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Monroe County, FL Tree Protection: Protected Tree Species (2026)

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

Key Facts

Governing section
LDC § 118-13
Applies to
USFWS critical/suitable habitat
Key reference date
April 30, 2010 Biological Opinion
Required step
direct USFWS consultation, authorization
Species survey rule
LDC § 118-2 existing conditions report

Summary

In the unincorporated Florida Keys (Monroe County), any development on land within U.S. Fish and Wildlife Service critical habitat or potentially suitable habitat for a federally listed threatened or endangered species must fully comply with Land Development Code Chapter 118, and owners whose species are not already covered by the 2010 Biological Opinion must get direct USFWS authorization first.

These county ordinances apply to unincorporated areas of Monroe County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(a)Applicability. On parcels that the U.S. Fish and Wildlife Service has determined are within critical habitat or designated potentially suitable habitat for federally listed threatened or endangered species, no development shall occur without full compliance with the terms of this chapter in addition to other applicable regulations, including, but not limited to, Section 122-8.(b)Technical assistance required. For any development permit application filed with Monroe County for properties located within critical habitat or designated potentially suitable habitat for federally listed threatened and endangered species that are not included in the U.S. Fish and Wildlife Service's April 30, 2010 Biological Opinion, and/or are not included in the species addressed under Section 122-8 of the Monroe County Land Development Code, the property owner shall be required to consult directly with the U.S. Fish and Wildlife Service and provide authorization from the U.S. Fish and Wildlife Service to Monroe County before commencement of development.

Full Breakdown

S. Fish and Wildlife Service has determined lie within critical habitat or designated potentially suitable habitat for a federally listed threatened or endangered species. On those parcels, no development may proceed without full compliance with Chapter 118 and other applicable regulations, including Section 122-8 of the floodplain chapter's permit referral process. S. Fish and Wildlife Service's April 30, 2010 Biological Opinion or under Section 122-8, the owner must consult directly with the Service and obtain its written authorization before Monroe County will allow work to begin; any conditions the Service imposes become conditions of the county development permit itself.

This dovetails with the county's existing conditions report requirement in Section 118-2: applicants on land with wetlands or upland native vegetation must submit a biologist-prepared survey listing every plant species found, tagging each as Threatened, Endangered, Regionally Important, a rapid-maturing native, non-listed native, exotic, or invasive exotic, and stating how many of each are proposed to remain versus be removed. Native trees and shrubs that reach reproductive maturity at under four inches diameter at breast height, such as saw palmetto, cocoplum, and Jamaica caper, get their own counting rule in that survey.

Together these sections mean a Key Largo or Big Pine Key landowner cannot simply clear native habitat containing a listed species; the biologist survey and, where triggered, federal consultation come first.

Violations & Fines

Clearing or development undertaken without the required U.S. Fish and Wildlife Service authorization, or outside the scope of an issued permit, draws a stop-work order from the Building Official and referral to code enforcement proceedings under Chapter 8, per the parallel land-clearing violation procedure in Section 118-11; no further building permit is processed until the violation is corrected.

Frequently Asked Questions

Do I need federal sign-off to clear land in the Keys?
If your parcel sits in U.S. Fish and Wildlife Service critical or potentially suitable habitat for a listed species not already covered by the 2010 Biological Opinion, Section 118-13 requires you to consult the Service directly and get its written authorization before Monroe County will issue a development permit.
What happens to the Service's conditions once granted?
They do not stay a separate federal matter. Section 118-13(b) makes any conditions the U.S. Fish and Wildlife Service imposes into conditions of the Monroe County development permit itself, so violating them is a county code violation too.
How does the county know what protected species are on my lot?
Section 118-2 requires an existing conditions report from a qualified biologist listing every plant species present, tagging threatened, endangered, and regionally important species, before the county will approve clearing or development.

Sources & Official References

Other rules in Monroe County

All Monroe County rules

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