final development approval was granted. The community development director may exempt a specific grand tree only if it is in advanced decline (subject to a certified arborist's determination), if it sits where a permitted structure must go and the applicant has made every effort to design around it, or if it is causing substantial structural or infrastructural damage that cannot be fixed with root barriers or trimming.

Encroachment under a grand tree's canopy is allowed only to the limited extent the article permits for tree roots generally, and grand trees preserved under Sec. 272(f) can have their DBH-inches credited toward removal fees owed for other trees on the same site. When the engineering department determines a tree removal permit was required and a tree was removed without one, the code compliance division may cite both the property owner or developer and the person who removed the tree for illegal tree removal under Sec. 272(i)(1).

Violations & Fines

Removing a grand tree, or any tree requiring a permit, without city authorization is illegal tree removal under Sec. 9.272(i)(1), and each day the property remains out of compliance counts as a separate offense. The code expressly treats destruction of a tree without a required permit as an irreversible and irreparable violation, and alleged violators may be prosecuted before the code enforcement board or otherwise as provided by law.

Frequently Asked Questions

What trees are protected as 'grand trees' in Melbourne, FL?
Sec. 9.271 defines a grand tree as a cypress, oak or pine tree with a trunk diameter of at least 30 inches at breast height, or 45 combined inches for multi-stemmed trees with a union of wood above grade.
Can a homeowner remove a grand tree in Melbourne without a permit?
No. Sec. 9.272(g) prohibits cutting down, removing, relocating or damaging a grand tree regardless of its location or when the property's development was approved, and unpermitted removal is cited as illegal tree removal.
Is there any way to get approval to remove a grand tree?
Yes, but only in limited cases. The community development director may exempt a grand tree that is in advanced decline, blocks a permitted structure the applicant tried to design around, or is causing structural damage that trimming or root barriers cannot fix.

Sources & Official References

Other rules in Melbourne

All Melbourne rules

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