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Port Orange, FL Tree Protection: Protected Tree Species (2026)

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

Key Facts

Zone A threshold
20-acre tract triggers review
Zone B threshold
10-acre tract triggers review
Exempt if pre-1990
Development orders before Nov. 1, 1990
Reviewing agency
Florida Game and Fresh Water Fish Commission
Re-filing exemption
Application filed within past 5 years

Summary

Larger development projects in Port Orange must survey for state- and federally-listed plant and animal species before approval. PUD, PCD, site plan and subdivision applications on tracts of 20 acres or more in built-up areas, or 10 acres or more in sparser zone B areas, must document listed species and how the project will protect them.

Listed species likely to be found within the city are identified in the natural communities listing located in the appendix to this code. (a)All development applications for PUD or PCD developments, site plan, and conceptual subdivision approval, regarding property whose size meets or exceeds the development tract thresholds established in section 33 of this article, shall include an exhibit, prepared at the same scale as the development proposal map, which conforms to the following requirements: ... The threshold tract size for zone A is 20 acres while the threshold tract size for zone B is ten acres.

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 43 | Land Development Code: Supplement 38).

Full Breakdown

Article IV of the Land Development Code's environmental protection chapter adds a city-level layer of review for listed plant and animal species on top of state and federal rules, without replacing those other layers. Listed species likely to occur in Port Orange are catalogued in the natural communities listing in the code's appendix. Section 32 requires any PUD, PCD, site plan or conceptual subdivision application meeting the size thresholds in Section 33 to include a scaled exhibit that maps the site's vegetative community types, notes any evidence of listed species, and describes the field survey method used, such as transects or arrays.

Where evidence of a listed species turns up, the applicant must show how the project will protect it, weighed against approval from the Florida Game and Fresh Water Fish Commission, any state or federal relocation permits needed (for example, to move gopher tortoises), dedication of a conservation easement to the city, and whether that easement connects to adjoining conservation land or the city's Spruce Creek environmental corridor. Section 33 sets the size trigger using two mapped zones. Zone A covers the city's extensively developed areas, where the threshold is a 20-acre development tract; Zone B covers sparsely developed areas with higher habitat potential, where the threshold drops to 10 acres.

Projects below those thresholds, and development orders issued before November 1, 1990, are exempt from the city-level review, though they remain subject to state and federal listed-species law, including the standard process for relocating listed wildlife. A project that already filed a listed species protection application within the previous five years is also exempt from filing again.

Violations & Fines

Filing a covered PUD, PCD, site plan or subdivision application above the acreage threshold without the required listed species exhibit is an incomplete application and the city will not process it toward approval. Nothing in the article exempts a project, whether above or below the local acreage threshold, from separately complying with all applicable state and federal listed-species permitting requirements.

Frequently Asked Questions

Which Port Orange projects need a listed species survey?
PUD, PCD, site plan and conceptual subdivision applications trigger the requirement once the tract hits the size threshold: 20 acres in the city's extensively developed Zone A, or 10 acres in the sparser, higher-habitat Zone B. Smaller projects and development orders issued before November 1, 1990 are exempt from the city-level review.
What does the listed species exhibit need to show?
It must be drawn at the same scale as the development proposal map, delineate the site's vegetative community types from the code's natural communities listing, note any evidence of listed species, and specify the field survey method used, such as transects or arrays, so staff can evaluate the findings.
Does state or federal law still apply if my project is under the local acreage threshold?
Yes. Falling below the 20-acre or 10-acre local threshold only exempts a project from Port Orange's own exhibit requirement. Developers must still contact the appropriate state or federal wildlife coordinator and follow standard permitting for protecting or relocating any listed species found on site.

Sources & Official References

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