Melbourne's permit rule in one paragraph
Melbourne's land development code says removing a tree needs a permit unless it's exempt, and lets you trim up to 20 percent of a tree's canopy without one (Melbourne LDC s. 9.272). The exemptions cover a lot of homeowners: trees on lots with an existing one-, two- or three-family home, listed invasive trees, and trees that are dead or dangerous. Rules can change, so confirm with the city before work starts.
Where the home-lot exemption stops matters as much as where it applies. A vacant lot, a commercial building or a fourplex doesn't get that pass, so a removal there usually begins with a permit application.
What grows where in Melbourne
Eau Gallie and the blocks near downtown carry the oldest canopy in the city. Live oaks and laurel oaks went in with the houses, and many now spread across two or three yards. Toward the river, sabal palms share space with the occasional queen palm. Out west, along Lake Washington Road and the neighborhoods off Wickham Road, much of the shade comes from slash pines left standing when the land was built out.
That mix matters when a storm is coming. The UF/IFAS hurricane study rated laurel oak among the least wind-resistant trees on the Southeastern Coastal Plain, with live oak and sabal palm near the top (UF/IFAS FR173). A hollow laurel oak leaning toward a carport needs a closer look than a sound live oak twice its size.
Invasive trees you can usually take out
The same section lists prohibited invasive trees that are exempt from the permit, including Brazilian pepper, melaleuca, Australian pine, carrotwood, Chinese tallow, camphor and chinaberry. Brazilian pepper is the one most people fight. UF/IFAS warns that big stands resprout hard after cutting, so stump treatment is usually part of the job (UF/IFAS plant directory). Ask the crew how they plan to keep it from coming back.
Scrub and wildlife areas
Melbourne's code singles out designated occupied scrub-jay and gopher tortoise habitat. In those areas, s. 9.272(a)(2) bars trimming, removing or altering vegetation without approval from the U.S. Fish and Wildlife Service. If your lot backs onto sandy scrub with low, scrubby oaks, ask the city before anyone cuts.
Federal scrub-jay permits are still a live issue in the city. In 2026 the Fish and Wildlife Service published notice that it had received an application for a scrub-jay incidental take permit tied to taxiway rehabilitation at Melbourne Orlando International Airport (Federal Register notice, 2026).
Melbourne, West Melbourne or Melbourne Village?
A Melbourne mailing address doesn't settle which rules apply. West Melbourne and the small town of Melbourne Village keep their own codes, and some unincorporated neighborhoods, Suntree among them, use Melbourne addresses while following county rules. Check the taxing district on your property tax bill. If it isn't the City of Melbourne, start with the West Melbourne or Viera and Suntree page instead.
Local rules worth knowing
Trimming up to 20% of a tree's canopy needs no permit. Removal needs one unless an exemption applies, such as an existing one-, two- or three-family home on the lot.
Source: Melbourne LDC s. 9.272
The city manager may waive the tree rules during a hurricane or other emergency.
Source: Melbourne LDC s. 9.272
Laurel oak rated among the least wind-resistant trees in the UF/IFAS hurricane study. Live oak and sabal palm rated among the most.
Source: UF/IFAS, Wind and Trees (FR173)
USFWS published a 2026 notice that it received a scrub-jay incidental take permit application covering taxiway rehabilitation at Melbourne Orlando International Airport.
Questions people ask
Do I need a permit to remove a tree at my Melbourne house?
If the lot has an existing one-, two- or three-family home, Melbourne's code exempts it from the tree removal permit. Vacant lots, commercial sites and protected habitat areas are different. Check s. 9.272 or ask the city.
How much can I trim without a permit?
Melbourne's code allows trimming up to 20 percent of a tree's canopy without a permit. Going past that on a tree that isn't exempt is a question for the city before the work, not after.
Can the city relax the tree rules after a hurricane?
Yes. The city manager may waive them during a hurricane or other emergency. Wait for the city to announce a waiver rather than assuming one is in effect.
Is West Melbourne the same?
No. West Melbourne is its own city with its own code, and it treats single-family lots differently. See the West Melbourne page.