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

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

Key Facts

Hardwood threshold
10 inches dbh (14 for pines)
Specimen tree threshold
24 inches dbh for large species
Small-lot exemption
Full exemption at 1.25 acres or less
Enforcing agency
Natural Resources Management Office (NRMO)
Scope
Unincorporated Brevard only, not the cities

Summary

Brevard County protects hardwoods 10+ inches dbh, pines 14+ inches dbh, and specimen trees 24+ inches dbh from removal during development in unincorporated areas; a land clearing permit and preservation plan are required unless the lot is exempt.

City-specific rules exist: Titusville, Palm Bay, and Melbourne have their own protected tree species rules that differ from Brevard County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

Protected tree means, with the exception of nonnative invasive or undesirable plants, a hardwood tree having dbh of ten inches or greater located on the mainland or Merit Island or having a dbh of 1.5 inches on the barrier island; or a softwood tree, such as a pine, having a dbh of 14 inches or greater or 1.5 inches on the barrier island.

Recognized knowledgeable person means an individual knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturist, Florida registered landscape architect, licensed landscape contractor, certified International Society of Arboriculture arborist, certified nurseryman, Florida Nursery, Growers and Landscape Association Certified Landscape Designer or a person having acceptable experience. Acceptable experience shall include a minimum of a four-year degree in horticulture, ecology, forestry, botany, landscape architecture or a minimum of four years of fulltime experience in the identification and evaluation of vegetative resources.

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 135).

Full Breakdown

Brevard County's Natural Resources Management Office enforces tree preservation under Chapter 62 of the county code. A 'protected tree' is any hardwood 10 inches dbh or more (14 inches for pines); a 'specimen tree' is a large hardwood or softwood 24 inches dbh or greater, or an understory tree 10 inches dbh or greater. Development must preserve protected trees and get a land clearing permit unless exempt: single-family lots of 1.25 acres or less are fully exempt, and lots up to 2.5 acres are exempt from most standards but must still protect specimen trees. The rules apply only in unincorporated Brevard, not Palm Bay, Melbourne, Titusville, Cocoa, or other cities with their own codes.

Violations & Fines

Violations are punished under § 62-5 and § 1-7; each quarter acre of illegal clearing, and each protected tree removed, counts as a separate offense, plus mandatory restoration and possible stop-work orders.

Frequently Asked Questions

Does this apply inside Palm Bay or Melbourne?
No. Brevard County's tree rules in Chapter 62 govern only the unincorporated county. Palm Bay, Melbourne, Titusville, Cocoa, and other incorporated cities enforce their own separate tree ordinances.
Can I remove a protected tree on my property?
Only with a land clearing permit, unless your single-family lot is 1.25 acres or smaller (fully exempt) or up to 2.5 acres (exempt except for specimen trees).
Can I remove a dead or hazardous tree without a permit?
Yes: the code exempts emergency removal of a dead or seriously damaged tree posing an immediate safety threat, but you must document the hazard with photos and measurements first.

Sources & Official References

Other rules in Brevard County

All Brevard County rules

Florida rules heatmap·Compare Brevard County to another location·View the Florida tree protection overview

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Protected Tree Species in Cities Across Brevard County