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

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

Key Facts

Species list
24 native species on the Protected Tree List
Trigger size
Protected once trunk reaches 6 in diameter
Single-family
Preserve/replant 50% of caliper inches
Multi-family/commercial
Preserve/replant 70% of caliper inches
Wetlands
Wetland/conservation-area trees preserved in full
Scope
Applies only in unincorporated Flagler County

Summary

Flagler County's Land Development Code names 24 native tree species, from live oak and southern magnolia to bald cypress and sweetgum, as protected once their trunk reaches six inches in diameter, and requires most development sites to preserve or replant 50 to 70 percent of that pre-development tree canopy. This preservation duty applies only in unincorporated Flagler County.

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.

(1)The minimum number of protected trees to be preserved upon any development site is equal to the percentages set forth below for different land uses. ... A.Single-family dwelling lots: Each single-family residential lot must preserve or replant at least fifty (50) percent of the total pre-development caliper inches existing on the site. ... The following protected trees having a caliper of six (6) inch DBH or greater are protected under the terms of this regulation and also constitute acceptable replacement trees subject to minimum size requirements: Common Name Botanical Name ... Oak Quercus spp. ... Magnolia, Southern Magnolia grandiflora

Full Breakdown

04 of Article VI lists the species Flagler County protects: ash, bald cypress, bay, black cherry, cherry laurel, pond cypress, devil's walking stick, elm, hackberry, hickory, holly, southern magnolia, sweetbay magnolia, red maple, oak, persimmon, eastern redbud, eastern and southern red cedar, sweetgum, American sycamore, black and swamp tupelo, and tulip tree, once any of them reaches a six-inch diameter at breast height. County staff can accept other broadleaf hardwoods as replacements on a case-by-case finding of suitability. 03 sets the preservation math by land use: a single-family lot must preserve or replant at least 50 percent of its pre-development protected-tree caliper inches, while multi-family, mobile home park, non-residential and mixed-use parcels must hit 70 percent, calculated in aggregate caliper inches rather than tree by tree.

Trees inside a designated conservation area, jurisdictional wetland or adjacent upland buffer must be preserved in full regardless of that percentage. Where replacement trees are needed to make up the difference, they must come from the same protected species list and meet minimum caliper sizes that scale up for specimen and historic trees. The A1A Scenic Corridor overlay uses an even broader protected-species list and imposes a stiffer 1-to-3 caliper-inch replacement ratio for illegal removal within that corridor. 02 before work begins. None of this reaches Palm Coast, Flagler Beach, Beverly Beach, Marineland or Bunnell, which set their own tree-protection standards.

Violations & Fines

Removing, relocating or destroying a protected tree species from the § 6.01.04 list without authorization is punishable under § 6.01.08 by a fine of up to $500 per tree plus mandatory replacement, with each affected tree treated as a separate offense. Failing to meet the 50 or 70 percent preservation ratio can also block site plan approval, building permits or a certificate of occupancy until the shortfall is corrected.

Frequently Asked Questions

Which tree species does Flagler County protect?
LDC § 6.01.04 lists 24 native species, including live oak, southern magnolia, bald cypress, sweetgum, red maple, American sycamore and eastern redbud, once a trunk reaches six inches in diameter at breast height. County staff can approve other broadleaf hardwoods as replacements on a case-by-case basis.
How much of my lot's tree canopy do I have to keep?
A single-family lot must preserve or replant at least 50 percent of its pre-development protected-tree caliper inches under § 6.01.03(1)(A); multi-family, mobile home park, non-residential and mixed-use parcels must hit 70 percent. Trees in a conservation area, wetland or adjacent upland buffer must be kept in full regardless.
Do I need a permit before clearing protected trees?
Yes. Section 6.01.02 requires a tree survey less than 24 months old, submitted alongside the site plan, subdivision or building permit application, identifying every protected tree on the property by species and diameter before development services will authorize any land clearing.
What if I remove a protected tree without approval?
Under § 6.01.08, each unauthorized removal, relocation or destruction of a protected tree is a separate offense punishable by a fine of up to $500 plus mandatory replacement, and the property owner is strictly liable unless the damage is proven to be an act of God, war, an approved permit, or documented vandalism.

Sources & Official References

Other rules in Flagler County

All Flagler County rules

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