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

Chapter 72, Division 17 makes it unlawful to take, harass, or destroy a gopher tortoise or its burrow anywhere in unincorporated Volusia County without an FWC permit or an FWC-approved exemption (§ 72-1138). Before touching a site identified on the county's Gopher Tortoise Habitat Map, § 72-1140 requires a 100-percent burrow survey by an FWC-authorized agent for commercial and subdivision applications, or a county field inspection paid for by a review fee for residential building or tree-removal permits; either way, no permit issues until burrows are protected or FWC clears the take.

Section 72-1141 then sets the construction-phase standards: burrows marked for preservation must be flagged before any land-clearing equipment moves in, and a temporary barrier, set back at least 25 feet from the burrow entrance and built to FWC guidelines, must exclude the tortoise from the work area for the life of construction, then come down afterward unless a permit says otherwise. If construction damages a burrow or takes a tortoise, the applicant must notify FWC immediately, and if no FWC permit had been required, must also notify Volusia County Environmental Permitting, which will issue a stop-work order until FWC law enforcement finishes investigating.

Agricultural, silvicultural, wildlife-management and utility right-of-way maintenance under FWC's Gopher Tortoise Permitting Guidelines are exempt, as is routine yard maintenance that doesn't take a tortoise or collapse its burrow (§ 72-1139).