County code, not a city code
Because Merritt Island is unincorporated, Brevard County's land clearing and tree protection rules apply here (Brevard County Code s. 62-4337). Unless a property is exempt, a permit is required before any land clearing, and the code's definition of land clearing includes cutting down trees. Mowing, trimming and pruning done the allowed way are left out of that definition (s. 62-4332).
Pruning still has limits. Under s. 62-4338(7), improper pruning that affects a tree's viability can itself count as land clearing, along with machinery damage, fuel or herbicide spills on the roots, and grade changes over the root zone (s. 62-4338). Ask how the cuts will be made before anyone climbs.
Lot size decides most of it
On Merritt Island, the county protects a hardwood once its trunk reaches 10 inches dbh and a softwood such as a pine at 14 inches, measured 4.5 feet above grade. A tree in good condition at 24 inches or more is a specimen (s. 62-4332).
The exemptions in s. 62-4334 then do most of the work. A single-family lot of 1.25 acres or less with a certificate of occupancy is exempt from the canopy and preservation requirements, specimen-tree criteria included, as long as minimum landscaping stays in place. Canal lots are far smaller than that. The bigger parcels up north and along the rivers are where the specimen rule can still apply.
Water on both sides
The island sits between the Indian River and the Banana River and is cut by canals, so shoreline rules come up often. The county's invasive-plant exemption changes inside shoreline protection buffers and wetlands: there, removal has to be by hand, with roots left in the ground and only aquatic-approved herbicide (s. 62-4334). For permitted clearing, properties on the Indian River Lagoon also need a surface water protection buffer survey (Brevard Natural Resources Management).
Mangroves are their own category. The Mangrove Trimming and Preservation Act governs them (F.S. 403.9329), and the county wants any required mangrove permits from the state and federal agencies in hand for verification before it issues a land clearing permit (s. 62-4338). Mangrove work isn't something this site arranges.
After a storm, document first
The county exempts emergency removal of a dead or seriously damaged tree that poses an immediate threat. Before the cut, s. 62-4334(6) says to record the threat (s. 62-4334). A phone camera and a tape measure cover it:
- Photos of the whole tree and of any damaged, diseased or infested areas
- Rough measurements: height, canopy spread and dbh
- The distance to the house, the dock or anything else it could hit if felled
Local rules worth knowing
On the mainland and Merritt Island, the county protects hardwoods from 10 inches dbh and softwoods such as pines from 14 inches. Specimen trees are 24 inches or more.
Source: Brevard County Code s. 62-4332
Single-family lots of 1.25 acres or less with a certificate of occupancy are exempt from the canopy and preservation requirements while minimum landscaping is kept.
Source: Brevard County Code s. 62-4334
Before an emergency removal, document the threat with photos, rough measurements and the distance to structures.
Questions people ask
Do I need a county permit to remove a tree from my Merritt Island yard?
If the house sits on a single-family lot of 1.25 acres or less with a certificate of occupancy, s. 62-4334 exempts it from the county's canopy and preservation rules, as long as minimum landscaping stays. Larger lots, vacant lots and anything inside a shoreline buffer or wetland need a closer look, and the county's Natural Resources Management office can confirm.
Can I clear Brazilian pepper along my canal bank?
Invasive removal is exempt from the permit, but inside a shoreline protection buffer the county wants it done by hand, with roots left in place and only aquatic-approved herbicide. If mangroves are mixed in with the pepper, state mangrove law covers them.
Does trimming need a county permit?
Allowable trimming and pruning fall outside the county's definition of land clearing (s. 62-4332). Pruning bad enough to threaten a tree's survival can count as clearing, though, so the quality of the cuts matters.
Sources
- Brevard County Code s. 62-4337 (permit required)
- Brevard County Code s. 62-4332 (definitions)
- Brevard County Code s. 62-4334 (exemptions)
- Brevard County Code s. 62-4338 (performance standards)
- Brevard County Natural Resources Management, permitting review process
- Florida Statutes s. 403.9329 (Mangrove Trimming and Preservation Act)